Guidelines

What documents must the officials present?

Hong Kong Competition Commission
 

• In the first place, you should ask inspectors from the Hong Kong Competition Commission (the “Commission”)  to present a legal document ("Search Warrant") granted by a judge of the Court of First Instance to enter and search specific premises for evidence. Secondly, you should then ask the inspectors to provide the official Authorisation (the “Authorisation”) under Section 47 of the Competition Ordinance (Cap. 619) which appoints an employee of the Commission as an authorised officer. Lastly, you should ask the inspectors to present proof of their identity. 
• When the inspectors present the Search Warrant, the Authorisation and their proof of identity, review these documents check very carefully and take records of the following information: 
  • Is your company the addressee? 
  • What are the names and identification numbers of the inspectors? 
  • What is the purpose and scope of the investigation as stated in the Authorisation or Search Warrant? 
  • Where can the inspectors conduct their search as specified in the Authorisation or Search Warrant? 
  •  Make a copy of the Search Warrant, the Authorisation and the identity documents of all inspectors 
• If there is no Search Warrant or Authorisation or both, object to any inspection. However, do not attempt to obstruct the execution of the Search Warrant, and in such case the inspectors may use reasonable  force (e.g. for gaining entry to the premises). Therefore cooperation is recommended but there is no need to be over-compliant to the inspectors. Follow the same procedure if the inspectors extend the scope of the investigation on the spot. 

Where and how may the officials search?

Hong Kong Competition Commission
 

• You are only obligated to passively tolerate the inspection. You are therefore not obligated to actively assist the inspection or volunteer any information that is not requested.  
• The inspection can extend to all business premises (e.g. safes, cars, IT systems or persons). You may not deny inspectors access to any such premises and/or objects but you should remind the inspector if a particular document may be outside the scope of their investigation as stated in the Authorisation or Search Warrant. 
• There should be staff to accompany and shadow each inspector while taking notes of everything that the inspector does, including where the inspector is going, any dialogue between the inspector and others, the search terms used in electronic searches etc. The accompanying staff should also keep a copy of all documents copied or removed by the inspector. The inspectors should not be left unattended in the premises at all times.  
• The inspectors are also entitled to ask questions and interview certain individuals (see below at 4.). 

What may the officials search?

Hong Kong Competition Commission

Who may be questioned by the officials and how?

Hong Kong Competition Commission
 

The inspectors are entitled to request for explanations from any person or interview persons in the premises in relation to relevant documents found on the premises. If you are requested by inspectors for the interview, you should ask whether any interview is on a compelled or voluntary basis first.