- (b) in relation to an undertaking (other than a corporation or partnership), any member of the governing body of that undertaking.
80. Commission may make leniency agreements
(1) The Commission may, in exchange for a person’s co-operation in an investigation or in proceedings under this Ordinance, make an agreement (a “leniency agreement”) with the person, on any terms it considers appropriate, that it will not bring or continue proceedings under Part 6 for a pecuniary penalty in respect of an alleged contravention of a conduct rule against—
- (a) if the person is a natural person, that person or any employee or agent of that person;
- (b) if the person is a corporation, that corporation or any officer, employee or agent of the corporation;
- (c) if the person is a partner in a partnership, that partnership or any partner in the partnership, or any employee or agent of the partnership; or
- (d) if the person is an undertaking other than one referred to in paragraph (a), (b) or (c), that undertaking or any officer, employee or agent of the undertaking,
in so far as the contravention consists of the conduct specified in the agreement.
(2) The Commission must not, while a leniency agreement is in force, bring or continue proceedings under Part 6 for a pecuniary penalty in breach of that leniency agreement.
81. Termination of leniency agreement
(1) The Commission may terminate a leniency agreement if—
- (a) the other party to the agreement agrees to the termination;
- (b) it has reasonable grounds to suspect that the information on which it based its decision to make the agreement was incomplete, false or misleading in a material particular;
- (c) the other party to the agreement, or if the agreement was made by a person as an officer, employee or agent of an undertaking, that undertaking has been convicted of an offence under Part 3; or
- (d) it is satisfied that the other party to the agreement, or if the agreement was made by a person as an officer, employee or agent of an undertaking, that undertaking has failed to comply with the terms of the agreement.
