hklii_samples/en_cases_hkct/2022_HKCT_2/summary-fast.yml

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plaintiff:
- COMPETITION COMMISSION
defendant:
- KAM KWONG ENGINEERING COMPANY LTD
- GOLDFIELD N&W CONSTRUCTION COMPANY LTD
- PACIFIC VIEW ENGINEERING LTD
- CHAN KAM SHUI (陳金水)
- LAM PO WONG (林保旺)
jurisdiction_code: HKCT
jurisdiction_name: 香港特別行政區競爭事務審裁處
case_location:
- 香港特別行政區
case_reason: >-
The Commission petitions for penalties against Kam Kwong Engineering Company Ltd and other Responds,
case_object:
- penalties
judgment_result:
- charge: Declaration that the 3rd Respondent has contravened the First Conduct Rule (liability issue)
result: Allowed. The court agreed based on the facts not in dispute, declaring that the 3rd Respondent
has contravened the First Conduct Rule.
- charge: Declaration that the 5th Respondent was a person involved in the contravention of the First
Conduct Rule (liability issue)
result: Allowed. The court agreed based on the facts not in dispute, declaring that the 5th Respondent
was a person involved in the contravention of the First Conduct Rule.
- charge: Costs order for the 3rd and 5th Respondents (quantum issue)
result: Allowed. The court agreed that if these proceedings are disposed of summarily, an order should
be made that the 3rd and 5th Respondents pay the Commissions costs.
judgment_summary: >-
In this case, the Competition Commission (原告) sought penalties against Kam Kwong Engineering Company
Ltd and others for alleged contraventions of the First Conduct Rule under Hong Kong's competition laws.
The core issues revolved around whether the third and fifth respondents had breached the rule,1
involved_entities:
- entity_name: COMPETITION COMMISSION
reason: Applicant in the case.
- entity_name: KAM KWONG ENGINEERING COMPANY LTD (金光工程有限公司)
reason: 1st Respondent in the case.
- entity_name: GOLDFIELD N&W CONSTRUCTION COMPANY LTD (聯合金輝建築工程有限公司)
reason: 2nd Respondent in the case.
- entity_name: PACIFIC VIEW ENGINEERING LTD (豪景工程有限公司)
reason: 3rd Respondent in the case.
- entity_name: CHAN KAM SHUI (陳金水)
reason: 4th Respondent in the case.
- entity_name: LAM PO WONG (林保旺)
reason: 5th Respondent in the case.
- entity_name: Hon Harris J in Chambers
reason: Presiding judge in this case, responsible for fact-finding and adjudication.
- entity_name: G Lam J (as he then was)
reason: Judge who issued judgment on 29 April 2020 in CTEA 2/2017, cited in paragraph 34 of this judgment.
- entity_name: HKHAs DCS
reason: Management authority of the Decoration Contractor System under the Hong Kong Housing Authority.