55 lines
2.9 KiB
YAML
55 lines
2.9 KiB
YAML
plaintiff:
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- Competition Commission
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defendant:
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- KAM KWONG ENGINEERING COMPANY LTD
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- GOLDFIELD N&W CONSTRUCTION COMPANY LTD
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- PACIFIC VIEW ENGINEERING LTD
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- CHAN KAM SHUI (陳金水)
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- LAM PO WONG (林保旺)
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jurisdiction_code: HKCT
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jurisdiction_name: Competition Tribunal of the Hong Kong Special Administrative Region
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case_location:
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- 香港特別行政區
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- Hong Kong Special Administrative Region
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case_reason: >-
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The Commission claims penalties against Kam Kwong Engineering Company Ltd, Goldfield N&W Construction
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Company Ltd, and Pacific View Engineering Ltd for contravening the First Conduct Rule in relation到
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case_object:
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- penalties
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judgment_result:
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- charge: Declaration that the 3rd Respondent has contravened the First Conduct Rule (liability issue)
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result: Allowed. The court declared that the 3rd Respondent had contravened the First Conduct Rule based
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on the facts not in dispute.
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- charge: Declaration that the 5th Respondent was a person involved in the contravention of the First
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Conduct Rule (liability issue)
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result: Allowed. The court declared that the 5th Respondent was a person involved in the contravention
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of the First Conduct Rule based on the facts not in dispute.
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- charge: Order for costs (quantum issue)
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result: Partially allowed. If the Tribunal disposes of these proceedings summarily, an order should
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be made that the 3rd and 5th Respondents pay the Commission’s costs of these proceedings.
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judgment_summary: >-
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The Competition Commission sued Kam Kwong Engineering Company Ltd and others for contravening the First
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Conduct Rule. The court found that Pacific View Engineering Ltd (3rd Respondent) had breached the rule,
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while Lin Bowaung (5th Respondent) was involved in the breach. Penalties were imposed on both individually
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based on their respective roles. Key evidence included false accounting documents and industry practices.
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Costs were partially awarded to the Commission.
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involved_entities:
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- entity_name: COMPETITION COMMISSION
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reason: Applicant in the case.
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- entity_name: KAM KWONG ENGINEERING COMPANY LTD (金光工程有限公司)
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reason: 1st Respondent in the case.
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- entity_name: GOLDFIELD N&W CONSTRUCTION COMPANY LTD (聯合金輝建築工程有限公司)
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reason: 2nd Respondent in the case.
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- entity_name: PACIFIC VIEW ENGINEERING LTD (豪景工程有限公司)
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reason: 3rd Respondent in the case.
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- entity_name: CHAN KAM SHUI (陳金水)
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reason: 4th Respondent in the case.
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- entity_name: LAM PO WONG (林保旺)
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reason: 5th Respondent in the case.
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- entity_name: Hon Harris J in Chambers
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reason: Presiding judge in this case, responsible for fact-finding and adjudication.
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- entity_name: G Lam J (as he then was)
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reason: Judge who issued judgment on 29 April 2020 in CTEA 2/2017, cited in paragraph 34 of this judgment.
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- entity_name: HKHA’s DCS
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reason: Management authority of the Decoration Contractor System under the Hong Kong Housing Authority.
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