108. No proceedings independent of this Ordinance
No person may bring any proceedings independently of this Ordinance, whether under any rule of law or any enactment, in any court in Hong Kong, if—
- (a) the cause of action is the defendant’s contravention, or involvement in a contravention, of a conduct rule; or
- (b) the proceedings are founded on more than one cause of action and any of the causes of action is the defendant’s contravention,
or involvement in a contravention, of a conduct rule.
109. Pure competition proceedings not to be brought in Court of First Instance
No person may bring any proceedings in the Court of First Instance under this Part if the cause of action is only the defendant’s contravention, or involvement in a contravention, of a conduct rule.
Division 2—Follow-on Action
110. Follow-on right of action
(1) A person who has suffered loss or damage as a result of any act that has been determined to be a contravention of a conduct rule has a right of action under this section against—
- (a) any person who has contravened or is contravening the rule; and
- (b) any person who is, or has been, involved in that contravention.
(2) Subject to section 113, a claim to which this section applies may only be made in proceedings brought in the Tribunal, whether or not the cause of action is solely the defendant’s contravention, or involvement in a contravention, of a conduct rule.
(3) For the purpose of subsection (1), an act is taken to have been determined to be a contravention of a conduct rule if—
- (a) the Tribunal has made a decision that the act is a contravention of a conduct rule;
- (b) the Court of First Instance has decided, in any proceedings transferred to it by the Tribunal under section 114(3), that the act is a contravention of a conduct rule;
- (c) the Court of Appeal has decided, on an appeal from a decision of the Tribunal or the Court of First Instance, that the act is a contravention of a conduct rule;
