TELECOMMUNICATION ORDINANCE

TELECOMMUNICATION ORDINANCE

CHAPTER 106.

THE TELECOMMUNICATION ORDINANCE.

ARRANGEMENT OF SECTIONS.

PART I.-PRELIMINARY

Section Page

1. Short title ............................. ... ... ... 166

2. Interpretation .......................... ... ... ... ... 166

PART II-PRIVILEGES AND POWERS OF THE
GOVERNMENT.

3. Exclusive privilege in respect of telegraphs and power to

grant licences ......................... ... ... ... ... 167

4. Power in Government to take possession of licensed telegraphs

and to order interception of messages ...... ... ... ... 167
5. Power to require production of messages ... ... ... ... 168

6. Protection of certain messages from publication within period. 168

7. Power to make regulations for the conduct of telegraphs 169

8. Revocation of licences .................. ... ... ... ... ... 170

9. Government not responsible for loss or damage ... ... 170

PART III-POWER TO PLACE TELEGRAPH
LINES AND POSTS.

10. Power to place and maintain telegraph lines and posts ... 171

11. Exercise of powers conferred by section 10 and disputes as

to compensation in case of property .... ... ... ... 171

12. Removal or alteration of telegraph line or post on property. 172

13. Removal of trees interrupting telecommunication ... ... 173

14. Existing lines and posts deemed to he placed under this

Ordinance .............................. ... ... 174

PART IV-PENALTIES.

15. Establishing, maintaining, or working unlicensed telegraph or

breaking condition of licence .......... ... ... ... ... 174

16. Using such telegraphs................... ... ... ... ... ... 174





Section................................... Page

17. Intrusion into signal-room, trespass in telegraph office, or

obstruction .............................. ... ... ... ... 175

18. Unlawfully attempting to learn contents of messages ... 175
19. Intentionally damaging or tampering with telegraphs ... 175

20. Telegraph officer or other official making away with or altering or
unlawfully intercepting or disclosing messages
or divulging purport of signals ....... ... ... ... ... 1

21. Telegraph officer fraudulently sending messages without
payment .................................... ... ... ... ... 176

22. Misconduct ............................. ... ... ... ... 176

23. Sending fabricated message ............. ... ... ... ... ... 177

24. Fraudulent retention, etc. of message ... ... ... ... ... 177

25. Corruption ............................. ... ... ... ... ... 177

PART V - RADIOCOMMUNICATION

26...........Interpretation ................ ... ... ... ... ... ... ... 177

27.........Exemption ....................... ... ... ... ... ... ... ... 177
28. (1) Licences for radiocommunication may be granted by the
Governor .................................. ... ... ... ... 178

(2) Power of delegation and of appointment ... ... ... 178

(3) Corruption ........................... ... ... ... 178

29. Licences for radiocommunication stations and for dealers in

wireless equipment ..................... ... ... ... ... 178

30. Arrest, search, inspection, removal and detention ... ... 179

31. Regulations ............................ ... ... ... ... 181

32. Control in emergency ................... ... ... ... 181

33. Experimental licences........ ... ... ... ... 182

34. Prohibition of radiation of magnetic waves ... ... ... 182

PART VI-MISCELLANEOUS.

35. General penalty ........................ ... ... ... 183

36. Regulations. Atlantic City Convention ... ... ... ... 183

37. Exemptions.......... .............. ... ... ... .. 1 . ... ... ... 183





CHAPTER 106.

TELECOMMUNICATION.

To amend and consolidate the law relating to telecommunication.

[1st October, 1936.]

PART I.

Preliminary

1. This Ordinance. may be cited as the Telecommuniication
Ordinance.

2. In this Ordinance

'telecommunication' means any telegraphic or telephonic
communication of signs, signals, writing, facsimiles and sounds
of any kind, by wire, wireless, or any other system or process of
electric or visual signalling or by means of pneumatic tubes;

'telegraph' means any electric, galvanic or magnetic telegraph, and
includes appliances and apparatus for transmitting, receiving or
making telecommunication, but does not include electric
appliances and apparatus, other than radio, the operation and
scope of which is limited to communications concerning the
affairs of the sender or receiver thereof and confined to a single
messuage or tenement or works area;

'telegraph officer' means any person employed, either permanently or
temporarily, in connexion with a telegraph established,
maintained or worked by the Government or by a person licensed
under this Ordinance;

telegraph line' means any wire or wires used for the purposes of
telecommunication, with any casing, coating, tube or pipe
enclosing the same, and any appliances and apparatus connected
therewith for the purpose of fixing or insulating the same;

'message' means any telecommunication sent by telegraph or
handed to a telegraph officer to be sent by telegraph or to be
delivered;





'post' means a post, pole, standard, stay, strut or other above-
ground contrivance for carrying, suspending or supporting a
telegraph line;

'licensed person' means a person holding a licence granted by the
Governor in Council under section 3 or section 30.

PART II.

Privileges and powers of the government.

3. (1) Within the Colony the Governor in Council shall have the
exclusive privilege of establishing, maintaining and working
telegraphs.

(2) The Governor in Council may grant a licence, on such
conditions and in consideration of such payments as he thinks fit, to
any person or to the representative for the time being in the Colony of
any corporation or administration to establish, maintain or work a
telegraph within any part of the Colony, and to place, lay, carry or
maintain any posts, cables or wires for the purpose of such telegraph
in, along, through, across or under any roads or other property vested
in the Crown.

4. (1) On the occurrence of any public emergency or in the interest
of the public safety the Governor or any officer specially authorized in
this behalf by the Governor may

(a) take temporary possession of any telegraph established,
maintained or worked by any person licensed under this
Ordinance; or

(b)withdraw either partially or totally the use of any telephone
trunk line or exchange system from any person or class of
persons or from the public at large; or

(c)order that any message or class of messages to or froni anv
person or class of persons or relating to any patricular
subject, brought for transmission by or transmitted or
received by any telegraph, shall not be transmitted or shall
be intercepted or detained or shall be disclosed to the
Government or an officer thereof mentioned in the order.





(2) The powers conferred by paragraph (c) of sub-
section (1) may also be exercised by the Governor, or any
officer specially authorized by him in that behalf, in any case
which appears to be dangerous to the security of the Colony
or contrary to the laws of the Colony, or contrary to public
order or decency.

(3) If any doubt arises as to the existence of a public emergency,
or whether any act done under this section was in the interest of the
security of the Colony or of the enforcement of the laws of the Colony
or of public order or decency, a certificate signed by the Governor and
delivered to the person in charge of the telegraph shall be conclusive
proof on the point.

5. (1) Where it appears to the Governor that such a course is expedient
in the public interest he may by warrant under his hand require any person
who owns or controls any telegraph line or any apparatus for radiocommunication,
used for the sending or receipt of messages to or from any place outside the
Colony, to produce to any person named in the warrant the originals and transcripts
either of all messages or of messages of any specified class or description sent or
received to or from any place outside the Colony by means of any such line or apparatus,
and all other papers relating to any such messages.

(2) In this section the expression radiocommunication shall have
the same meaning as in section 27.

(3) Any person who, on being required under subsection (i) to
produce any original or transcript of a message or any paper relating to
a message, refuses or neglects to do so, shall be liable to a fine of five
hundred dollars and to imprisonment for three months.

6. (1) Whenever anv message transmitted by telegraph from any
place outside the Colony is received by any person, association or
conipany in the Colony, for the purpose of publication in any
newspaper, or, by printed circular or otherwise, to any limited number
of persons being members of or subscribers to any such association or
company, no person, whether a member of or a subscriber to such
association or company or not, shall, without the consent in writing of
such person, association or company by whom such message has
been received, print or publish in any





newspaper, or in any letter or circular or other printed or written
communication, or tender for transmission by telegraph, any such
message, or the substance thereof or any extract therefrom, until after
the expiration of thirty six hours from the time of the first publication of
such message by the person, association or company receiving the
same : Provided always that such protected period shall not extend
beyond forty eight hours from the time of the first receipt in the
Colony, of such message : Provided also that the publication of any
similar message lawfully received in like manner by any other person,
association or company shall not be deemed or taken to be a
publication of such firstmentioned message within the meaning of this
section.

(2) Every message in respect of which the protection of this
section is claimed shall be published with the heading
'Telecommunication Ordinance, (Chapter 106 of the Revised Edition of
the Laws of Hong Kong)' and the name of, the person, association or
company claiming such protection and shall state the date and hour of
its receipt in the Colon), and of its publication, and such statement shall
be prima facie evidence of the times of such receipt and publication.

(3) In any prosecution under this section the production
of any document which purports to be a telegraphic message
duly and regularly issued by any telegraph company in the
Colony on its customary form shall be prima facie evidence
that the message contained therein was received in the Colony
by telegraph from the place therein mentioned to the address
of the person, association or company therein named, and
was duly delivered in the Colony to such person, association
or company.

(4) Any person who prints or publishes, or causes to
be printed or published, or retransmits any matter contrary
to the provisions of this section shall be liable upon summary
conviction io a fine of two hundred and fifty dollars.

7. (1) It shall be lawful for the Governor in Council to make
regulations for the conduct of all or any telegraphs established,
maintained or worked by the Governnient or by persons licensed under
this Ordinance.

(2) Regulations made under this section may provide for all or any
of the following among other matters





(a)the rates at which and the other conditions and restrictions
subject to which messages shall be transmitted ;

(b)the precautions to be taken for preventing the improper
interception or disclosure of messages;

(c)the period for which and the conditions subject io which
messages and other documents belonging to or being in the
custody of telegraph officers shall be preserved;

(d)the fees to be charged for searching for messages or other
documents in the custody of any telegraph officer.

(3) When making rules for the conduct of any telegraph
established, maintained or worked by any person licensed under this
Ordinance, the Governor in Council may prescribe fines for any breach
of the same.

(4) The fines so prescribed shall not exceed the following limits

(a)when the person licensed under this Ordinance is punishable
for the breach, five hundred dollars, and in the case of a
continuing breach, a further fine of one hundred dollars for
everv day after the first during the whole or any part of
which the breach continues;

(b)when a servant of the person so licensed or any other person
is punishable for the breach, one-fourth of the amount
specified in paragraph (a).

8. The Governor in Council may at any time revoke any licence
granted under section 3 for good cause or on the breach of any of the
conditions therein contained or in default of payment of any
consideration payable thereunder.

9. (1) The Government shall not be responsible for any loss or
damage which may occur in consequence of any telegraph officer
failing in his duty with respect to the receipt, transmission or delivery
of any message.

(2) No such officer shall be responsible for any such loss or
damage unless he causes the same negligently, maliciously or
fraudulently.





PART III.

Power to place Telegraph Lines and Posts.

10. (1) The Director of Public Works may place and maintain, and
may authorize a person licensed under section 3 to place and maintain,
a telegraph, line under, over, along or across, and posts in or upon, any
immovable property.

(2) Neither the Governnient nor a licensed person shall by the
exercise of the powers conferred by this section acquire any right other
than that of user only in any property over, along, across, in or upon
which any telegraph line or post has been so placed.

(3) In the exercise of the powers conferred by this section the
Director of Public Works and any licensed person so authorized as
aforesaid shall do as little damage as possible, and when those powers
have been exercised in respect of any property, full compensation shall
be paid by the Director of Public Works or by the licensed person,
whichever has exercised the powers, to all persons interested for any
damage sustained by reason of the exercise of such powers.

(4) The Director of Public Works or any licensed person so
authorized as aforesaid may at any time for the purpose of examining,
repairing, altering or removing any telegraph line or post erected or
maintained by him, enter on the property under, over, along, across, in
or upon which the line or post has been placed.

(5) The Director of Public Works may for the purpose of
exercising the powers conferred by this section alter, or may authorize
a licensed person to alter, the position of any, pipe or wire, not being a
main, for the supply of gas or electricity : Provided that when it is
desired to alter the position of any such pipe or wire reasonable notice
of the intention to do so shall be given by the Director of Public Works
or by the licensed person, whichever is concerned, to the person under
whose control such pipe or wire is.

11. (1) If the exercise of the powers mentioned in section 10, in
respect of property referred to in subsection (4) thercof, is resisted or
obstructed, a magistrate may, on a





summons taken out in that behalf, order that the Director of Public
Works or the licensed person concerned shall be permitted to exercise
them.

(2) If after the making of an order under subsection (i) any person
resists the exercise of those powers, or having control over the
property does not give all facilities for their being exercised, he shall be
deemed to have committed an offence under this Ordinance.

(3) If any dispute arises as to the sufficiency of the compensation
to be paid under subsection (3) of section 10, it shall, on application by
way of summons for that purpose by either of the disputing parties to a
magistrate, be determined by him.

(4) If any dispute arises as to the persons entitled to receive
compensation or as to the proportions in which the persons interested
are entitled to share in it, the Director of Public Works or the licensed
person concerned may pay into the. magistrate's court such amount as
he deems sufficient, or, where all the disputing parties have in writing
admitted the amount tendered to be sufficient or the amount has been
determined under subsection (3), that amount.

(5) The magistrate, after giving notice to the parties and hearing
such of them as desire to be heard, shall determine the persons entitled
to receive the compensation or, as the case may be, the proportions in
which the persons interested are entitled to share in it.

(6) Every determination of a dispute by a magistrate under
subsection (3), (4) ot. (5) shall be final.

(7) Nothing in subsection (6) shall affect the right of any person
to sue for and recover the whole or any part of any compensation paid
by the Director of Public Works or by a licensed person from the
person who has received the same.

12. (1) When under the foregoing provisions of this Ordinance a telegraph line
or post has been placed by the Director of Public Works or by a person licensed
as aforesaid under, over, along, across, in or upon any property, and any person
entitled to do so desires to deal with that property in such manner as to render
it necessary or con-

venient that the telegraph line or post should be removed to another
part thereof or to a higher or lower level or altered in form, he may
require the Director of Public Works or the licensed person concerned
to remove or alter the line or post accordingly.

(2) If compensation has been paid under section 11 such person
shall, when making the requisition, tender to the Director of Public
Works or to the licensed person concerned the amount requisite to
defray the expense of the removal or alteration or half of the amount
paid as compensation, whichever is the smaller sum.

(3) If the Director of Public Works or licensed person omits to
comply with the requisition, the person making it may apply to a
magistrate to order the removal or alteration.

(4) Such magistrate May, in his discretion, reject the application or
make an order, absolute or subject to conditions, for the removal of the
telegraph line or post to any other part of the property or to a higher
or lower level or for the alteration of its form, and the order so made shall be final.

13. (1) If a tree standing or lying near a telegraph line interrupts or
is likely to interrupt telecommunication, a Magistrate may, on a
summons taken out in that behalf, order the tree to bc removed or dealt
with in such other way as he deems fit.

(2) When disposing of an application under subsection (i), such
magistrate shall, in the case of any tree in existence before the
telegraph line was placed, award to the persons interested in the tree
such compensation as, he thinks reasonable, and the award shall be
final.

(3) In the event of the owner or occupier of any land felling or clearing, or
causing or allowing to be felled or cleared, any trees or vegetation, or erecting
to be felled or cleared, any trees or vegetation, or erecting or causing or allowing
to be erected any marshed, scaffolding or other structure, adjacent to any telegraph
line, such owner or occupier shall give to the Director of Public Works or to the
licensed person concerned notice in writing of his intention so to do and shall take
all such reasonable precautions as may be necessary for the protection of such
telegraph line.


(4) If any such owner or occupier fails to give such notice as is
required by subsection (3), or having given notice fails to take such
necessary precautions, and if damage is done to such telegraph line.
by the act of himself, his servants or agents, he shall be liable to pay to
the Director of Public Works or to the licensed person concerned all
costs and expenses that may be incurred in repairing the line and re-
establishing communication.

(5) If the amount so due for costs and expenses be not paid within
seven days after demand the Director of Public Works or the licensed
person concerned may, upon a summons taken out in that behalf,
recover such amount before a magistrate.

(6) If any trees or vegetation are felled or cleared, or if any
matshed, scaffolding or other structure is erected, upon land adjacent
to any telegraph line, it shall be presumed until the contrary is proved
that such clearing, felling or erecting was done by, the owner of the
land or by his servants or agents acting as such.

14. Every telegraph line or post placed before the cornmencement
of this Ordinance under, over, along, across, in or upon any property
for the purposes of a telegraph established or maintained by the
Governnient or by a person licensed under this Ordinance shall be
deemed to have been so placed in exercise of the powers conferred
by, and after observance of all the requirements of, this Ordinance.

PART IV.

Penalties.

15. Any person who establishes, maintains or works a telegraph
within the Colony otherwise than as permitted by a licence granted
under section 3 or breaks any condition contained in such a licence
shall be liable to a fine of one thousand dollars, and to a further fine of
five hundred dollars for every week during which the telegraph is
maintained or worked or the breach of the condition continues.

16. Any person who, knowing or having reason to believe that a
telegraph has been established or is maintained
or worked in contravention of this Ordinance, transmits or





receives any message by such telegraph, or performs any service
incidental thereto, or delivers any message for tranmission by such
telegraph, or accepts delivery of any message sent thereby, shall be
liable to a fine of fifty dollars.

17. Any person who

(a)enters the signal-room of a telegraph office of the
Government or of a person licensed under this Ordinance
without the permission of a competent authority;

(b)enters a fenced enclosure round such a telegraph office in
contravention of any rule or notice not to do so;

(e)refuses to quit such room or enclosure on being requested
to do so by any officer or servant employed therein ; or

(d)wilfully obstructs or impedes any such officer or servant in
the performance of his duty,

shall be liable to a fine of two hundred and fifty dollars.

18. Any person who does any of the acts mentioned in section 17
with the intention of unlawfully learning the contents of any message
or of committing any offence punishable tinder this Ordinance, may, in
addition to the fine to which lie is liable under section 17, be liable to
imprisonment for one year.

19. Any person who, intending-

(a)to prevent or obstruct the transmission or delivery of any
message;

(1))to intercept or to acquaint himself with the contents of any-
message; or

(c)to cause, or knowing that he is likely to cause, wrongful loss
or damage to the public or to any person

damages, removes, tampers with or touches any, battery machinery,
telegraph line, post or other thing whatever, being part of or used in or
about any telegraph or in the working thereof, shall be liable to a fine
of five hundred dollars and imprisonment for three years.





20. Any telegraph officer, or any person not being a telegraph
officer but having official duties connected with any office which is
used as a telegraph office, who

(a)wilfully secretes, rnakes away with or alters any message
which he has received for transmission or delivery

(b) forges or, knowing the same to be forged or altered, utters
any message whether he has or has not any intent to defraud

(c)wilfully and otherwise than in obedience to an order of the
Governor in Council, or of an officer specially authorized by
the Governor in Council to make the order, omits to transmit
or intercepts or detains any message or any part thereof or
otherwise than in pursuance of his official duty or in
obedience to the direction of a competent court, discloses
the contents or any part of the contents of any message to
any person not entitled to receive the same ; or

(d)divulges the purport of any telegraphic signal to any person
not entitled to become acquainted with the same,

shall be liable lo a fine of one thousand dollars and imprisonment for
three years.

21. Any telegraph officer who transmits by telegraph any message
on which the charge prescribed by the Government or by a person
licensed under this Ordinance, as the case may be, has not been paid,
intending thereby to defraud the Governnient or that person, shall be
liable to a fine of one thousand dollars and imprisonment for three
years.

22. Any telegraph officer, or any person not being a telegraph
officer but having official duties connected with any office which is
used as a telegraph office, who is guilt of any act of drunkenness,
carelessness or other misconduct whereby the correct transmission or
the delivery of any message is impeded or delayed, or any telegraph
officer who loiters or delays in the transmission or delivery of any
message, shall be liable to a fine of one hundred dollars and
imprisonment for three months.





23. Any person who transmits or causes to be transmitted by
telegraph a message which he knows to be false or fabricated shall be
liable to a line of one thousand dollars and imprisonment for three
years.

24. Any person who fraudulently retains or wilfully
secretes, makes away with or detains a message which ought to
have been delivered to some other person, or being required by a
telegraph officer to deliver up any such message neglects or refuses to
do so, shall be liable to a fine of one thousand dollars and
imprisonment for two years.

25. A telegraph officer shall be deemed a public servant and an
officer of a public body within the meaning of the Prevention of
Corruption Ordinance.

PART V.

Radiocommunication.

26. (1) In this Part and in any regulations made thereunder

'radiocommunication' means any telecommunication by means of
Hertzian waves;

'radiocommunication station' includes every apparatus or collection
of apparatus which can be used for radiocommunication or
radiodistribution, whether for transmitting or receiving or for
transmitting and receiving, and whether such apparatus or
collection of apparatus be complete or not.

(2) Subject to the regulations made under section 31
nothing in this Part shall prevent any person from making
or using electrical apparatus for actuating machinery or for
any purpose other than the transmission or reception of
messages.

27. The provisions of this Part shall not apply to officers or men
of His Majesty's Army, Navy or Air Force using wireless apparatus in
the performance of their official duties or to apparatus so used.





28. (1) The Governor may, whenever he deems it expedient to do
so, license the establishment of any radiocommunication station or the
installation or working of any apparatus for radiocommunication in any
place in the Colony or on board any British ship registered in the
Colony.

(2) The Governor may delegate his power of issuing licences to
the Postmaster General or to such officer or officers as he thinks fit,
and may appoint officers, who shall be known as wireless inspectors,
for the purpose of carrying into effect the provisions of this Ordinance.

(3) Every such officer shall be deemed a public servant
and an officer of a public body within the meaning of the
Prevention of Corruption Ordinance.

29. (1) Any person who, in any place in the Colon or on board any
British ship re-istered in the Colony
(a)establishes, maintains, works or uses a radiocommunication
station ; or

(b)offers for sale, sells or has in his possession, whether with a
view to sale or otherwise, any apparatus or material for
radiocommunication,

otherwise than under and in accordance with a licence, sale permit or
letter of exemption granted under this Ordinance, shall be guilty of an
offence against this section.

(2) Every such licence, sale permit and letter of exemption
shall be in such form and for such period as the
Governor in Council determines and shall contain such terms,
conditions and restrictions on and subject to which the
licence is granted as the Governor in Council considers
desirable in the public interest.

(3) Any person who is in possession of apparalus for
radiocommunication shall be, deemed until the contrary is proved to
have worked the same.

(4) The occupier of any dwelling-house or premises in which is
installed radiocommunication equipment in respect of which a licence
is not in force shall be guilty of an offence against this section.

(5) It shall be a defence to a prosecution for an offence against
subsection (4) that the occupier was not aware, and could not with
reasonable diligence have become aware, of





the existence in the dwelling-house or premises of the
radiocommunication equipment in question.

(6) Any person who is guilty of an offence against this
section shall be liable on summary conviction to a fine of
three thousand dollars (and in default of payment to
imprisonment for twelve months) or to imprisonment for
twelve months, and shall upon conviction on indictment be
liable to a fine of ten thousand dollars (and in default of
payment to imprisonment for three years) or to imprison-
ment for three years.

30. (1) It shall be lawful for any public officer authorized by the
Postmaster General in that behalf

(a)to arrest and bring before a magistrate any person whom
such public officer may have reason to suspect of having
contravened any of the provisions of this Ordinance or of
ariv regulation made thereunder;

(b) to search the person and property and effects of any
person whom it may be lawful for such public officer
to arrest ; Provided that no female person shall be
searched except by a fernale : Provided also that no
person shall be searched in a public place if he
objects to be so searched;

(c)to search any place in which such public officer may have
reason to suspect that there may be anything which under
paragraph (f) is liable to seizure ;

(d)to search and, if necessary, stop and search, any ship (not
being or having the status of a ship of war) in which such
public officer may have reason to suspect that there may be
anything which unde paragraph (f) is liable to seizure;

(e)to search the premises of any person carrying on the
business of a producer, manufacturer, seller or distributor of
any apparatus for radiocommunication, and to demand the
production of, and to inspect, any books or documents
relating to dealings in any such apparatus, and to inspect any
stocks of any such apparatus;





to seize, remove and detain-

(i) anything with respect to which such public officer may
have reasonable grounds for suspecting that any offence
against this Ordinance has been committed ;

(ii) any book or other docurnent which such public officer
may have reasonable grounds for suspecting to relate to, or
to be connected directly or indirectly with, any transaction or
dealing which was, or any intended transaction or dealing
which would if carried out be, an offence against this
Ordinance;

(iii) any other thing which may appear to such officer
likely to be, or to contain, evidence of any such offence,
transaction or dealing.

(2) Such public officer may-

(a)break open any outer or inner door of or in any such place;

(b) forcibly enter any such ship and every part thereof;

(c)remove by force any personal or material obstruction to any
arrest, detention, search, inspection, seizure or removal which
lie is empowered to make;

(d)detain every person found in such place until such place has
been searched.

(3) Any authority given by the Postmaster General under this
section may be general so as to embrace all the powers referred to in
this section, or limited so as to embrace only a portion of those powers,
or particular for a particular occasion.

(4) No person shall delay or obstruct any detention, arrest,
search, inspection, seizure or removal which is authorized by this
Ordinance.

(5) It shall be lawful for a magistrate or the Court to order to be
forfeited to the Crown any apparatus in respect to which any offence
under this Part has been committed whether any person shall have
been charged with, or convicted of, such offence or not.





31. (1) The Governor in Council may make regulations for

(a)prescribing the forms of licences and the manner in which
applications for licences under this Part are to be made;

(b)prescribing the terms, conditions and restrictions on and
subject to which licences are granted and the duties of
licensees;

(c)prescribing the fees payable on the grant of any licence;

(d)regulating the working and use of apparatus for
radiocommunication;

(e)regulating the licensing of dealers in, and the sale or transfer
of, wireless apparatus;

(f) prohibiting or regulating the working or using of any
apparatus for radiocommunication on board any ship,
whether British or foreign, while in the territorial waters of the
Colony;

(g)prohibiting or regulating the working or using of any
apparatus for radiocommunication on any aircraft, whether
British or foreign, while in or over the Colony or the territorial
waters thereof;

(h)examination of operators and issuing certificates of
proficiency thereof;

(i) ensuring the secrecy of wireless messages;

(j) regulating electrical interference with the working or using of
any apparatus for radiocommunication ;

(k)prescribing all matters which by this Part are required or
permitted to be prescribed or which are necessary or
convenient to be prescribed for carrying out or giving effect
to this Part.

(2) No regulations made in respect of the matters
described in paragraphs (f) and (g) of subsection (i) shall,
apply to the use of radiocommunication for the purpose of
making or answering signals of distress.

32. If on the occurrence of any public emergency, or in the
interest of public safety or tranquillity, the Governor in Council is of
opinion that the Government should have





control over the transmission or reception of messages by
radiocommunication, then, after publication of notice to that
effect in the Gazette and until further notice, the use of radio-
communication at any radiocommunication station and by
any installation and apparatus for radiocommunication in the
Colony or on any aircraft in or over the Colony and its
waters shall be subject to such orders, rules or regulations
as the Governor in Council may make, either before or after
the occurrence of the emergency and such orders, rules or
regulations may-

(a)prohibit or regulate such use in all cases or In such cases as
may be deemed desirable; and

(b) provide for-

(i) the taking possession of, the control of or the use for
official purposes of all radiocommunication stations and
apparatus, and the payment of compensation for any damage
caused thereby;

(ii) the stopping, delaying and censoring of all messages
received, transmitted or submitted for transmission; and

(iii) the carrying out of any other purpose which the
Governor in Council thinks necessary :

Provided that nothing in such orders, rules or regulations shall
apply to the use of radiocommunication for the purpose of making or
answering signals of distress.

33. When an applicant for a licence proves to the satisfaction
satisfaction of the Governor that the sole object of obtaining
the licence is to enable him to conduct experiments in radio-
communication, a licence for that purpose may he granted
in accordance with the regulations made under section

34. No person, whether holding a licence granted under this Part or not,
shall radiate electro-magnetic waves of radio frequencies which may be
used for wireless telegraphy, or cause or permit such waves to be radiated, so
as injuriously to affect the working of any authorized radiocommunication
station or apparatus.




PART VI.

Miscellaneous

35. (1) Every omission or neglect to comply with, and every act
done or attempted to be done contrary to, this Ordinance or any order,
rule or regulation made thereunder, or in breach of the conditions and
restrictions subject to or upon which any licence has been issued, shall
bc deemed to be an offence against this Ordinance, and for every such
offence not otherwise specially provided for the offender shall, in
addition to the forfeiture of any articles seized, be liable on summary
conviction to a fine of one thousand dollars or to imprisonment for
twelve months.

(2) In the case of a conviction involving a fine the magistrate
inflicting such fine may direct, on the application of the Postmaster
General or other officer conducting the prosecution, that any part not
exceeding one half thereof shall be paid to any person who has given
such information as has led to the conviction of the offender or
offenders, or if there are more than one such person may direct such
part to be divided amongst them in such proportion as he may direct.


36. Save in so far as they are repugnant to any regulations
made under this Ordinance, the Telegraph Regulations,
the Telephone Regulations, the Radio Regulations and the
Additional Radio Regulations annexed to the Final Acts of
the International Telecommunication Convention, Atlantic
City, 1947, shall be in force in the Colony, so far as they are
applicable thereto, as if such Regulations had been made
under the authority of this Ordinance.

37. (1) The provisions of this Ordinance shall not apply to the case
of any telegraph erected or maintained by the Naval, Military or Air
Force authorities or, except as to sections 2 and 4 hereof, to the
concession granted by Ordinance to the Hong Kong Telephone
Company Limited.

(2) Nothing in this Ordinance shall be deemed to authorize the
placing or maintenance of any telegraph line under, over, along or
across, or of any telegraph posts in or upon, any immovable property,
which is vested in or under the control of the Naval, Military or Air
Force authorities, without the previous consent of the authorities
concerned.
18 of 1936. 1 of 1937. 23 of 1939. 12 of 1947. 33 of 1949. 9 of 1950. 24 of 1950. Short title. Interpretation. Exclusive privilege in respect of telegraphs and power to grant licences. Power in Government to take possession of licensed telegraphs and to order interception of messages. [s. 4 cont.] 1 of 1937, s. 2. 1 of 1937, s. 2. Power to require production of messages. Protection of certain messages from publication within certain period. Power to make regulations for the conduct of telegraphs. [s. 7 cont.] Revocation of licences. Government not responsible for loss or damage. Power to place and maintain telegraph lines and posts. Exercise of powers conferred by section 10 and disputes as to compensation in case of property. [s. 11 cont.] Removal or alteration of telegraph line or post on property. Removal of trees interrupting telecom-munication. [s. 13 cont.] Existing lines and posts deemed to be placed under this Ordinance. Establishing, maintaining, or working unlicensed telegraph or breaking condition of licence. Using such telegraphs. Instrusion into signal-room, trespass in telegraph office, or obstruction. Unlawfully attempting to learn contents of messages. Intentionally damaging or tampering with telegraphs. Telegraph officer or other official making away with or altering or unlawfully intercepting or disclosing messages or divulging purport of signals. Telegraph officer fraudulently sending messages without payment. Misconduct. Sending fabricated message. Fraudulent retention, etc. of message. Corruption. 9 of 1950, Schedule. (Cap. 215.) Interpretation. Exemption. Licences for radio-communication may be granted. 9 of 1950, Schedule. (Cap. 215.) Licences for radiocom-munication stations and for dealers in wireless equipment. 12 of 1947, s. 2. 9 of 1950, Schedule. Arrest, search, inspection, removal and detention. 23 of 1939, s. 2. [s. 30 cont.] 12 of 1947, s. 3. Regulations. Control in emergency. [s. 32 cont.] Experimental licences. Prohibition of radiation of magnetic waves. general penalty. Regulations. Atlantic City Con-vention. 24 of 1950, Schedule. Exemptions. 33 of 1949, s. 2.

18 of 1936. 1 of 1937. 23 of 1939. 12 of 1947. 33 of 1949. 9 of 1950. 24 of 1950. Short title. Interpretation. Exclusive privilege in respect of telegraphs and power to grant licences. Power in Government to take possession of licensed telegraphs and to order interception of messages. [s. 4 cont.] 1 of 1937, s. 2. 1 of 1937, s. 2. Power to require production of messages. Protection of certain messages from publication within certain period. Power to make regulations for the conduct of telegraphs. [s. 7 cont.] Revocation of licences. Government not responsible for loss or damage. Power to place and maintain telegraph lines and posts. Exercise of powers conferred by section 10 and disputes as to compensation in case of property. [s. 11 cont.] Removal or alteration of telegraph line or post on property. Removal of trees interrupting telecom-munication. [s. 13 cont.] Existing lines and posts deemed to be placed under this Ordinance. Establishing, maintaining, or working unlicensed telegraph or breaking condition of licence. Using such telegraphs. Instrusion into signal-room, trespass in telegraph office, or obstruction. Unlawfully attempting to learn contents of messages. Intentionally damaging or tampering with telegraphs. Telegraph officer or other official making away with or altering or unlawfully intercepting or disclosing messages or divulging purport of signals. Telegraph officer fraudulently sending messages without payment. Misconduct. Sending fabricated message. Fraudulent retention, etc. of message. Corruption. 9 of 1950, Schedule. (Cap. 215.) Interpretation. Exemption. Licences for radio-communication may be granted. 9 of 1950, Schedule. (Cap. 215.) Licences for radiocom-munication stations and for dealers in wireless equipment. 12 of 1947, s. 2. 9 of 1950, Schedule. Arrest, search, inspection, removal and detention. 23 of 1939, s. 2. [s. 30 cont.] 12 of 1947, s. 3. Regulations. Control in emergency. [s. 32 cont.] Experimental licences. Prohibition of radiation of magnetic waves. general penalty. Regulations. Atlantic City Con-vention. 24 of 1950, Schedule. Exemptions. 33 of 1949, s. 2.

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