Page:Competition Ordinance (Cap. 619).pdf/119

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COMPETITION ORDINANCE—SCHEDULE 5
Ord. No. 14 of 2012
A1559

(4) If a member has made a disclosure under subsection (3), the member’s signature (if any) is not to be counted for the purpose of section 17(1) of this Schedule unless the Chairperson directs otherwise.

(5) If the member making a disclosure in respect of a matter under subsection (3) is the Chairperson, section 17 of this Schedule ceases to apply to the matter.

(6) The validity of any proceeding of the Commission is not affected by the failure by a member of the Commission to comply with this section.

(7) Subsections (1), (2) and (6) apply to a member of a committee established by the Commission, as if any reference to the Commission in subsections (1) and (6) were a reference to the committee.

PART 9
Delegation

31. Delegation by Commission

(1) Subject to subsection (2), the Commission may delegate any of the functions of the Commission to—

(a) a person who is a member of the Commission;
(b) a committee established by the Commission;
(c) the Chief Executive Officer;
(d) an employee of the Commission by name; or
(e) the holder of any office in the Commission, designated by the Commission.

(2) Despite subsection (1), the Commission may not delegate any of the following functions—

(a) subject to sections 32 and 33 of this Schedule, its power to delegate the Commission’s functions under subsection (1);
(b) the power to issue a block exemption order under section 15;
(c) the power to vary or revoke a block exemption order under section 20;
(d) the power to issue an infringement notice under section 67;
(e) the power to appoint the Chief Executive Officer and to determine that officer’s terms of employment, under section 10 of this Schedule;
(f) the duty to give a copy of its annual report, its statement of accounts, and the auditor’s report on the statement of accounts, to the Chief Executive under section 26 of this Schedule;
(g) the power to establish any committee under section 28 of this Schedule;