HK Competition Commission's First Prosecution For Failing To Attend Interview

Summary

In May 2025, for the first time since the enactment of the Competition Ordinance (Cap 619) ("Ordinance"), the Hong Kong Competition Commission ("Commission") prosecuted a person for failing to attend an interview before the Commission¹in the recent investigation on the Aberdeen Wholesale Fish Market ("Fish Market").

Commission's power to investigate and interview

Under section 42 of the Ordinance, the Commission's investigatory powers include the power to require a person to attend before the Commission to answer questions relating to any matter the Commission reasonably believes to be relevant to an investigation.

Under section 52 of the Ordinance, it is an offence for a person to fail to attend such an interview requested by the Commission without reasonable excuse. The maximum penalty under this offence (on indictment) is a fine of HK$200,000 and imprisonment for one year.