Office of the Communications Authority Trading Fund
Resolution of the Legislative Council
(Format changes—E.R. 2 of 2012)
Resolution made and passed by the Legislative Council under sections 3, 4 and 6 of the Trading Funds Ordinance (Cap. 430) on 10 May 1995.
Resolved that with effect from 1 June 1995—
on the recommendation of the Financial Secretary, the Office of the Telecommunications Authority Trading Fund# (the trading fund) shall be established to manage and account for the operation of the government service of the Office of the Telecommunications Authority;
the services to be provided under the trading fund shall be those specified in Schedule 1;
the assets set out in Schedule 2 shall be appropriated to the trading fund;
the net value of the assets of $212.4 million shall be shown in the Capital Investment Fund as a contribution of the trading fund capital.
| # | The Office of the Telecommunications Authority Trading Fund was renamed as the Office of the Communications Authority Trading Fund by 17 of 2011, section 25. |
| + | This paragraph ceased to apply on 1 April 2012. Please see paragraph 3 of Schedule 3 to the Office of the Communications Authority Trading Fund (Cap. 430 sub. leg. D). |
Supporting the Telecommunications Authority in administering and enforcing the provisions of the Telecommunications Ordinance (Cap. 106) and the Unsolicited Electronic Messages Ordinance (Cap. 593) as those provisions may from time to time be amended or repealed and re-enacted with or without modification, including the statutory functions relating to— (36 of 2000 s. 28; 9 of 2007 s. 63)
setting of technical standards for telecommunications;
type approval and certification of telecommunications equipment;
economic and technical regulation of the telecommunications industry;
interconnection and shared use of telecommunications networks and facilities;
controlling and administering the telecommunications numbering plan;
promotion of competition within the telecommunications industry;
protecting the interests of telecommunications users and consumers;
management of the radio spectrum;
regulation and control of harmful radio interference;
licensing of telecommunications services, networks, systems and installations;
representation of Hong Kong in public telecommunications related forums;
accounting standards, tariffs and price control of the telecommunications industry;
investigation and enforcement;
observance of the terms of international conventions;
advice to the Government; and
carrying out functions in accordance with directions by the Secretary for Commerce and Economic Development on general telecommunications policy matters. (L.N. 206 of 1998; L.N. 106 of 2002; L.N. 130 of 2007)
Performing any of the services specified in this Schedule under administrative or statutory authority, as appropriate.
Any functions that the Telecommunications Authority may be authorized to perform under or by virtue of any other Ordinance.
Any service incidental to or conducive to the provision of any of the services specified in this Schedule.
| Item | Description | Terms | |||
| 1. | Parts of the building known as Wu Chung House, namely— | The assets mentioned herein shall not be disposed of without the prior approval of the Financial Secretary. | |||
| (a) | the 29th floor; and | ||||
| (b) | that part of the 25th floor as shown in the document marked “Accommodation Plan of OFTA” dated 3 February 1995 and kept by the Director-General of Telecommunications. | ||||
| 2. | All furniture and fixtures, equipment, computer system and office cars under the control of the Office of the Telecommunications Authority on 31 May 1995, as set out in the document marked “Inventory of Furniture, Equipment and Motor Vehicle of OFTA” kept by the Director-General of Telecommunications. | ||||
| 3. | Capitalized setting-up costs. | ||||
This Schedule is added by virtue of section 25 of the Communications Authority Ordinance (Cap. 616) and has effect from the commencement of that Ordinance.
The trading fund established under paragraph (a) of the Resolution is renamed as the Office of the Communications Authority Trading Fund.
Paragraph (b) of the Resolution ceases to apply.
The services to be provided under the trading fund as renamed are as follows—
support the Communications Authority in administering and enforcing the Telecommunications Ordinance (Cap. 106), the Broadcasting (Miscellaneous Provisions) Ordinance (Cap. 391), the Broadcasting Ordinance (Cap. 562), the Unsolicited Electronic Messages Ordinance (Cap. 593) and the Communications Authority Ordinance (Cap. 616);
support and assist the Communications Authority in the performance of any functions that the Communications Authority may perform under or by virtue of any Ordinance;
administrative functions on telecommunications, broadcasting and anti-spamming matters;
any services incidental to or conducive to the provision of any of the services specified in this section.
The documents referred to in items 1(b) and 2 of Schedule 2 are to be kept by the Director-General of Communications.
The costs of setting up the Communications Authority and the Office of the Communications Authority are to be paid out of the trading fund.
To avoid doubt, the provisions of the Ordinance continue to apply to the trading fund and this Schedule as if this Schedule were added by a resolution made under the Ordinance.
(Schedule 3 added 17 of 2011 s. 25)