Cap. 106 《電訊條例》Telecommunications Ordinance

In this Ordinance, unless the context otherwise requires—

For the avoidance of doubt, it is hereby declared that—

The Authority may do all things necessary to be done to perform its functions under this Ordinance.

The Secretary may issue written policy directions to the Authority pursuant to which the Authority is to carry out its functions and exercise its powers.

In exercising its powers under this Ordinance, the Authority when— (Amended 17 of 2011 s. 28)

A policy direction issued under subsection (2) may include a direction not to issue, before a date specified in the direction, any new licence of a type which may be issued under section 7(5).

A policy direction issued under subsection (2) shall be published in the Gazette as soon as practicable after its issue.

Subject to subsection (4), the Authority may, for the purpose of providing practical guidance in respect of any provisions of this Ordinance, issue such guidelines as in its opinion are suitable for that purpose. (Amended 17 of 2011 s. 28)

Without prejudice to the generality of subsection (1), the Authority shall, as soon as is practicable, issue guidelines—

(Repealed 14 of 2012 s. 176)

Without prejudice to the generality of section 6C, the Authority shall, before issuing guidelines under subsection (2)(b), carry out such consultation—

as is reasonable in all the circumstances of the case.

Without prejudice to the generality of section 6C, the Authority shall, before issuing any guidelines—

Subject to Part 3A, the Chief Executive in Council may, for an exclusive licence under this Ordinance— (Amended E.R. 2 of 2012)

The Secretary may by regulations prescribe—

Before making a regulation under subsection (2), the Secretary shall—

The Secretary may by order published in the Gazette amend Schedule 1. (Amended 30 of 2003 s. 4)

The Authority may issue a licence other than an exclusive licence.

For licences other than exclusive licences and carrier licences, the Authority may determine—

Without limiting the general nature of the conditions that may be prescribed for or attached to a licence, the conditions may relate to—

The Authority shall publish in the Gazette the form of a licence it issues together with the general conditions to be imposed under the licence. (Amended 17 of 2011 s. 28)

The Authority shall maintain a register of licences and general conditions it publishes in the Gazette. (Amended 17 of 2011 s. 28)

The Authority may authorize the provision of ancillary and associated services under a licence and, where such services are so authorized, the licence shall be deemed to be granted in respect of those services.

Where the Authority refuses to issue a licence to a person, it shall provide to the person its reasons in writing for the refusal. (Amended 17 of 2011 s. 28)

Where a licence which may be issued under subsection (5) relates to the use of spectrum which under section 32I is subject to the payment of spectrum utilization fee—

then the Authority may, in determining applications for the licence, regard the fees, if any, arising or resulting from that method as a determining factor in relation to those applications. (Added 12 of 2001 s. 2)

The Secretary may by notice published in the Gazette specify a licence as a non-carrier licence.

A notice published under subsection (1) is not subsidiary legislation.

In this section—

A class licence gives a person the right to carry on the activities specified in the class licence that are prohibited under section 8(1) except under a licence subject to the conditions of the class licence.

The Authority may create a class licence for telecommunications networks, systems, installations or services.

Before creating a class licence, the Authority shall—

The Authority shall not create a class licence—

The Authority shall ensure that a class licence is consistent with any general policy directions issued by the Secretary and any regulations made under this Ordinance.

The Authority shall publish a class licence in the Gazette specifying—

Without limiting the general nature of the conditions that may be prescribed for or attached to a licence, the Authority may include in the conditions for a class licence—

The Authority may vary the conditions of a class licence by notice in the Gazette.

The Authority may in varying a class licence—

The Authority shall not vary a class licence so that it is inconsistent with—

Before varying a class licence, the Authority shall by notice in the Gazette—

A person may make representations to the Authority on the proposed variation to the class licence not later than the date set out in the notice in the Gazette.

Before varying a class licence, the Authority shall consider all representations made by any person.

The Authority may vary a class licence if the requirements of this section are substantially complied with.

The Authority shall keep a register of the types of class licences it has created. (Amended 17 of 2011 s. 28)

For those class licences that specify that the licensee shall be registered with the Authority, the Authority shall keep a register of the registered licensees.

The Authority shall keep the registers available for public inspection during the normal business hours of the Authority.

The Authority may issue a permit to a person to carry out an activity prohibited under section 8 for a period not exceeding 6 months—

The Authority may issue a permit subject to conditions necessary or desirable for the regulation of telecommunications under this Ordinance.

A licensee shall publish its tariffs in accordance with the requirements of its licence or directions issued in writing by the Authority.

A licensee shall include in the published tariffs the terms on which the telecommunications service is provided including—

A carrier licensee shall not, without the Authority’s prior written consent, combine a number of telecommunications services into a single tariff without offering to its customers the services separately at individual tariffs.

The Authority may require a carrier licensee to provide a telecommunications service, which the licensee includes in a tariff for a combination of a number of telecommunications services, separately at a specified single tariff.

A person who provides or offers a public telecommunications service shall supply the Authority in the manner and at the times the Authority requests the information relating to its business that the Authority may reasonably require to perform its functions, or exercise its powers, in order to ensure the person’s compliance with the provisions of this Ordinance, licence conditions, and the determinations and directions of the Authority, applicable to the person. (Amended 17 of 2011 s. 28)

A person shall not refuse to supply information reasonably requested under subsection (1) on the basis that the information is the subject of a confidentiality agreement that prevents the person from releasing the information.

The Authority may disclose information supplied to it under this section subject to the requirement in subsection (4) and if the Authority considers that it is in the public interest to disclose that information. (Amended 17 of 2011 s. 28)

The Authority shall give the person supplying the information a reasonable opportunity to make representations on a proposed disclosure of information obtained under this section before the Authority makes a final decision to disclose the information if the Authority considers that the disclosure—

For the avoidance of doubt, it is hereby declared that where a person supplies information reasonably requested under subsection (1) notwithstanding that the information is the subject of a confidentiality agreement with another person that prevents the first-mentioned person from releasing the information, the first-mentioned person shall not be liable for any civil liability or claim whatever in respect of the supply of that information contrary to that agreement.

Nothing in this section shall require a person to supply information which the person could not be compelled to give in evidence, or produce, in civil proceedings before the Court of First Instance.

The Authority may, on giving reasonable prior written notice to a licensee, enter and inspect the offices, premises and places in Hong Kong where the licensee has installed a facility (including equipment associated with the facility), or used for providing services, to verify that the licensee is complying with the licence conditions.

A licensee shall provide and maintain, up to the reasonable technical standards set by the Authority, facilities to enable the Authority to inspect, test, read or measure, as the case may require, any telecommunications installations, equipment (including but not limited to testing instruments), premises or places used or to be used for the installation of a telecommunications facility or the provision of a telecommunications service.

A licensee may, at its option, and shall, on the prior written request of the Authority, and subject to the Authority giving reasonable prior written notice, provide a representative to be present at any inspection, testing, reading or measurement by the Authority.

The Authority may, on giving reasonable prior written notice to a licensee, direct the licensee to demonstrate that a telecommunications installation complies with the technical requirements imposed under this Ordinance and regulations made under this Ordinance or any other directions that the Authority issues under this Ordinance or regulations made thereunder.

A licensee shall provide adequate testing instruments and operating staff for the purposes of this section and otherwise comply with the directions of the Authority under this section.

The Authority shall not exercise its power under subsection (1) in respect of any office, premises or place in such a way as to disrupt any operations being carried on therein— (Amended 17 of 2011 s. 28)

A licensee in a dominant position in a telecommunications market must not engage in conduct that in the opinion of the Authority is exploitative.

A licensee is in a dominant position if, in the opinion of the Authority, it is able to act without significant competitive restraint from its competitors and customers.

In considering whether a licensee is dominant, the Authority must take into account relevant matters including, but not limited to—

Without limiting subsection (1), the Authority may consider the following conduct to be exploitative—

for or in relation to the provision of interconnection of the type referred to in section 36A(3D).

Save under and in accordance with a licence granted by the Chief Executive in Council or with the appropriate licence granted or created by the Authority, a person must not in Hong Kong or on board any ship, aircraft or space object that is registered or licensed in Hong Kong— (Amended 39 of 1990 s. 3; 74 of 1990 s. 104(3); 36 of 2000 s. 5; 4 of 2024 ss. 5 & 9)

For the purpose of subsection (1)(aa), a person is to be regarded as offering a telecommunications service if—

For the avoidance of doubt, it is hereby declared that the fact that the person from whom any apparatus for telecommunications is loaned, leased or hired, or the person maintaining a means of telecommunications of which other apparatus forms part or with which other apparatus is connected, is the holder of a licence granted under this Ordinance, does not exempt the person to whom the apparatus is loaned, leased or hired, or the person maintaining, possessing or using the apparatus forming part of, or connected with, such means of telecommunications, as the case may be, from the necessity to obtain such licence or licences as may be required under this Ordinance. (Amended 36 of 2000 s. 28)

(Repealed 40 of 1995 s. 7)

Notwithstanding anything contained in subsection (1), no licence shall be required under that subsection in respect of—

Notwithstanding anything contained in subsection (1)(b), no licence shall be required for possession of radiocommunications transmitting apparatus if such apparatus is an article the import or export of which is exempted under section 9A, 9B or 9C. (Added 33 of 2003 s. 3)

Section 9 does not apply in relation to radiocommunications transmitting apparatus that is air transit cargo or air transhipment cargo; but if at any time between its being brought into and taken out of Hong Kong such apparatus is removed from the cargo transhipment area of Hong Kong International Airport then, for the purposes of section 9— (Amended 36 of 2000 s. 6)

and, except to that extent, that section has effect as if this subsection had not been enacted.

In proceedings against a person for an offence under section 21, being proceedings—

it is a defence for the person to show that he took all reasonable steps and exercised reasonable diligence to avoid such removal occurring or that he reasonably believed that such removal had not occurred, as the case may be.

Where in any proceedings the defence provided by subsection (3) involves an allegation that the commission of the offence was due to—

the defendant is not, without the leave of the court, entitled to rely on the defence unless, not less than 10 days before the hearing of the proceedings, he has served a notice in writing on the prosecutor giving all particulars of—

of which he is aware at the time he serves the notice.

A person is not entitled to rely on the defence provided by subsection (3) by reason of his reliance on information supplied by another person, unless he shows that it was reasonable in all the circumstances for him to have relied on the information, having regard in particular to—

(Repealed 33 of 2003 s. 3)

Subject to subsection (2), section 9 does not apply in relation to radiocommunications transmitting apparatus that is transhipment cargo other than air transhipment cargo exempted under section 9A if—

Section 9 shall have effect as if subsection (1) had not been enacted if any person—

Save as otherwise provided in this section, no radiocommunications apparatus on board a vessel (other than a ship of war) shall be used while the vessel is in the waters of Hong Kong notwithstanding that a licence, whether granted under this Ordinance or under the law of any other territory, is in force in respect of such apparatus.

When a vessel is under way in the waters of Hong Kong, radiocommunications apparatus on board the vessel may be used to communicate on minimum power with the nearest coast station, or, if communication with the nearest coast station is impracticable and the safe navigation of the vessel so requires, with a more distant coast station or another vessel. (Amended 69 of 1983 s. 3)

Radiocommunications apparatus on board a vessel that is in the waters of Hong Kong may be used, for the purpose of summoning assistance on an occasion of danger to the life of any person or to the vessel, to communicate with the nearest coast station or, if communication with the nearest coast station is impracticable, with a more distant coast station or another vessel. (Amended 36 of 2000 s. 7)

Where a person has been granted a licence for the purposes of section 8(1) to possess or use any apparatus for radiocommunications upon any vessel he may, subject to the terms of his licence, use such apparatus in the waters of Hong Kong for communication with the base station of the radiocommunications system of which the vessel is a mobile station or with another mobile station of that system.

Apparatus for radiocommunications upon any vessel may be used to communicate with a signal station as defined for the purposes of the Shipping and Port Control Ordinance (Cap. 313), or any other station in connection with— (Amended 36 of 2000 s. 28)

Provided that nothing in this subsection shall authorize any such apparatus to be used contrary to the provisions of the Shipping and Port Control Ordinance (Cap. 313) or other provision of law regulating the use of such apparatus.

Subject to the terms of any licence relating thereto granted in or outside Hong Kong, a ship earth station may be used to communicate with any coast earth station by means of the maritime mobile satellite service provided by Inmarsat subject to the following conditions— (Amended 36 of 2000 s. 7)

With the permission in writing of the Authority, radiocommunications apparatus on board a vessel in the waters of Hong Kong may be used for such period and for such purposes as the Authority may permit and, without derogation from the generality of the foregoing, such purposes may include the demonstration of any apparatus, tests in connection with the commissioning of any vessel and use in connection with any event.

Nothing in this section shall apply to the proper operation of—

For the purposes of this section—

Save as otherwise provided in this section, no radiocommunications apparatus on board an aircraft shall be used while the aircraft is at any aerodrome in Hong Kong, except for the purposes of air traffic control and air navigation or for testing prior to flight of the apparatus used for air traffic control and air navigation purposes, notwithstanding that a licence, whether granted under this Ordinance or the law of any other territory, is in force in respect of such apparatus.

With the permission in writing of the Authority, radiocommunications apparatus on board an aircraft that is at an aerodrome in Hong Kong may be used in the carrying out of experimental tests.

The Authority may permit the use, on such occasions or for such period as it specifies, of radiocommunications apparatus on board an aircraft that is at an aerodrome in Hong Kong. (Amended 17 of 2011 s. 28)

Where, in the opinion of the Chief Executive, an emergency has arisen in which it is expedient for the public service that the Government should have control over telecommunications stations, the Chief Executive, by warrant under his hand, may direct or cause such telecommunications stations as are specified in the warrant to be taken possession of and to be used for the service of the Government, and, subject thereto, for such ordinary service as may seem fit; or may direct and authorize such persons as he thinks fit to assume control of such telecommunications stations as he may specify and in such manner as he may direct.

Any such warrant must not have effect for a longer time than one week from the issuing thereof, but the Chief Executive may issue successive warrants from week to week as long as, in his opinion, such emergency continues.

The Government shall pay to the owner of any telecommunications station taken possession of under this section, as compensation for any loss of profit sustained by the company by reason of the exercise of the powers conferred by this section such sum as may be agreed between the Government and the owner by agreement or in case of difference, by arbitration.

For the purposes of this Part—

For the purposes of this Part a person exercises control of a company or corporation if he—

A person shall not be a disqualified person in relation to a corporation that is a licensee by reason only that he holds office in, or is the beneficial owner of more than 15% of the voting shares in, that corporation.

Any corporation complying with section 13F may apply to the Authority in such form as the Authority may determine, for a licence to establish and maintain a broadcasting service. (Amended 3 of 2010 s. 2)

An application made under subsection (1) may be entertained only if the Authority is satisfied that— (Amended 17 of 2011 s. 28)

If the Authority is not satisfied as to any of the matters specified in subsection (2)(a) and (b), it must inform the applicant in writing of this fact. (Added 3 of 2010 s. 2)

If, in relation to an application made under section 13B, the Authority is satisfied as to the matters specified in section 13B(2), it must consider the application and make recommendations thereon to the Chief Executive in Council. (Amended 3 of 2010 s. 3; 17 of 2011 s. 28; 4 of 2024 s. 5)

Having considered the recommendations made under subsection (1) in respect of an application for a licence to establish and maintain a broadcasting service, the Chief Executive in Council may grant a licence to the applicant and such licence is, without prejudice to this Ordinance or the Broadcasting (Miscellaneous Provisions) Ordinance (Cap. 391), to be subject to the payment of such fee, royalty or other charge whatsoever, whether annual or otherwise, and to such terms and conditions as the Chief Executive in Council may specify in the licence. (Amended 17 of 2011 s. 28; 4 of 2024 ss. 5 & 9)

Without prejudice to the generality of subsection (2), a licence may include—

In exercising the discretion whether to grant a licence under subsection (2), the Chief Executive in Council must have regard to the following matters—

In determining whether a person is a fit and proper person for the purposes of subsection (4)(a), account must be taken of—

The Chief Executive in Council may, by order published in the Gazette, prescribe additional matters to which the Chief Executive in Council must have regard in exercising the discretion whether to grant a licence under subsection (2). (Added 3 of 2010 s. 3)

The Authority may issue and publish by notice in the Gazette, for the guidance of corporations seeking to become licensees, guidelines not inconsistent with this Part, indicating the manner in which it proposes to perform its functions under sections 13B(2) and 13C(1), including the criteria for making recommendations and other relevant matters it proposes to consider. (Amended 17 of 2011 s. 28)

(Repealed 17 of 2011 s. 28)

A licence is to be— (Amended 4 of 2024 s. 9)

An order made by the Chief Executive in Council under subsection (1)(a) or (b) must be published in the Gazette.

Not less than 15 months before the date for any renewal of a licence under section 13D(1)(b) or such shorter period as the Chief Executive in Council may permit, the Authority must submit recommendations to the Chief Executive in Council concerning the renewal of the licence and the terms and conditions to be imposed. (Amended 17 of 2011 s. 28; 4 of 2024 ss. 5 & 9)

Having considered the recommendations submitted under subsection (1), the Chief Executive in Council may— (Amended 4 of 2024 s. 5)

Notice of a decision to refuse to renew a licence must be given to the licensee concerned at least 12 months prior to the relevant date for renewal of the licence. (Amended 4 of 2024 s. 9)

Where it is necessary for the due compliance with this section the Chief Executive in Council may extend the term of any licence. (Amended 4 of 2024 s. 5)

Subject to subsection (2) and section 13H(2)(b), a disqualified person, other than a person in respect of whom the reason for his being a disqualified person was disclosed in the application for a licence, must not exercise control of a corporation that is a licensee. (Amended 4 of 2024 s. 9)

Notwithstanding subsection (1), the Chief Executive in Council may grant a licence to a corporation— (Amended 4 of 2024 s. 5)

and the licence may contain such conditions relating to the disqualified person and to the control exercised by him as the Chief Executive in Council may impose under section 13C. (Amended 4 of 2024 s. 5)

Subject to subsection (2), a disqualified person who exercises control of a corporation that is a licensee must not augment the basis of such control— (Amended 4 of 2024 s. 9)

On the application of a licensee that is a corporation the Chief Executive in Council may, if he is satisfied that the public interest so requires, permit— (Amended 4 of 2024 s. 5)

The aggregate of the voting shares in a licensee to or in which unqualified persons have, directly or indirectly, any right, title or interest, shall not at any time exceed 49% of the total number of voting shares in the licensee.

Subsection (1) applies to voting shares in a licensee where the voting rights carried by such shares are for the time being exercisable as regards any question or other matter whatsoever which may be determined by a poll at general meetings of the licensee.

For the purposes of this section, a corporation established or incorporated by Ordinance shall be regarded as being a company that is ordinarily resident in Hong Kong if (but only if) for the time being—

For the purposes of this section, where any one or more of 2 or more persons having a joint right, title or interest to or in voting shares is or are unqualified persons, then the unqualified person or persons shall be regarded as having the entire right, title or interest to the exclusion of any other person.

Except with the consent of the Authority, any right, title or interest to or in shares exceeding in the aggregate 15% of the total number of voting shares in a licensee as at the date of the grant of the licence to the licensee may not be transferred or acquired, directly or indirectly, within the period of 3 years following the date of the grant of the licence to the licensee. (Amended 17 of 2011 s. 28)

Any transaction, settlement, agreement or understanding the effect of which would but for this subsection, constitute a contravention of subsection (1) is void.

Any person exercising or purporting to exercise any right to dispose of or acquire any right, title or interest to or in voting shares referred to in subsection (1) where the result of such disposition or acquisition would to his knowledge, but for subsection (2), constitute a contravention of subsection (1) commits an offence and is liable to a fine at level 6. (Amended E.R. 2 of 2012)

Nothing in this section shall apply to—

Where any transaction, settlement, agreement or understanding (whether having legal effect or not) has been entered into, the effect of which is to constitute a contravention of section 13G, 13H, or 13I, the Authority may with respect to the voting shares which are the subject of the transaction, settlement, agreement or understanding in question— (Amended 17 of 2011 s. 28)

Where a notice under subsection (1)(b) is served on a person, the person may apply to the Authority for an extension, or a further extension, of the period within which the requirements of the notice are to be complied with. (Amended 17 of 2011 s. 28)

Where an application is made under subsection (2) the Authority shall only grant an extension or further extension if it is satisfied that, having regard to the circumstances of the case, the application is reasonable. (Amended 17 of 2011 s. 28)

Where a notice under subsection (1) is served on a person, but subject to subsections (2) and (3), the person shall comply with the requirements of the notice.

Subject to subsections (2) and (3), any person who fails to comply with requirements of a notice served on him under subsection (1)(b) within the time specified in the notice (or such extended time as may be allowed under subsection (2)) commits an offence and is liable to a fine at level 6, and for every day during which such offence continues after conviction therefor to a fine of $2,000. (Amended E.R. 2 of 2012)

A licensee who knowingly allows voting rights to be exercised at any general meeting in the case of shares which are the subject of a notice served on him under subsection (1)(a) commits an offence and is liable to a fine at level 6. (Amended E.R. 2 of 2012)

A resolution passed at a general meeting of the licensee shall not be invalid by reason only that voting rights in respect of which a notice served under subsection (1)(a) is still in force have been exercised.

Any royalty payable by a licensee pursuant to any licence and owing to the Government shall be recoverable by the Government as a civil debt in any court of competent jurisdiction.

A certificate in writing purporting to be made under the hand of the Financial Secretary to the effect that any royalty payable under a licence is owing to the Government shall be prima facie evidence of that fact.

A licensee shall not broadcast any programme, advertisement, announcement or other material, or any part thereof, that is likely to—

Where the Chief Secretary for Administration reasonably believes that the broadcasting of any programme, advertisement, announcement or other material, or any part thereof, would contravene the provisions of subsection (1), he may apply to the Court of First Instance for an order under this section. (Amended L.N. 362 of 1997)

An application under subsection (2) in the case of urgency may be made for an interim order ex parte on affidavit but otherwise such application shall be made by motion or summons.

On an application under subsection (2), the Court of First Instance may, by order, where it is satisfied that the broadcasting of any programme, advertisement, announcement or other material, or any part thereof, would contravene the provisions of subsection (1), prohibit the broadcasting of the whole or any part of that programme, advertisement, announcement or other material and require any person who in the opinion of the Court would be knowingly involved in such contravention to take such steps as the Court may direct in order to give effect to the prohibition.

On an application under subsection (2), the Court of First Instance may, by order, require the licensee or any other person referred to in subsection (4) to produce to the Court such material within their possession or control as relates to the programme, advertisement or announcement.

Any material produced under subsection (5) shall not be admissible in any criminal proceedings against the licensee, or person, producing it.

A person shall not under this section be required to furnish any material relating to items subject to legal privilege.

Subject to subsection (9), rules of court shall provide for—

The power to make rules of court under section 54 of the High Court Ordinance (Cap. 4) shall include the power to make rules of court for the purposes of this section.

The jurisdiction of the Court of First Instance under this section may not be exercised by the Registrar or a master of that Court.

The Chief Executive in Council may, for the purpose of securing compliance with this Part, make regulations— (Amended 4 of 2024 s. 5)

Without prejudice to the generality of subsection (1) regulations made under this section may—

Regulations made under this section may provide that a contravention of specified provisions thereof shall be an offence punishable by a fine not exceeding level 6. (Amended E.R. 2 of 2012)

The Authority, and any licensee authorized by the Authority either generally or for any particular occasion, may place and maintain a telecommunications line, and such posts as may be necessary, in, over or upon any land or seabed and may enter upon the land or seabed for the purpose of site inspection, or other activities for or incidental to placement and maintenance of a telecommunications line, subject— (Amended 36 of 2000 ss. 8 & 28)

Despite any other law, a licensee authorized by the Authority either generally or for any particular occasion may do either or both of the following—

Notwithstanding any other law, any licensee authorized by the Authority for any particular occasion may do either or both of the following— (Amended 4 of 2024 s. 3)

The Authority must not grant an authorization referred to in subsection (1A)— (Amended 4 of 2024 s. 3)

Paragraph (a) of subsection (1) applies to subsection (1A) land as it applies to land referred to in subsection (1). (Added 36 of 2000 s. 8)

Where subsection (1A) is applicable—

In exercising the powers conferred by subsection (1), (1AA) or (1A), as the case may be, the Authority or the licensee, as the case may be, must— (Amended 4 of 2024 s. 3)

and—

So far as may be necessary for the due exercise of the powers conferred by subsection (1), (1AA) or (1A), as the case may be, the Authority or the licensee, as the case may be, may alter the position of any pipe or wire, other than a water, gas or electric main, if— (Amended 36 of 2000 s. 8; 4 of 2024 s. 3)

The Authority, or a licensee authorized by the Authority under subsection (1), (1AA) or (1A), as the case may be, may apply to a magistrate for an order that a person must not prevent or obstruct the Authority or the licensee, as the case may be, from exercising the powers conferred by that subsection. (Added 36 of 2000 s. 8)

Where subsection (1A) is applicable—

In any arbitration proceedings for the purposes of subsection (5)(b)—

Where in any arbitration proceedings for the purposes of subsection (5)(b)—

then the arbitrator may determine that matter in any manner fair and reasonable in all the circumstances of the case and not inconsistent with the authorization concerned referred to in subsection (1A). (Added 36 of 2000 s. 8)

In a determination referred to in subsection (5)(b), the arbitrator must— (Amended 4 of 2024 s. 3)

In this section, a building is a specified building (指明建築物) if—

but a specified building does not include a building, or any part of it, for the exclusive occupation or use of any person whilst the building or part is being so occupied or used. (Added 4 of 2024 s. 3)

In this section ——

For the avoidance of doubt, it is hereby declared that—

Where any dispute arises as to—

the dispute shall be referred to and determined by the District Court.

For the purposes of this section, a dispute shall be deemed to have arisen where a claimant or the Authority or the licensee, as the case may be, has served notice of intention to refer the dispute to the District Court upon all other parties to the dispute, and the party who has served notice as aforesaid shall, within 2 months thereafter, refer the dispute to the District Court by notice served upon a deputy registrar of the Court giving particulars of the matter in dispute between the parties, and a copy of the last-mentioned notice shall, within the said period, be served upon all other parties.

The District Court may order that the costs incurred by any party in proceedings before it under this section shall be paid by any other party, and may tax or settle the amount of any costs to be paid under any such order, or may direct the manner in which they are to be taxed.

The Chief Justice may, subject to this Ordinance, make rules for regulating proceedings before the District Court under this section.

Where any person desires to use land or seabed in a way that makes it necessary to remove to another part of the land or seabed a telecommunications line, post or radiocommunications installation maintained by the Authority or a licensee in, over or upon the land or seabed under section 14 or to alter such telecommunications line, post or radiocommunications installation in any way, he may by written notice served upon the Authority or licensee, as the case may be, require the removal or alteration of the telecommunications line, post or radiocommunications installation and such requirement shall not be unreasonably refused by the Authority or licensee, as the case may be. (Replaced 36 of 2000 s. 9)

Any expenses incurred by the Authority or the licensee in complying with a requirement under subsection (1) may be recovered from the person who made the requirement.

If a tree standing or lying near a telecommunications line or radiocommunications installation interrupts, or is likely to interrupt telecommunications, a magistrate may, upon application by the Authority or the licensee concerned, as the case may be, order the tree to be removed or otherwise dealt with in such a way as to prevent the interruption, or the likelihood of the interruption, of telecommunications and, if the tree was in existence at the time the telecommunications line or radiocommunications installation was placed in, over or upon the land, may order the Authority or the licensee, as the case may be, to pay to the owner of the tree such sum by way of compensation as he thinks reasonable. (Amended 36 of 2000 ss. 10 & 28)

Any order of a magistrate in proceedings under subsection (1) shall be final.

Any person who proposes to carry out on any land or seabed work that may affect a telecommunications line or radiocommunications installation maintained by the Authority or a licensee in, over, upon or near the land or seabed shall give to the Authority or the licensee, as the case may be, notice in writing of his intention to carry out the work.

All reasonable precautions shall be taken in the carrying out of such work to prevent damage to any telecommunications line or radiocommunications installation in, over, upon or near the land or seabed, and the Authority or the licensee, as the case may be, may recover from the person on whose behalf the work is carried out any expenses incurred in making good any damage to a telecommunications line or radiocommunications installation caused by a failure to take such precautions.

In any proceedings under subsection (2) for the recovery of the expenses incurred by the Authority or the licensee, it shall be presumed, until the contrary is proved, that the work was carried out on behalf of the owner of the land or seabed.

A person must not carry out, or cause or permit another to carry out, any work below ground level near an underground telecommunications line, unless the person takes, before the work begins, all reasonable steps to ascertain—

If a person carries out, or causes or permits another to carry out, any work below ground level at a work site within which, or near which, an underground telecommunications line exists, the person must ensure that all reasonable measures are taken to prevent—

arising from the work.

A term in a lease agreement, deed of mutual covenant or commercial contract that, in all the circumstances of the case, unreasonably restricts the right of a resident or occupier, or deprives a resident or occupier of the right, to have access to the public telecommunications services of his choice is void on and after the day on which this section comes into operation to the extent only that it imposes such restriction.

Subsection (1) shall apply to any agreement, deed or contract entered into before, on or after the day on which this section comes into operation*.

A person who contravenes section 18A(1) commits an offence and is liable on conviction to a fine at level 4 and to imprisonment for 6 months.

A person who contravenes section 18A(2) commits an offence and is liable on conviction—

and, in the case of a continuing offence, to a further fine of $10,000 for every day during which the offence continues.

In proceedings against a person for an offence under subsection (1), it is for the person to show that the person took, before the work began, all reasonable steps to ascertain—

For the purposes of subsection (3), if the person shows that the person complied with an operative guideline relating to taking reasonable steps as referred to in section 18A(1), the person is taken to have shown that the person took all reasonable steps.

In proceedings against a person for an offence under subsection (2), it is a defence for the person to show that the person complied with an operative guideline relating to taking reasonable measures as referred to in section 18A(2).

Also, it is a defence for the person charged with an offence under subsection (2) to show that—

This section applies in relation to criminal proceedings before a magistrate or a court in which a person is alleged to have committed an offence under section 22A(1) or (2).

A provision of an operative guideline that appears to the magistrate or the court to be relevant to the alleged offence is admissible in evidence in the proceedings.

Also, if—

the prosecution may rely on the failure as tending to prove the matter.

However, subsection (3) does not apply if the person shows that, for the matter referred to in subsection (3)(a), a requirement alleged to have been contravened was complied with other than by complying with the provision of the operative guideline.

A telecommunications officer, or any person who, though not a telecommunications officer, has official duties in connection with a telecommunications service, who— (Amended 36 of 2000 s. 28; 9 of 2007 s. 63)

shall be guilty of an offence and shall be liable on summary conviction to a fine at level 4 and to imprisonment for 2 years. (Amended 18 of 1994 s. 7; E.R. 2 of 2012)

This section does not apply to any act done by a telecommunications officer, or any person who, though not a telecommunications officer, has official duties in connection with a telecommunications service, for the purpose of—

Any person who, by telecommunications, knowingly causes a computer to perform any function to obtain unauthorized access to any program or data held in a computer commits an offence and is liable on conviction to a fine at level 4. (Amended 36 of 2000 s. 28; E.R. 2 of 2012)

For the purposes of subsection (1)—

Subsection (1) has effect without prejudice to any law relating to powers of inspection, search or seizure.

Notwithstanding section 26 of the Magistrates Ordinance (Cap. 227), proceedings for an offence under this section may be brought at any time within 3 years of the commission of the offence or within 6 months of the discovery of the offence by the prosecutor, whichever period expires first.

The Authority may prescribe standards and specifications of—

in pursuit of the following objectives—

Without prejudice to the generality of section 6C, before prescribing the standards and specifications under subsection (1), the Authority shall carry out such consultation with the telecommunications industry as is reasonable in all the circumstances of the case.

All powers and privileges relating to or connected with the numbering plan, including its ownership and control, are vested in the Authority.

The Authority shall promote the efficient and equitable allocation and use of numbers and codes in the numbering plan.

The Authority may—

The Authority may issue directions in writing to require a licensee or a person who is exempted from licensing under section 39 to—

The Secretary may by regulation—

The amount of any fees prescribed under subsection (5) need not be limited by reference to the amount of administrative or other costs incurred or likely to be incurred in relation to the allocation, assignment, lease or sale of a number or code.

The Authority shall promote the efficient allocation and use of the radio spectrum as a public resource of Hong Kong.

Without prejudice to the generality of section 6C, before exercising its powers under sections 32H(2)(a) and (b) and 32I(1), the Authority shall carry out such consultation with— (Amended 17 of 2011 s. 28)

as is reasonable in all the circumstances of the case.

The Authority may assign—

and shall keep a central register of the frequencies, bands of frequencies and satellite orbital positions and parameters assigned.

The Authority may—

Subject to subsection (4), the Authority may vary or withdraw frequencies, bands of frequencies or satellite orbital positions or parameters assigned, or vary the purposes for which and the conditions under which the frequencies, bands of frequencies or satellite orbital positions or parameters are to be used.

The Authority may only exercise its authority under subsection (3) if the Authority has given reasonable notice of the intended variation or withdrawal to the licensee which has been assigned the relevant frequency, band of frequency or satellite orbital position or parameter.

A person shall not, in Hong Kong or on board any ship, aircraft or space object that is registered or licensed in Hong Kong, use a frequency in any part of the radio spectrum unless the frequency is assigned, or located within a band of frequencies assigned, by the Authority or the use is for the purpose and in compliance with the conditions specified by the Authority.

Where an assignment which may be made under subsection (1) relates to the use of spectrum which under section 32I is subject to the payment of spectrum utilization fee—

then the Authority may, in determining applications for the assignment, regard the fees, if any, arising or resulting from that method as a determining factor in relation to those applications. (Added 12 of 2001 s. 3)

Subject to the consultation requirement under section 32G(2), the Authority may by order designate the frequency bands in which the use of spectrum is subject to the payment of spectrum utilization fee by the users of the spectrum.

The Secretary may by regulation prescribe—

A spectrum utilization fee may be calculated on the basis of a royalty or any other basis that includes an element in excess of the simple recovery of the cost of providing a service by the Authority.

Without prejudice to the generality of subsections (2) and (3), the power of the Secretary under subsection (2)(b) to make a regulation prescribing a method for determining spectrum utilization fee shall also include the power to make a regulation to provide for all or any of the following—

Without prejudice to the generality of subsection (4)(b)(ii), the terms and conditions of an auction or tender which may be specified in a notice under that subsection may include terms and conditions relating to all or any of the following—

Without prejudice to the generality of any other ground on which the Authority may exercise the power mentioned in subsection (5)(g)(ii), the Authority shall not exercise that power pursuant to a complaint alleging that there is a ground for the exercise of the power except such a complaint made—

Notwithstanding any other provision of this Ordinance, the Authority shall have all necessary powers to enforce the terms and conditions of an auction or tender which may be specified in a notice under subsection (4)(b)(ii). (Added 12 of 2001 s. 4)

Any spectrum utilization fee paid pursuant to this section shall be paid into the general revenue. (Added 12 of 2001 s. 4)

It is declared that—

A spectrum utilization fee (including any part thereof) owing to the Government shall be recoverable by the Government as a civil debt. (Added 12 of 2001 s. 4)

Without prejudice to the generality of subsection (4)(a), in this section (including subsection (3))—

A person shall not knowingly, and without lawful excuse, use an apparatus, whether or not it is an apparatus for telecommunications, in a manner that causes direct or indirect harmful interference with any telecommunications service lawfully carried on, or other apparatus for telecommunications lawfully operated, in or outside Hong Kong.

The Authority may, by notice in writing, direct a person possessing an apparatus, whether or not it is an apparatus for telecommunications, to take such measures as the Authority specifies and within the time directed to prevent the interference specified in the notice.

A person who contravenes subsection (1) or fails to comply with the direction in subsection (2) commits an offence and shall be liable on summary conviction to a fine at level 5 and to imprisonment for 6 months.

The Authority may, by order, specify the limits of conducted or radiated interference from any apparatus which is not subject to the licensing requirement under section 8, to prevent harmful interference with telecommunications networks, systems, installations or services.

The powers of the Authority under Part 5A extend to the apparatus mentioned in subsection (4). (Amended E.R. 2 of 2012)

The Authority may require an apparatus mentioned in subsection (4) to be submitted to the Authority for testing to verify whether the apparatus complies with the limits specified by the Authority under that subsection.

A magistrate may, if he is satisfied by information on oath that—

and in either case has been unreasonably refused, issue a warrant empowering the Authority, or an authorized officer, to enter and search the premises, vehicle, aircraft or vessel specified in the warrant and to examine, test and confiscate any apparatus found on or in the premises, vehicle, aircraft or vessel.

The Authority may conduct an examination of the competence of a person in the operation of a particular class of apparatus for radiocommunications.

The Authority may issue a certificate of competency to a person whom it considers suitably qualified to certify that the person is competent in the operation of a particular class of apparatus for radiocommunications and may revoke the certificate issued if it considers that the person holding the certificate is no longer competent in the operation. (Amended 17 of 2011 s. 28)

A condition of a licence under this Ordinance may require that a particular radiocommunications station or a class of radiocommunications stations must be operated only by persons with the appropriate authority to operate issued by the Authority.

The Authority may issue an authority to operate to a person whom it considers fit to authorize that person to hold the position in a particular radiocommunications station or a class of radiocommunications stations. (Amended 17 of 2011 s. 28)

The Authority may suspend or revoke such an authority to operate issued if it considers the person holding the authority to operate is no longer fit to hold the position in the radiocommunications station or class of radiocommunications stations concerned. (Amended 17 of 2011 s. 28)

The Authority may by order provide for the examination of persons in connection with the operation of apparatus for radiocommunications, the issue and revocation of certificates of competency in the operation of apparatus for radiocommunications and the issue, suspension and revocation of authority to operate to hold positions in radiocommunications stations and the fees payable in respect of such examination, certification and authorization.

An appeal board is established with the name “Telecommunications Appeal Board” in English and “電訊上訴委員會” in Chinese. (Replaced 38 of 2021 s. 11)

Subject to subsections (3) and (4), the Chief Executive shall appoint a person to be the Chairman of the Appeal Board and such other persons as he thinks fit to be Deputy Chairmen of the Appeal Board.

A person shall not be appointed under subsection (2) unless the person is eligible to be appointed a judge of the High Court under section 9 of the High Court Ordinance (Cap. 4).

Subject to subsections (7) and (8), the Chairman and a Deputy Chairman shall each be appointed for a term of not more than 2 years but may be reappointed.

The Chief Executive shall appoint a panel of persons not being public officers whom he considers suitable for appointment under section 32O(1)(a)(ii) as members of the Appeal Board.

An appointment under subsection (2) or (5) shall be notified in the Gazette.

The Chairman, a Deputy Chairman or a panel member may at any time resign by notice in writing to the Chief Executive.

The Chief Executive may revoke the appointment of the Chairman, a Deputy Chairman or a panel member on the ground of incapacity, bankruptcy, neglect of duty or misconduct proved to the satisfaction of the Chief Executive.

The remuneration, if any, of the Chairman, a Deputy Chairman and a panel member shall be paid at a rate that the Financial Secretary determines.

Any person aggrieved by—

may appeal to the Appeal Board against the opinion, determination, direction, decision, sanction or remedy, as the case may be, to the extent to which it relates to that section or any such licence condition, as the case may be. (Amended 14 of 2012 s. 176 and 18 of 2014 s. 175)

(Repealed 14 of 2012 s. 176)

Also, a person aggrieved by—

may appeal to the Appeal Board against the decision, determination, direction or requirement. (Added 38 of 2021 s. 12)

Subject to subsection (3), an appeal shall not suspend the operation of the appeal subject matter.

Where an appeal is made and the appeal subject matter falls within section 36C, then the appeal subject matter shall be suspended in its operation from the day on which the appeal is made until the appeal is determined, withdrawn or abandoned. (Amended 30 of 2003 s. 8; 14 of 2012 s. 176)

A person who wishes to make an appeal shall, not later than 14 days after he knows, or ought reasonably to have known, of the proposed appeal subject matter, lodge a notice of appeal with the Appeal Board.

In the hearing of an appeal—

Subsection (1)(d)(i) shall not entitle a person to require the Appeal Board to receive and consider any material which had not been submitted to or made available to the Authority or the authority concerned at any time before the opinion, determination, direction, decision, sanction, remedy or requirement referred to in section 32N(1) or (1D) was formed, made, imposed or to be imposed, as the case may be. (Amended 30 of 2003 s. 9; 14 of 2012 s. 176; 38 of 2021 s. 13)

Costs referred to in subsection (1)(d)(vi) are recoverable as a civil debt.

After hearing an appeal, the Appeal Board shall determine the appeal by upholding, varying or quashing the appeal subject matter and may make such consequential orders as may be necessary.

Every decision of the Appeal Board under subsection (4) shall be in writing and contain a statement of the reasons for its decision.

Every sitting of the Appeal Board shall be held in public unless the Appeal Board considers that in the interests of justice a sitting or part of a sitting should not be held in public in which case it may hold the sitting or part of the sitting in private.

The Chairman may determine any matter of practice or procedure relating to the hearing of appeals where no provision governing such matter is made in this Ordinance or in regulations made thereunder.

The Appeal Board may refer any question of law arising in an appeal to the Court of Appeal for determination by way of case stated.

On the hearing of the case, the Court of Appeal may—

Where a case is stated under subsection (1), the Appeal Board shall not determine the relevant appeal before the Court of Appeal determines the relevant point of law.

In relation to an appeal, any person who, without reasonable excuse, refuses or fails—

commits an offence and is liable on summary conviction to a fine at level 4.

Any person who publishes or otherwise discloses any material in contravention of—

commits an offence and is liable on summary conviction to a fine at level 4.

It shall be a defence for a person charged with an offence under subsection (2)(b) to prove that he did not know and had no reason for knowing that the Appeal Board had made an order under section 32O(1)(d)(viii) prohibiting the publication or other disclosure of the material concerned.

The Chairman, a Deputy Chairman and a panel member have, in the performance of their duties under this Part, the same privileges and immunities as a judge of the Court of First Instance in civil proceedings in that court.

A witness before the Appeal Board shall be entitled to the same privileges and immunities as if he were a witness in civil proceedings in the Court of First Instance.

For the purpose of providing or making available facilities reasonably required for—

the Chief Executive may order that any class of messages shall be intercepted.

An order under subsection (1) shall not of itself authorize the obtaining of the contents of any individual message.

If an order has been made under subsection (1)(b), no investigation may be initiated in relation to any matter relating to the compliance with the order otherwise than pursuant to a request by the Chief Executive and in accordance with any conditions the Chief Executive may have imposed in the request. (Added 17 of 2011 s. 24)

In this section—

(Repealed 36 of 2000 s. 18)

A licence granted under this Ordinance by the Chief Executive in Council may, with the consent in writing of the person to whom it was granted, be amended by order of the Chief Executive in Council. (Added 92 of 1970 s. 2. Amended 4 of 2024 s. 5)

Without affecting the generality of section 7(8) or 7A, a licence granted under this Ordinance may include a condition that the licensee shall procure, in favour of the Government, a first demand performance bond or bank guarantee, in such sum and in such form as the authority by whom the licence is granted may require, to secure the compliance by the licensee with any condition imposed under section 7(8) or 7A. (Added 38 of 1993 s. 6. Amended 36 of 2000 s. 18)

(Repealed 36 of 2000 s. 18)

Any licence, permit, permission or consent granted under this Ordinance may at any time be cancelled or withdrawn by the authority by whom it was granted, or suspended by such authority for such period, not exceeding 12 months, as the authority specifies, in the event of any contravention by the licensee or the person to whom the permit, permission or consent was granted, as the case may be, of this Ordinance or of any condition to which the licence, permit, permission or consent is subject, and any such licence may be cancelled or suspended at any time by the Chief Executive in Council if he considers that the public interest so requires. (Amended 4 of 2024 s. 5)

The Authority shall not exercise a power under subsection (4) unless the exercise of the power is, in all the circumstances of the case, proportionate and reasonable in relation to the contravention concerned referred to in that subsection giving rise to the exercise of the power. (Added 36 of 2000 s. 18)

Where the Authority proposes to exercise a power under subsection (4), it shall give the licensee or other person concerned a reasonable opportunity to make representations and shall consider all representations made before it decides whether or not to exercise that power in the case of the licensee or other person, as the case may be. (Added 36 of 2000 s. 18. Amended 17 of 2011 s. 28)

Where the Authority exercises a power under subsection (4), it shall provide reasons in writing for the exercise of the power to the licensee or other person concerned. (Added 36 of 2000 s. 18. Amended 17 of 2011 s. 28)

Where the Chief Executive in Council or the Authority proposes to exercise a power under subsection (4), the Chief Executive in Council or the Authority shall not consider— (Amended 17 of 2011 s. 28)

and subsection (4A) shall be construed accordingly. (Added 12 of 2001 s. 5)

Where any licence, permit, permission or consent granted under this Ordinance is cancelled, withdrawn or suspended, no part of any fee or other sum paid in respect thereof or thereunder shall be refunded, including any spectrum utilization fee paid pursuant to section 32I. (Amended 12 of 2001 s. 5)

Nothing in this section applies in respect of a licence—

In the exercise of the power under subsection (4) by the relevant authority to cancel, withdraw or suspend a licence, permit, permission or consent granted under this Ordinance, the authority may cancel, withdraw or suspend (at such times and for such period as the authority determines) any part of the licence, permit, permission or consent without affecting the validity of the remaining part of the licence, permit, permission or consent. (Added 36 of 2000 s. 18)

The Authority, or any public officer authorized in writing in that behalf by the Authority, may—

Where he is satisfied by information on oath that there is reasonable ground for suspecting that there is in any premises used for dwelling purposes anything that is liable to seizure under subsection (1)(c), a magistrate may issue his warrant authorizing such premises to be entered and searched by the Authority or any other public officer, and no premises used for dwelling purposes shall be entered or searched under this Ordinance except pursuant to the warrant of a magistrate issued under this subsection.

The Authority or any public officer may—

The Authority or a person whom it authorizes in writing may at all reasonable times enter the premises of a licensee and inspect and make copies of, or make or take an abstract of or extract from, a document or an account relating to a telecommunications network, system, installation or service conducted by the licensee for the purposes of the Authority performing its functions, or exercising its powers, under this Ordinance in order to ensure the licensee’s compliance with the provisions of this Ordinance, licence conditions, and the determinations and directions of the Authority, applicable to the licensee. (Amended 17 of 2011 s. 28)

The Authority or an authorized person in exercising the powers of the Authority or authorized person under this section may require a licensee to produce to the Authority or authorized person the document or account. (Amended 17 of 2011 s. 28)

To enable the Authority or an authorized person to exercise the powers of the Authority or authorized person under this section, a licensee shall give the Authority or authorized person access to the documents or accounts the Authority or authorized person may reasonably require for inspection, and shall produce to the Authority or authorized person the documents or accounts as the Authority or authorized person may reasonably require. (Amended 17 of 2011 s. 28)

A document or account includes information recorded by electronic or other means and the licensee’s requirement to provide access to documents and accounts includes a requirement to provide the appropriate system for reading and reducing the information into a written form on paper.

Where—

the Authority shall reimburse the expenses which, in the opinion of the Authority, have been reasonably incurred by the person in making the copy.

A person who, without reasonable excuse, contravenes subsection (3) commits an offence and shall be liable on conviction to a fine at level 6 and to imprisonment for 6 months.

A person who, without reasonable excuse, in purported compliance with a requirement made under this section, produces a document or an account, or gives information, which he knows to be false or misleading in a material particular commits an offence and shall be liable on summary conviction to a fine at level 6 and to imprisonment for 6 months.

The Authority shall not disclose any document or account produced under this section except subject to the requirement in subsection (9) and if the Authority considers that it is in the public interest to disclose that document or account, as the case may be.

The Authority shall give a licensee producing any document or account under this section a reasonable opportunity to make representations on a proposed disclosure of the document or account, as the case may be, and shall consider all representations made before the Authority makes a final decision to disclose the document or account, as the case may be, if the Authority considers that the disclosure—

For the avoidance of doubt, it is hereby declared that where a person produces a document or account under this section notwithstanding that the document or account is the subject of a confidentiality agreement with another person that prevents the first-mentioned person from releasing the document or account, the first-mentioned person shall not be liable for any civil liability or claim whatever in respect of the production of that document or account, as the case may be, contrary to that agreement.

Nothing in this section shall require a person to produce any document or account which the person could not be compelled to produce in civil proceedings before the Court of First Instance.

The Authority may require that one or more fixed carrier licensees have a universal service obligation.

A universal service obligation requires a licensee to ensure that a good, efficient and continuous basic service is, in the Authority’s opinion, reasonably available to all persons within the areas of Hong Kong covered by that obligation.

The Authority may establish a system for licensees prescribed by the Authority to meet a reasonable contribution to the cost of providing the universal service obligation and managing the fund established under subsection (4).

The Authority may establish and manage a fund for the purpose of holding the contributions under subsection (3) prior to payment to the carrier licensee with the obligation.

The Authority may—

The Authority may determine the terms and conditions of interconnection of the type mentioned in subsection (3D). (Replaced 36 of 2000 s. 20)

The Authority may make a determination on the request of a party to the interconnection or, in the absence of a request, if it considers it is in the interest of the public to do so. (Replaced 36 of 2000 s. 20. Amended 17 of 2011 s. 28)

The terms and conditions in a determination may include any technical, commercial and financial terms and conditions that the Authority considers fair and reasonable. (Replaced 36 of 2000 s. 20)

Without limiting the general nature of subsection (3), the terms and conditions in a determination may include—

The charges in a determination shall be based on the relevant reasonable costs attributable to interconnection and, in determining the level, or method of calculation, of the relevant reasonable costs attributable to interconnection, the Authority may select from among alternative costing methods what it considers to be a fair and reasonable costing method. (Added 36 of 2000 s. 20. Amended 17 of 2011 s. 28)

The terms and conditions in a determination—

The type of interconnection includes an arrangement among 2 or more parties for—

In this section—

No determination shall be made under subsection (1) unless the Authority is satisfied that the parties to any arrangement for interconnection of the type mentioned in subsection (3D) have been afforded reasonable opportunity to make representations to it as to why a determination should not be made and the Authority has considered representations made before it decides whether or not to make such a determination. (Amended 36 of 2000 s. 20; 17 of 2011 s. 28)

Written notice of a determination, or of the completion or adjournment of a determination process commenced, under subsection (1) shall be served personally or by registered post on the parties to the arrangement for interconnection or, in the absence of a concluded arrangement, the parties who in the Authority’s opinion would have been parties to the interconnection arrangement had it been concluded. (Replaced 36 of 2000 s. 20)

Subject to subsection (5B), parties to an interconnection agreement shall ensure a copy of the agreement is filed with the Authority within 14 days of it being made. (Added 36 of 2000 s. 20)

The obligation to file a copy of an interconnection agreement under subsection (5A) may be waived by the Authority in relation to a particular interconnection agreement or interconnection agreements of a certain kind. (Added 36 of 2000 s. 20)

The Authority may publish all or any part of an interconnection agreement if it— (Amended 17 of 2011 s. 28)

A determination takes effect even though it is under review unless stayed by a court of competent jurisdiction. (Added 36 of 2000 s. 20)

The amount of any costs or expenses incurred, including, without limitation, staff costs and expenses, and the financing of liabilities paid out of the Office of the Communications Authority Trading Fund in respect of a determination or determination process under subsection (1) is a debt due to the Government, and is on service of a notice under subsection (5), recoverable from a person on whom notice has been served. (Replaced 36 of 2000 s. 20. Amended 17 of 2011 s. 28)

It shall be a defence for any person against whom an action is brought under subsection (6) to satisfy the District Court that he or it concurred with the substance of the terms and conditions as manifested in the determination and had given notice in writing of that fact to the Authority not less than 30 days before the service on him or it of a notice under subsection (5).

(Repealed 36 of 2000 s. 20)

The Authority may, after consultation with the parties to an interconnection agreement, issue codes of practice—

In making a determination under subsection (1), the Authority shall give regard to—

The Authority may direct a licensee to coordinate and cooperate with another licensee specified by the Authority in the public interest to share the use of any facility owned or used by it.

Prior to issuing a direction in the public interest under subsection (1), the Authority shall provide a reasonable opportunity for the licensee, and any other interested party, to make representations on the matter and shall give consideration to all representations made before it decides whether or not to issue the direction. (Amended 17 of 2011 s. 28)

In considering a direction in the public interest to share a facility, the Authority shall take into account relevant matters including, but not limited to—

Where another licensee reasonably requests to share a facility, the licensee shall endeavour to come to an agreement with the requesting party on the conditions, including but not limited to providing for fair compensation to the licensee for the provision, use or sharing of the facility.

A shared facility may include a building, place or premises that is exclusively occupied and operated by one of the parties to the sharing agreement.

If the parties do not reach an agreement within a reasonable time, and the Authority requires shared use of the facility, then—

Subject to subsection (2), the Authority may issue directions in writing—

and the licensee or such person shall give effect to such direction.

No direction shall be so issued under subsection (1)(a)(iii) or (b), unless the Authority is satisfied that the licensee or such person has been afforded reasonable opportunity to make representations to the Authority.

The Authority may, by notice in writing addressed to a licensee, require the licensee to pay to the Government the financial penalty specified in such notice in any case where the licensee fails to comply with—

The Authority may, by notice in writing to any person of the description mentioned in section 36B(1)(b), require that person to pay to the Government the financial penalty specified in such notice in any case where that person fails to comply with the requirement of any direction issued in respect of that person by the Authority under that section. (Amended 36 of 2000 s. 23)

A financial penalty imposed under subsection (1) or (2) shall not exceed—

Without prejudice to subsections (3) and (3B), the Authority may, by notice to a licensee who has committed a breach of a licence condition or provision in this Ordinance or regulation made thereunder, or a breach of a direction, require the licensee—

Where the Authority considers that if it were to impose a financial penalty under subsection (3) it would not be adequate for a breach referred to in subsection (1)— (Amended 17 of 2011 s. 28)

The Authority shall not impose a financial penalty under this section unless, in all the circumstances of the case, the financial penalty is proportionate and reasonable in relation to the failure or series of failures concerned giving rise to that penalty. (Replaced 36 of 2000 s. 23)

Subsection (1), (2) or (3A) shall not apply in the case of the licensee or person concerned unless the Authority is satisfied that the licensee or person, as the case may be, has been afforded a reasonable opportunity of complying with the requirement of any licence condition, provision of this Ordinance or regulation made thereunder, or direction, in respect of which that subsection is sought to be applied. (Replaced 36 of 2000 s. 23)

A financial penalty imposed under this section shall be recoverable as a civil debt due and payable to the Government. (Added 36 of 2000 s. 23)

The imposition of a financial penalty under this section, in relation to a licence, shall not be construed as affecting the application of section 34(4).

The Authority shall, before imposing a sanction under this section on a licensee or person concerned, afford the licensee or person concerned, as the case may be, a reasonable opportunity to make representations and shall consider all representations made before the Authority decides whether or not to impose such sanction. (Added 36 of 2000 s. 23)

If the Authority is satisfied that there are reasonable grounds for believing that a person, other than a licensee, is, or is likely to be, in possession of information or a document that is relevant to the Authority’s investigation of a breach or suspected breach of a provision of this Ordinance, or of a determination or direction of the Authority or of a licence condition, the Authority may serve a notice in writing on the person—

Where the Authority receives representations referred to in subsection (1)(b) from a person, the Authority shall—

Where a notice under subsection (1) served on a person has not been withdrawn under subsection (2)(b)(i) and the person has not complied with the notice before the relevant date, or before the date specified in the notice under subsection (2) served on the person, as the case requires, then a magistrate may—

issue an order that the person shall, within the time specified in the order, give the information or document in writing to the Authority or produce the document to the Authority, as the case requires.

Any information or document to be given or produced to the Authority by a person in compliance with a notice under subsection (1) or an order under subsection (3) shall be so given or produced by reference to the information or document at the time of service of that notice except that the information or document may take account of any processing—

The Authority shall not disclose any information or document given or produced to it under this section except subject to the requirement in subsection (6) and if the Authority considers that it is in the public interest to disclose that information or document, as the case may be. (Amended 17 of 2011 s. 28)

The Authority shall give a person giving or producing any information or document under this section a reasonable opportunity to make representations on a proposed disclosure of the information or document, as the case may be, and shall consider all representations made before the Authority makes a final decision to disclose the information or document, as the case may be.

For the avoidance of doubt, it is hereby declared that where a person gives or produces any information or document under this section notwithstanding that the information or document is the subject of a confidentiality agreement with another person that prevents the first-mentioned person from releasing the information or document, the first-mentioned person shall not be liable for any civil liability or claim whatever in respect of the giving or production of that information or document, as the case may be, contrary to that agreement.

Nothing in this section shall require a person to give any information or document, or to produce any document, which the person could not be compelled to give in evidence, or produce, in civil proceedings before the Court of First Instance.

A person commits an offence if he, without reasonable excuse—

and shall be liable on conviction to a fine at level 5 and to imprisonment for 2 years.

The Chief Executive in Council may by regulation provide for— (Amended 4 of 2024 s. 5)

Regulations made under this section may provide that contravention of specified provisions of such regulations shall be an offence and may provide penalties therefor: Provided that no penalty so provided shall exceed a fine at level 4 and imprisonment for 12 months. (Amended 18 of 1994 s. 15)

Regulations made under paragraph (c) of subsection (1) may—

The Chief Executive in Council may by order exempt any person or any class of persons from this Ordinance or from such of the provisions thereof as he thinks fit. (Amended 4 of 2024 s. 5)

Without derogation from the provisions of section 40 of the Interpretation and General Clauses Ordinance (Cap. 1) an order under this section may provide that it shall be a condition of any exemption granted thereunder that the person or class of persons to whom it is granted shall not directly or indirectly fix, levy or make payable, any charge for any service, facility or circuit in respect of which the exemption is made greater than such charge as may, from time to time, be specified by the Authority by order in the Gazette. (Added 69 of 1983 s. 6. Amended 36 of 2000 s. 28)

A person sustaining loss or damage from a breach of section 7Q, or a breach of a licence condition, determination or direction relating to that section, may bring an action for damages, an injunction or other appropriate remedy, order or relief against the person who is in breach. (Amended 14 of 2012 s. 176 and 18 of 2014 s. 175; 25 of 2012 s. 41)

No action may be brought under subsection (1) more than 3 years after—

whichever is the later.

(Repealed 4 of 2024 s. 8)

Any telecommunications line or post lawfully placed and maintained in, over or upon any land under the repealed Telecommunication Ordinance (18 of 1936) at the commencement* of this Ordinance shall be deemed to be placed and maintained in, over or upon the said land under and in accordance with this Ordinance. (Amended 36 of 2000 s. 28)

In this section—

Any conduct of a licensee that—

may be investigated under this Ordinance on or after the commencement date, and the provisions of this Ordinance apply in relation to that investigation as if the amending Ordinance had not been enacted.

Any investigation of any conduct referred to in subsection (2) initiated before the commencement date under the pre-amended Ordinance may be continued under this Ordinance on or after the commencement date, and the provisions of this Ordinance apply in relation to that investigation as if the amending Ordinance had not been enacted.

If—

the appeal may be made to and disposed of by the Appeal Board under this Ordinance on or after the commencement date, and the provisions of this Ordinance apply in relation to that appeal as if the amending Ordinance had not been enacted.

If—

the appeal may be continued and disposed of by the Appeal Board under this Ordinance on or after the commencement date, and the provisions of this Ordinance apply in relation to that appeal as if the amending Ordinance had not been enacted.

If—

the action may be brought under this Ordinance on or after the commencement date as if the amending Ordinance had not been enacted.

If—

the action may be continued under this Ordinance on or after the commencement date as if the amending Ordinance had not been enacted.

An act or thing that—

continues to be in force on or after the commencement date as if the 2021 Amending Ordinance had not been enacted.

An appeal that is pending immediately before the commencement date is to be dealt with by the new Appeal Board under this Ordinance as amended by the 2021 Amending Ordinance on or after the commencement date.

Section 32N(1D) applies only in relation to a decision, determination or requirement made, or a direction issued, on or after the commencement date.

In this section—