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Governance

The Competition Commission

The Competition Commission (Commission) exercises the functions as provided in the Competition Ordinance (Ordinance). It oversees the work of the executive arm of the Commission and approves all major decisions. The Commission currently has a Chairman and 15 Members who are all appointed by the Chief Executive of the Hong Kong Special Administrative Region, and the appointments took effect on 1 May 2024 for a period of two years. Commission Members are drawn from different fields, including those who have relevant expertise and experience in industry, commerce, economics, accounting, law, small and medium enterprises, finance and consumer protection.

To facilitate its work, the Commission established three working committees, namely, the Enforcement Committee, the Finance and Administration Committee and the Staff Committee. These committees meet regularly and report their work to the Commission.

The Commission Members are committed to a high level of integrity in discharging their functions and follow the code of conduct established by the Commission.

List of Commission Members
Code of Conduct for Commission / Committee Members pdf icon

Enforcement Committee

The Commission has established a committee of Members of the Commission (the “Enforcement Committee”) to perform such functions of the Commission as the Commission delegates to it and to advise the Commission on enforcement matters.

Functions of the Enforcement Committee

The Enforcement Committee exercises a number of functions in relation to the investigation of conduct that may contravene the conduct rules in the Competition Ordinance (Cap.619) (the “Ordinance”) and applications for a Commission decision.

In particular, the Enforcement Committee is tasked with:

  1. overseeing and assisting with establishing priorities for investigations into possible contraventions of the conduct rules with a view to deciding whether to -
    • enter into a leniency agreement with any person under section 80 of the Ordinance;
    • accept a commitment from any person to address competition concerns about a possible contravention of the conduct rules under section 60 of the Ordinance;
    • otherwise settle an investigation in the Investigation Phasei by seeking a commitment, issuing a warning letter or by any other informal means;
    • discontinue or close an investigation in the Investigation Phase for any reason on the basis of the Commission’s discretion under the Ordinance;
    • issue a warning notice under section 82 of the Ordinance in respect of an alleged contravention of the First Conduct Rule;
  2. considering and making decisions on applications for a decision under section 9 and/or section 24 (Exclusions and Exemptions) of the Ordinance; and
  3. advising the Commission on any enforcement related matters which the Commission might refer to it.

While the Commission has delegated certain of its powers to the Enforcement Committee as outlined above at points a. and b. (“Delegated Powers”), only the Commission may exercise the following non-delegable powers:

  1. the power to issue an infringement notice under section 67 of the Ordinance;
  2. the power to make an application to the Competition Tribunal under section 92 of the Ordinance for the imposition of a pecuniary penalty;
  3. the power to make an application to the Competition Tribunal under section 94 of the Ordinance for any other order which the Competition Tribunal might make against a person; and/or
  4. the power to issue a block exemption order under section 15 of the Ordinance.

Should it so wish, the Enforcement Committee may refer any matter within scope of the Delegated Powers to the Commission for a decision.

i Where the Commission investigates an alleged contravention of a conduct rule, it will generally do so in two phases: (i) an Initial Assessment Phase; and (ii) an Investigation Phase. For further information on the Investigation Phase of a Commission investigation, see Part 5 of the Commission's Guideline on Investigations.

Finance & Administration Committee

The Finance and Administration Committee formulates principles and guidelines governing financial and administrative matters, including financial management control, accounting procedures and general administration management.

Functions of Finance and Administration Committee

  1. To formulate principles and guidelines governing administrative and financial matters;
  2. To advise the Commission on the investment objectives and strategies, having regard to such classes of investment as the Financial Secretary may specify in writing;
  3. To review and make recommendations on the draft Annual Estimates of Expenditure of the Commission;
  4. To review the draft statements of accounts of the Commission;
  5. To review the audit reports, audit findings and monitor the implementation of actions arising from the audit reports;
  6. To review the draft annual report on the activities of the Commission;
  7. To make recommendations to the Commission in respect of the appointment of an auditor;
  8. To advise, and to approve proposals, on matters in relation to the leasing or acquisition of the Commission’s office accommodation;
  9. To advise, and to approve proposals each with an estimated value not exceeding $5 million, on procurement matters, with the exception of procurement matters under the purview of the Staff Committee;
  10. To consider policy issues pertaining to financial management control, accounting procedures and general administration of the Commission and make recommendations to the Commission; and
  11. To consider any other administrative and financial matters referred to it by the Commission.

Staff Committee

The Staff Committee formulates principles and guidelines governing human resources management matters, including recruiting staff to the executive arm of the Commission and staff management.

Functions of Staff Committee

  1. To formulate principles and guidelines governing human resources management matters including promotion and disciplinary matters;
  2. To decide on remuneration package, terms and condition of employment of staff for posts below the Chief Executive Officer level, unless otherwise decided by the Commission;
  3. To consider and approve recommendations of selection boards and other matters related to the appointment, further employment or termination of service in relation to staff below the level of Executive Director;
  4. To advise, and to approve proposals each with an estimated value not exceeding $5 million, on procurement matters related to staff management or staff recruitment;
  5. To consider policy issues pertaining to human resources management and make recommendations to the Commission; and
  6. To consider any other staffing matters and human resources management issues referred to it by the Commission.