TELECOMMUNICATION ORDINANCE

TELECOMMUNICATION ORDINANCE

LAWS OF HONG KONG

TELECOMMUNICATION ORDINANCE

CHAPTER 106





CHAPTER 106

TELECOMMUNICATION ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

PART I

PRELIMINARY

1. Short title ..........................4
2. Interpretation .......................4
3. Application to Crown .................5
4. Saving of Crown rights ...............5

PART II

APPOINTMENT OF TELECOMMUNICATIONS AUTHORITY

5. Appointment of Telecommunications Authority 5
6. Delegation of powers .................5

PART 111

CONTROL OF TELECOMMUNICATIONS

7. Power of Governor in Council to grant licences 6

8. Prohibition of establishment and maintenance of means of telecom-

munication, etc., except under licence 6

9. Control of import and export of radiocommunication transmitting apparatus 7

10. Control of use of radiocommunication apparatus on vessel in Hong Kong

waters ................................8
11........................................Control of use of radiocommunication apparatus on aircraft in Hong Kong 9

12. No interference to telecommunication when apparatus on board vessel or

aircraft is used ...................10

13. Possession of telecommunication stations taken by Government in

emergencies ........................10

PART IIIA

SOUND BROADCASTING LICENCES

13A. Interpretation .....................11
13B. Application for licence ............12
13C. Grant of licence ...................12
13D. Period of validity of licence ......13





Section.................................... Page
13E...............................Renewal of licence 13
13F............................Competence of licensees 14

13G.....................Disqualified persons
................................................... 14

13H.................Increase of control by disqualified persons 14

131.....................Unqualified persons ............ 14

13J.............................Temporary restriction on disposal or acquisition .................... 15

13K.....................Directions by Broadcasting Authority 16
13L.............................Recovery of royalty 17
13M.................Governor in Council may prohibit programmes 17
13N.................................Regulations 17
130.........Regulations relating to standards and technical requirements 18
PART IV
USE OF LAND FOR TELECOMMUNICATION LINES, ETC.
14.......Power to place and maintain telecommunication lines, etc., on land 19
15..........................Disputes as to compensation 20
16....Removal, etc., of line or post where necessary by reason of use of land 20
17......................Trees interrupting telecommunication 20
18.....................Work affecting telecommunication line 21
19....Power to enter on land to inspect, repair, etc., telecommunication lines 21

PART V

OFFENCES AND PENALTIES

20.....................Contravention of section 8 an offence 21
21.....................Contravention of section 9 an offence 22
22...........Penalty in event of contravention of section 10, 11 or 12 22

23. Transmitting or receiving messages, etc., by unlicensed means of tele-

communication .........................22
23A..Penalty for selling message received on sound broadcast receiving apparatus
or a television receiver ..............22
24..................Offences by telecommunication officer, etc . 23
25..Secretion, etc., of messages by persons other than telecommunication officers 23
26.......Transmission by telecommunication officer of message not paid for 23
27..............Damaging telecommunication installation with intent 24
28.........................Transmission of false messages 24
29....................Entry on certain land without permission 24
30..............Penalty for contravention of order under section 33 24
31........................Obstruction of Authority, etc . 24
32......Liability of directors, etc., where offence committed by corporation 24





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

PART VI

SUPPLEMENTARY AND MISCELLANEOUS

31 Power of Governor to prohibit transmission of messages, etc . 25
34.....................General provisions as to licences, etc . 25

35.....................Power of Authority ........................ .......
.......................26

36...........Forfeiture
............................................................................................ 27

37,..............Regulations ......................... .......
............................................ 27

38. (Repealed ..........................28

39..................Exemption .........................
............................................... 28

40................Transitional provisions . ....... .................. 29
41................Validation...........................................
.................................................... 29





CHAPTER 106

TELECOMMUNICATION

To make better provision for the licensing and control of telecommunications,
telecommunication services and telecommunication apparatus and equipment.

[1 January 1963]

Originally 46 of 1962 26 of 1966, 2 of 1968, 92 of 1970, 17 of 1972, 48 of 1972, 57 of 1973, 62 of 1973, L.N. 76 of
1982, 57 of 1982, 69 of 1983, R. Ed. 1983, L.N. 94 of 1986, 51 of 1989

PART 1

PRELIMINARY

1. short title

This Ordinance may be cited as the Telecommunication Ordinance.

2. Interpretation

In this Ordinance, unless the context otherwise requires-

'Authority' means the Telecommunications Authority appointed under section 5;

'licensee' means the holder of a licence for the time being in force under this
Ordinance;

'message' means any communication sent or received or made by
telecommunication or given to a telecommunications officer to be sent by
telecommunication or to be delivered;

'radiocommunication' means communication by radio waves;

,,sound broadcast receiving apparatus' means an apparatus which is capable of
receiving sound only, transmitted by means of radiocommunication or by wire
for reception by the general public; (Added 2 of 1968s.2)

'telecommunication' means any transmission, emission or reception of signs,
signals, writing, images, sounds or intelligence of any nature by visual means
or by wire or radio waves or any other electromagnetic system;

'telecommunication installation' means any apparatus or equipment maintained for
or in connection with a telecommunication service;

'telecommunication office?' means any person employed in connection with a
telecommunication service;





'telecommunication service' means the provision of facilities for use by members of
the public or by any person for the transmission or reception of messages or
the provision on loan, lease or hire to members of the public or to any person of
apparatus for telecommunication either within Hong Kong or with any place
outside Hong Kong;

,'vessel' has the same meaning as in the Shipping and Port Control Ordinance (Cap.
313). (Added 69 of 1983 s. 2)

3. Application to Crown

Save as otherwise expressly provided, this Ordinance does not bind the Crown
or apply to any means of telecommunication established or maintained by the Crown
or to any apparatus for telecommunication possessed or used by the Crown for the
purpose of or in connection with any such means of telecommunication.

4. Saving of Crown rights

Nothing in this Ordinance shall prevent the Crown from establishing and
maintaining any means of telecommunication to the exclusion of all other persons.

PART 11

APPOINTMENT OF TELECOMMUNICATIONS
AUTHORITY

5. Appointment of Telecommunications Authority

The Governor may appoint such public officer as he thinks fit to be the
Telecommunications Authority for the purposes of this Ordinance.

6. Delegation of powers

The Authority may, in writing, delegate to any public officer, either generally or
for any particular occasion and either by name or by reference to a public office,
such of his powers and functions under this Ordinance as he considers necessary:

Provided that-

(a)no delegation made under this section shall preclude the Authority
from exercising or performing at any time any of the powers or
functions so delegated; and





(b)nothing in this section shall authorize the Authority to delegate to
any public officer any power conferred upon him by regulation under
section 37 to fix the limits of any electrical or radiated interference in
respect of any class or classes of apparatus. (Replaced 26 of 1966 s.
2)

PART 111

CONTROL OF
TELECOMMUNICATIONS

7. Power of Governor in Council to grant licences

Subject to Part IIIA, the Governor in Council and, subject to regulations made
under section 37, the Authority may, in accordance with this Ordinance, grant to
such persons as they think fit licences to establish and maintain any means of
telecommunication and to possess and use apparatus for radiocommunication or
any apparatus of any kind that generates and emits radio waves. (Amended51of
1989s.2)

8.Prohibition of establishment and maintenance
of means of telecommunication, etc., except
under licence

(1) Save under and in accordance with a licence granted by the Governor in
Council or with the appropriate licence granted by the Authority, no person shall in
Hong Kong or on board any British ship or aircraft that is registered in Hong Kong-

(a) establish or maintain any means of telecommunication; or

(b) possess or use any apparatus for radiocommunication or any
apparatus of any kind that generates and emits radio waves
notwithstanding that the apparatus is not intended for
radiocommunication; or

(e) deal in the course of trade or business in apparatus or material for
radiocommunication or in any component part of any such apparatus
or in apparatus of any kind that generates and emits radio waves
whether or not the apparatus is intended, or capable of being used,
for radiocommunication; or

(d) demonstrate, with a view to sale in the course of trade or business,
any apparatus or material for radiocommunication.

(2) For the avoidance of doubt, it is hereby declared that the fact that the
person from whom any apparatus for telecommunication is loaned, leased or hired,
or the person maintaining a means of telecommunication 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 telecommunication,
as the case may be, from the necessity to obtain such licence or licences as may be
required under this Ordinance.

(3) Nothing in this section shall affect any public telephonic communication by
wire supplied and operated under the Telephone Ordinance (Cap. 269).

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

(a) any sound broadcast receiving apparatus;

(b)any material or component part of such sound broadcast receiving
apparatus;

(c) any television receiver;

(d)any material or component part of a television receiver; (Added 2 of
1968 s. 3. Amended 17 of 1972 s. 2)

(e)any system which, without a change of frequency, carries from a
single aerial, by wire or other material substance which does not
cross a public street or unleased Crown land, to outlet points in one
building or in more than one building if such buildings are owned by
the same person television programmes broadcast by any company
licensed under the Television Ordinance (Cap. 52); or (Added 5 7 of 19
73 s. 2)

(f)any closed circuit television system consisting of a television
transmitter unit, with or without an associated audio system,
connected to reception units by wire or other material substance
which does not cross a public street or unleased Crown land, if

(i)the system is operated solely for internal information or security
communication purposes solely within premises occupied by
the person operating the system or for private entertainment
purposes in domestic premises occupied by such person; and

(ii)no advertising material is transmitted by means of the system,
other than such material advertising only the goods or services
sold or provided by the person operating the system or which is
transmitted free of charge by such person. (Added57of 1973s.2.
Amended 62of 1973s.2)

9. Control of import and export of radiocommunication

transmitting apparatus

Save under and in accordance with a permit granted by the Authority, no
person shall import into Hong Kong or export therefrom any apparatus or any





component part of any apparatus for transmission by radio waves unless he is the
holder of a licence authorizing him to deal in the course of trade or business in such
apparatus.

10. Control of use of radiocommunication apparatus

on vessel in Hong Kong waters

(1) Save as otherwise provided in this section, no radiocommunication
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.

(2) When a vessel is under way in the waters of Hong Kong,
radiocommunication 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 1983s.3)

(3) Radiocommunication 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.

(4) Where a person has been granted a licence for the purposes of section 8(1)
to possess or use any apparatus for radiocommunication 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 radiocommunication system of which
the vessel is a mobile station or with another mobile station of that system.

(5) Apparatus for radiocommunication 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

(a) the services of a pilot or the piloting of a vessel; (b)
the berthing and unberthing of a vessel;

(c) the towing or salvage of a vessel; or
(d) the supply of water or fuel to a vessel:

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.

(6) 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

(a)the ship earth station shall operate in the maritime mobile satellite
frequency band authorized by INMARSAT;

(b)transmissions shall cease if so required by the Authority by written
notice to the master or agent of the vessel;

(c) the ship earth station shall not be used-

(i) in a dangerous goods anchorage as defined for the purposes
of the Shipping and Port Control Regulations (Cap. 313
sub. leg.);
(ii) when any person is within a 4 metre radius of its antenna.

(7) With the permission in writing of the Authority, radiocommunication
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.

(8) Nothing in this section shall apply to the proper operation of

(a) any sound broadcast receiving apparatus; or

(b) any television receiver.

(9) For the purposes of this section

(a)'earth station' means an earth station approved by INMARSAT;

(b)'INMARSAT' means the International Maritime Satellite Organization
established under the Convention on the International Maritime
Satellite Organization (Inmarsat) (London 3 September 1976);

(c)'master' and 'agent' shall have the same meaning as in the Shipping
and Port Control Ordinance (Cap. 313);

(d)a vessel is under way when it is not at anchor, or made fast to the
shore, or aground;

(e)a certificate purporting to be signed by the Authority shall be
evidence of the relevant maritime mobile frequency band authorized
by INMARSAT on the day specified in the certificate.

(Amended 69 of 1983 s. 3)

11. Control of use of radiocommunication

apparatus on aircraft in Hong Kong

(1) Save as otherwise provided in this section, no radiocommunication
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.
(2) With the permission in writing of the Authority, radiocommunication
apparatus on board an aircraft that is at an aerodrome in Hong Kong may be
used in the carrying out of experimental tests.
(3) The Authority may permit the use, on such occasions or for such
period as he specifies, of radiocommunication apparatus on board an aircraft
that is at an aerodrome in Hong Kong.

12. No interference to telecommunication when apparatus
on board vessel or aircraft is used

Except where life or the safety of any vessel or aircraft is at risk, nothing in
section 10 or 11 shall authorize the use of any radiocommunication apparatus
in such a manner as to cause interference with any other means of
telecommunication within Hong Kong.
(Replaced 69 of 1983 s. 4)

13. Possession of telecommunication stations
taken by Government in emergencies

(1) Where, in the opinion of the Governor, an emergency has arisen in
which it is expedient for the public service that the Government should have
control over telecommunication stations, the Governor, by warrant under his
hand, may direct or cause such telecommunication 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
telecommunication stations as he may specify and in such manner as he may
direct.
(2) Any such warrant shall not have effect for a longer time than
one week from the issuing thereof, but the Governor may issue successive
warrants from week to week as long as, in his opinion, such emergency
continues.
(3) The Government shall pay to the owner of any telecommunication
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.





PART IIIA

SOUND BROADCASTING
LICENCES

13A. Interpretation

(1) For the purposes of this Part-

-broadcasting- means transmitting sound (otherwise than as part of a television
broadcast) for general reception by means of radio waves;

'Broadcasting Authority' means the Broadcasting Authority established by section
3 of the Broadcasting Authority Ordinance (Cap. 391);

-company- has the meaning assigned to it in section 2(1) of the Companies
Ordinance (Cap. 32);

'corporation' means a company or other body corporate;

'disqualified person' means

(a) an advertising agent;

(b)a person who in the course of business supplies material for
broadcasting by a licensee;

(c) a licensee;

(d)a person who in the course of business transmits sound or television
material, whether in Hong Kong or outside Hong Kong;

(e)a person who exercises control of a corporation that is a person
referred to in paragraph (a), (b), (c) or (d);

'licence' means a licence granted under section 13C;

'licensee' means the holder of a licence granted under section 13C;

'ordinarily resident in Hong Kong-

(a) in relation to a person who is an individual, means-

(i) residence in Hong Kong for not less than 180 days in any

calendar year; or

(ii) residence in Hong Kong for not less than 300 days in any 2

consecutive calendar years; and

(b) in relation to a company, means a company-

(i) that is formed and registered in Hong Kong under the

Companies Ordinance (Cap. 32); and (ii) in the case of which

(A)if not more than 2 of its directors take an active part in the
management of the company, each of those directors is; or

(B)if more than 2 of its directors take an active part in the
management of the company, a majority of those directors
are each of them,





for the time being ordinarily resident in Hong Kong and each of
them has at any time been resident for a continuous period of
not less than 7 years; and

(iii) the control and management of which is bona fide exercised
in Hong Kong;

'subsidiary' means a company that is a subsidiary within the meaning of

section 2 of the Companies Ordinance (Cap. 32);

,,voting shares' means shares in the company which entitle the shareholder to

vote at meetings of shareholders of the company.

(2) For the purposes of this Part a person exercises control of a company or
corporation if he

(a) holds office in that company or corporation; or

(b)subject to paragraph (c), is the beneficial owner of more than 35% of
the voting shares in that company or corporation; or

(c)in the case of a corporation that is a licensee, is the beneficial owner of
more than 15% of the voting shares in that corporation.

(3) 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.

13B. Application for licence

Any corporation complying with section 13F may apply to the Broadcasting
Authority in such form as the Broadcasting Authority may determine, for a licence
to establish and maintain a broadcasting service.

13C. Grant of licence

(1) The Broadcasting Authority shall consider applications made under section
13B and make recommendations thereon to the Governor in Council.

(2) Having considered the recommendations made under subsection (1) in
respect of an application for a licence to establish and maintain a broadcasting
service, the Governor in Council may grant a licence to the applicant and such
licence shall, without prejudice to this Ordinance or the Broadcasting Authority
Ordinance (Cap. 391), 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
Governor in Council may specify in the licence.

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

(a)a condition that the Broadcasting Authority may require the licensee
to refrain from broadcasting any programme or advertisement or any
class of material which in the opinion of the





Broadcasting Authority would contravene any direction issued by
the Governor in Council, any direction or any provision of a Code of
Practice issued by the Broadcasting Authority under the
Broadcasting Authority Ordinance (Cap. 391), any regulation made
under section 130 or any term or condition of the licence; and

(b)a condition that the Broadcasting Authority may suspend the
licence.

13D. Period of validity of licence

(1) A licence shall be

(a)valid for such period as may be specified in the licence or, where a
period is not specified in the licence, such period as may be
determined by the Governor in Council by order; and

(b)subject to renewal within that period of validity on such dates as may
be specified in the licence, or where such dates are not specified in
the licence, on such dates as may be determined by the Governor in
Council by order.

(2) An order made by the Governor in Council under subsection (1)(a) or (b)
shall be published in the Gazette.

13E. Renewal of licence

(1) Not less than 15 months before the date for any renewal of a licence under
section 13D(1)(b0 or such shorter period as the Governor in Council may permit,
the Broadcasting Authority shall submit recommendations to the Governor in
Council concerning the renewal of the licence and the terms and conditions to be
imposed.

(2) Having considered the recommendations submitted under subsection (1),
the Governor in Council may

(a)renew the licence subject to such terms and conditions as he may
specify; or

(b)renew the licence by granting a new licence in substitution therefor,
and in doing so, may impose such terms and conditions as he may
specify; or

(c) refuse to renew the licence.

(3) Notice of a decision to refuse to renew a licence shall be given to the
licensee concemed at least 12 months prior to the relevant date for renewal of the
licence.

(4) Where it is necessary for the due compliance with this section the Governor
in Council may extend the term of any licence.





13F. Competence of licensees

A licence may be granted to or held only by a corporation that is

(a)a company formed and registered in Hong Kong under the
Companies Ordinance (Cap. 32);

(b) not a subsidiary;

(c)empowered under its memorandum of association to comply fully
with the provisions of this Ordinance and the terms and conditions
of its licence.

13G. Disqualified persons

(1) Subject to subsection (2) and section 13H(2)(b), no 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, shall exercise control of a
corporation that is a licensee.

(2) Notwithstanding subsection (1), the Governor in Council may grant a
licence to a corporation

(a) that is a disqualified person;

(b) in respect of which a disqualified person exercises control; or

(c)that is a disqualified person and in respect of which a disqualified
person exercises control,

and the licence may contain such conditions relating to the disqualified person and
to the control exercised by him as the Governor in Council may impose under section
13C.

13H. Increase of control by disqualified persons

(1) Subject to subsection (2), no disqualified person who exercises control of a
corporation that is a licensee shall augment the basis of such control

(a)by augmenting the percentage of voting shares in the corporation
which he holds as the beneficial owner thereof, or

(b) by a change of the office held by him in the corporation.

(2) On the application of a licensee that is a corporation the Governor in
Council may, if he is satisfied that the public interest so requires, permit

(a)the licensee to augment the basis of the control of the corporation
exercised by a disqualified person; or

(b)the licensee to enable a disqualified person to exercise control of the
corporation.

131. Unqualified persons

(1) 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.

(2) 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.

(3) For the purposes of this section, a person shall be an 'unqualified person'
unless

(a)he is a person who is for the time being ordinarily resident in Hong
Kong and has at any time been resident for a continuous period of
not less than 7 years; or

(b)that person is a company that is ordinarily resident in Hong Kong.

(4) 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

(a)every person who takes an active part in the management of the
corporation, or if there are more than 2-such persons each of a
majority of those persons, is for the time being ordinarily resident in
Hong Kong and has at any time been resident for a continuous
period of not less than 7 years; and

(b)the management of the corporation is bona fide exercised in Hong
Kong.

(5) 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.

13J. Temporary restriction on disposal or acquisition

(1) Except with the consent of the Broadcasting 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.

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

(3) 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 of $100,000.





(4) Nothing in this section shall apply to-
(a)a transfer or acquisition by any person pursuant to the bona fide
exercise by him of his functions as a personal representative,
liquidator, receiver or trustee in bankruptcy;
(b) a transfer to a person who is-
(i) an authorized financial institution;
(ii)an insurer who is authorized within the meaning of the
Insurance Companies Ordinance (Cap. 41); or
(iii) a stockbroker, exempt dealer or registered dealer within the
meaning of the Securities Ordinance (Cap. 333),
by way of security only for the purposes of a transaction entered
into in the ordinary course of his business as such a person.
(5) In subsection (4)(b) 'authorized financial institution' means an
,,authorized institution' within the meaning of the Banking Ordinance (Cap.
155).

13K. Directions by Broadcasting Authority

(1) 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 131, the Broadcasting
Authority may with respect to the voting shares which are the subject of the
transaction, settlement, agreement or understanding in question-
(a)direct, by notice in writing served on the licensee, that the voting
rights which those voting shares carry, notwithstanding anything
contained in the articles of association of the licensee or any
provision of the laws of Hong Kong apart from this subsection.
shall not be exercised in relation to any matter at general
meetings of the licensee for such period as may be specified in the
notice;
(b)serve on any person having any right, title or interest to or in
such voting shares a notice in writing directing that person,
within a period specified in the notice and beginning on the date
of receipt by him of the notice (being a period of not less than 60
days), to transfer or otherwise to dispose of such right, title or
interest in favour of a person who is not an unqualified or
disqualified person (as the case may require) or to so transfer or
dispose of so much thereof as is necessary to effect a cesser of the
contravention.
(2) Where a notice under subsection (1)(b) is served on a person, the
person may apply to the Broadcasting Authority for an extension, or a further
extension, of the period within which the requirements of the notice are to be
complied with.





(3) Where an application is made under subsection (2) the Broadcasting
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.

(4) 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.

(5) Subject to subsections (2) and (3), any person who fails to comply with the
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 of $100,000, and for every day during
which such offence continues after conviction therefor to a fine of $2,000.

(6) 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 of $100,000.

(7) 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.

13L. Recovery of royalty

(1) 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.

(2) 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.

13M. Governor in Council may prohibit programmes

(1) Where the Governor in Council is of the opinion that the peace or good
order of Hong Kong is threatened, he may by notice in writing to the licensee
prohibit the broadcasting of any particular programme or part thereof.

(2) Any person who knowingly broadcasts any programme or part thereof in
contravention of a prohibition imposed under subsection (1) commits an offence and
is liable to a fine of $50,000 and to imprisonment for 6 months.

13N. Regulations

(1) The Governor in Council may, for the purpose of securing compliance with
this Part, make regulations

(a)regulating the ownership or control, whether direct or indirect, of
licensees; and





(b)regulating the holding, acquisition or disposal of rights, titles and
interests to or in voting shares in licensees.

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

(a)authorize the Broadcasting Authority to investigate the ownership or
control of voting shares in a licensee and for the purpose of such
investigation may authorize the Authority to require any person to
give particulars concerning any right, title or interest to or in any
such voting shares that he may have and also particulars concerning
the right, title or interest to or in those voting shares which to his
knowledge any other person may have;

(b)authorize the Broadcasting Authority to require a licensee to supply
such particulars as may be specified in the regulations concerning
any right, title or interest of persons to or in its shares, including
particulars of transfers of any such right, title or interest;

(c)authorize the Broadcasting Authority to require a licensee to obtain
the particulars referred to in paragraph (b) from any person and
require such person to supply such particulars (by way of declaration
or otherwise);

(d)empower the Broadcasting Authority, where any person fails or
refuses to supply particulars concerning any right, title or interest he
may have to or in any such voting shares in accordance with the
regulations, to suspend the voting rights attached to such shares;

(e)authorize the Broadcasting Authority to require a licensee to
establish and maintain a register of shares to contain details of rights,
titles and interests to or in such voting shares and particulars of
transfers of the same;

(f)prescribe the procedures to be followed in giving directions under
section 13K(1);

(g)regulate matters relating to transfers of rights, titles and interests to
or in such voting shares.

(3) Regulations made under this section may provide that a contravention of
specified provisions thereof shall be an offence punishable by a fine not exceeding
$100,000.

130. Regulations relating to standards
and technical requirements

The Governor in Council may make regulations for the purpose of-

(a)establishing standards for the programmes and advertising material
to be broadcast by licensees; and





(b)providing for the technical requirements with which a licensee shall
comply in broadcasting.

(Part IIIA added 51 of 1989 s. 3)

PART IV

USE OF LAND FOR TELECOMMUNICATION LINES,
ETC.

14. Power to place and maintain telecommunication

lines, etc., on land

(1) The Authority, and any licensee authorized by the Authority either
generally or for any particular occasion, may place and maintain a
telecommunication line, and such posts as may be necessary, in, over or upon any
land, subject

(a)in the case of unleased Crown land, to the consent in writing of the
Director of Buildings and Lands or an officer of the Buildings and
Lands Department appointed by him for the purposes of this section;
and

(b)in the case of land vested in or occupied by Her Majesty's naval,
military or force services, to the consent in writing of the Commander,
British Forces, or such officer as he appoints to be his representative
for the purposes of this section.

(2) In exercising the powers conferred by subsection (1), the Authority or the
licensee, as the case may be, shall do as little damage as possible and full
compensation shall be paid by the Authority, or the licensee, as the case may be, to
any person having a lawful interest in the land, or being lawfully thereon, who
suffers damage as a result of the exercise of those powers.

(3) So far as may be necessary for the due exercise of the powers conferred by
subsection (1), 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

(a)reasonable notice has been given to the owner of the pipe or wire or
the person in control thereof, and

(b)in the case of a pipe or wire in or over or upon unleased Crown land,
the consent in writing of the Director of Buildings and Lands or an
officer of the Buildings and Lands Department appointed by him for
the purposes of this section has been obtained; and

(e)in the case of a pipe or wire in, over or upon land vested in or
occupied by Her Majesty's naval, military or airforce services, the
consent in writing of the Commander, British Forces, or such





officer as he appoints to be his representative for the purposes of
this section has been obtained.
(Amended L.N. 76 of 1982; L.N. 94 of 1986)

15. Disputes as to compensation

(1) Where any dispute arises as to-
(a) whether compensation is payable under section 14(2);
(b) the amount of any such compensation; or
(c) the person to whom it is payable,
the dispute shall be referred to and determined by the District Court.
(2) 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.
(3) 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.
(4) The Chief Justice may, subject to this Ordinance, make rules for
regulating proceedings before the District Court under this section.

16. Removal, etc., of line or post where
necessary by reason of use of land

(1) Where any person desires to use land in a way that makes it necessary
to remove to another part of the land a telecommunication line or a post
maintained by the Authority or a licensee in, over or upon the land under
section 14 or to alter such telecommunication line or post in any way, he may
by notice in writing served upon the Authority or the licensee, as the case may
be, require the removal or alteration of the line or post.
(2) 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.

17. Trees interrupting telecommunication

(1) If a tree standing or lying near a telecommunication line interrupts, or
is likely to interrupt telecommunication, 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 telecommunication and, if the tree was in
existence at the time the telecommunication line 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.
(2) Any order of a magistrate in proceedings under subsection (1) shall be
final.

18. Work affecting telecommunication fine

(1) Any person who proposes to carry out on any land work that may
affect a telecommunication line maintained by the Authority or a licensee in,
over, upon or near the land shall give to the Authority or the licensee, as the
case may be, notice in writing of his intention to carry out the work.
(2) All reasonable precautions shall be taken in the carrying out of such
work to prevent damage to any telecommunication line in, over, upon or near
the land, 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 telecommunication line caused by a failure to
take such precautions.
(3) 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.

19. Power to enter on land to inspect, repair,
etc., telecommunication lines

The Authority and a licensee may at such times as may be necessary enter
upon any land, in, over or upon which he maintains a telecommunication line
or a post for the purpose of inspecting, repairing, removing or altering such line
or post.

PART V

OFFENCES AND PENALTIES

20. Contravention of section 8 an offence

Any person who contravenes section 8(1) shall be guilty of an offence and
shall be liable-





(a)on summary conviction, to a fine of $5,000 and to imprisonment
for 2 years; and
(b)on conviction on indictment, to a fine of $10,000 and to
imprisonment for 5 years.
(Amended 17 of 1972 s. 3)

21. Contravention of section 9 an offence

Any person who contravenes section 9 shall be guilty of an offence and
shall be liable on summary conviction to a fine of $3,000 and to imprisonment
for 12 months.

22. Penalty in event of contravention
of section 10, 11 or 12

In the event of a contravention of section 10(1), 11(1) or 12, the master of
the vessel or the captain of the aircraft, as the case may be, or the person at
whose direction the radiocommunication apparatus was used, shall be guilty of
an offence and shall be liable on summary conviction to a fine of $5,000.

23.Transmitting or receiving messages, etc., by
unlicensed means of telecommunication

Any person who, knowing or having reason to believe that a means of
telecommunication is being maintained in contravention of this Ordinance,
transmits or receives any message by such means of telecommunication or
performs any service incidental to the transmission or reception of any such
message or delivers any message for transmission by such means of tele-
communication or takes delivery of any message sent thereby shall be guilty of
an offence and shall be liable on summary conviction to a fine of $5,000.
23A.Penalty for selling message received on
sound broadcast receiving apparatus
or a television receiver

Any person who, without the consent of the Authority,-
(a) sells; or
(b) offers for sale; or
(c) publishes or reproduces for reward,
any message or information, or the sense or meaning of any message or
information received by him or by any other person by means of a sound
broadcast receiving apparatus or a television receiver shall be guilty of an





offence and shall be liable on summary conviction to a fine of $1,000 and to
imprisonment for 6 months.

(Added2of1968s.4. Amended17of1972s.4)

24. Offences by telecommunication officer, etc.

A telecommunication officer, or any person who, though not a
telecommunication officer, has official duties in connection with a
telecommunication service, who

(a)wilfully destroys, secretes or alters any message that he has received
for transmission or delivery;

(b)forges any message or utters any message that he knows to be forged
or altered;

(c)wilfully abstains from transmitting any message or wilfully intercepts
or detains or delays any message;

(d)otherwise than in pursuance of his duty or as directed by a court,
copies any message or discloses any message or the purport of any
message to any person other than the person to whom the message is
addressed,

shall be guilty of an offence and shall be liable on summary conviction to a fine of
$2,000 and to imprisonment for 2 years.

25.Secretion, etc., of messages by persons other than telecommunication officers

Any person, not being a telecommunication officer, or a person who, though
not a telecommunication officer, has official duties in connection with a
telecommunication service, who

(a)wilfully secretes, detains or delays a message intended for delivery to
some other person; or (Amended48of1972s.4)

(b)having been required by a telecommunication officer to deliver up to
him a message in the possession of that person and intended for
delivery to some other person, refuses or neglects to do so,

shall be guilty of an offence and shall be liable on summary conviction to a fine of
1,000 and to imprisonment for 12 months.

26. Transmission by telecommunication
officer of message not paid for

A telecommunication officer who, with intent to defraud, transmits by
telecommunication a message in respect of which the charge prescribed by or under
this Ordinance has not been paid shall be guilty of an offence and shall be liable on
summary conviction to a fine of $2,000 and to imprisonment for 2 years.





27. Damaging telecommunication installation with intent

Any person who damages, removes or interferes in any way whatsoever with a
telecommunication installation with intent to

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

(b) intercept or discover the contents of a message, shall be guilty of an
offence and shall be liable on summary conviction to a fine of $2,000 and to
imprisonment for 2 years.

28. Transmission of false messages

Any person who transmits, or causes to be transmitted, by telecommunication a
message that he knows to be false shall be guilty of an offence and shall be liable on
summary conviction to a fine of $1,000 and to imprisonment for 2 years.

29. Entry on certain land without permission

Any person who, without lawful authority or excuse, enters or remains on any
land in the occupation of a person who provides a telecommunication service shall
be guilty of an offence and shall be liable on summary conviction to a fine of $250.

30. Penalty for contravention of order under section 33

Any person who fails to comply with an order under section 33 shall be guilty
of an offence and shall be liable on summary conviction to a fine of $2,000 and to
imprisonment for 12 months.

31. Obstruction of Authority, etc.

Any person who wilfully obstructs the Authority or any public officer in the
exercise of any power conferred upon him by this Ordinance shall be guilty of an
offence and shall be liable on summary conviction to a fine of $1,000 and to
imprisonment for 6 months.

32.Liability of directors, etc., where offence
committed by corporation

Where a person by whom an offence under this Ordinance is committed is a
corporation and it is proved that the offence was committed with the consent or
connivance of a director or other officer concerned in the management of the
corporation, the director or other officer shall be guilty of the like offence.





PART VI

SUPPLEMENTARY AND
MISCELLANEOUS

33. Power of Governor to prohibit

transmission of messages, etc.

Whenever he considers that the public interest so requires, the Governor, or
any public officer authorized in that behalf by the Governor either generally or for
any particular occasion, may order that any message or any class of messages
brought for transmission by telecommunication shall not be transmitted or that any
message or any class of messages brought for transmission, or transmitted or
received or being transmitted, by telecommunication shall be intercepted or detained
or disclosed to the Government or to the public officer specified in the order.

34. General provisions as to licences, etc.

(1) A licence granted under this Ordinance by the Governor in Council shall be
valid for such period, and shall be subject to the payment of such fee, royalty or
other charge whatsoever, annually or otherwise, as is specified therein, and shall be
subject to such conditions as the Governor in Council may specify and, where the
Governor in Council considers it desirable in the public interest, may confer on the
person to whom it is granted an exclusive right to maintain any service to the public
in connection with which the licence is granted.

(1A) A licence granted under this Ordinance by the Governor in Council may,
with the consent in writing of the person to whom it was granted, be amended by
order of the Governor in Council. (Added92of1970s.2)

(2) Every licence granted under this Ordinance by the Authority shall be valid
for the period or until the day prescribed by the regulations, but, save as otherwise
provided by the regulations, may be renewed for a period of one year at a time.

(3) Any licence, pen-nit, permission or consent granted under this Ordinance
by the Authority shall be subject to the conditions (if any) prescribed by or under
the regulations and to such other conditions as the Authority specifies on the grant
or renewal thereof, being conditions that the Authority considers necessary for the
purpose of carrying out the objects of this Ordinance.

(4) 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 Governor in Council if he considers that
the public interest so requires.

(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.

(6) Nothing in this section applies in respect of a licence granted under
PartIlIA. (Addend51of1989s.4)

35. Power of Authority

(1) The Authority, or any public officer authorized in writing in that behalf by
the Authority, may

(a)arrest any person whom he reasonably suspects of being guilty of an
offence under this Ordinance;

(b)subject to subsection (2), enter and search any place, or board and
search any vessel (other than a ship of war) or any aircraft (other than
a military aircraft) or search any vehicle, in which he reasonably
suspects that there is anything liable to seizure under paragraph (c);

(c) seize, remove and detain-

(i)anything in respect of which he reasonably suspects that an
offence under this Ordinance has been committed;

(ii)anything that appears to him to be or to be likely to be, or to
contain, evidence of an offence under this Ordinance;

(d)enter and inspect the premises at or from which any person
manufactures, sells or otherwise deals in apparatus that may be used
for telecommunication and require the production to him of any
books or documents relating to such apparatus.

(2) 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.

(3) The Authority or any public officer may

(a)break open any outer or inner door of any place that he is empowered
or authorized by or under this Ordinance to enter and search;





(b)forcibly board any vessel, aircraft or vehicle that he is empowered
by this Ordinance to board and search;
(e)remove by force any person or thing obstructing any arrest,
detention, search, inspection, seizure or removal that he is
empowered by this Ordinance to make;
(d)detain any person found in any place that he is empowered or
authorized by or under this Ordinance to search until such place
has been searched;
(e)detain any vessel or aircraft that he is empowered by this
Ordinance to board and search, and prevent any person from
approaching or boarding such vessel or aircraft, until it has been
searched;
(f)detain any vehicle that he is empowered by the Ordinance to
search until it has been searched.

36. Forfeiture

A magistrate or the court may, upon application by or on behalf of the
Authority or by any public officer, order that any apparatus in respect of which
there has been a contravention or attempted contravention of this Ordinance
shall be forfeited to the Crown, whether or not proceedings have been taken
against any person in respect of the contravention or attempted contravention.

37. Regulations

(1) The Governor in Council may by regulation provide for-
(a) the control and conduct of means of telecommunication;
(b)the operation and use of apparatus for telecommunication or
apparatus that generates and emits radio waves;
(c)the prohibition and control of electrical or radiated interference
with the working of apparatus for telecommunication;
(d)the conditions and restrictions subject to which messages may be
transmitted or received;
(e)the period for which, and the conditions subject to which,
messages and other documents connected with a telecom-
munication service shall be preserved;
(f)fees for searching for messages or other documents connected
with a telecommunication service;
(g)the licences and permits that may be granted by the Authority
and the fees payable on the grant or renewal of any such licences
or permits;
(h)the examination of persons in connection with the operation
of apparatus for radiocommunication and the grant and





endorsement of certificates of competency in the operation of such
apparatus and the fees payable in respect of any such examination;

(i)the issue of certificates of competency in radiocommunication and
authorities to operate authorizing persons to hold positions in
radiocommunication stations and the cancellation or suspension of
any such authority.

(2) 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 of $2,000 and
imprisonment for 12 months.

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

(a)constitute the Authority as the sole authority for the making of tests
and measurements in respect of electrical or radiated interference;

(b)confer upon the Authority the power to determine the measuring
apparatus to be used, the method by which and the conditions under
which tests are to be made and the manner to be used in computing
the amount of any such interference from readings afforded by the
measuring apparatus;

(c)in respect of any specified class or classes of apparatus confer upon
the Authority, with or without restriction, the power to fix, in such
manner as may be specified in the regulations, the limits of any such
interference at any frequency or within any frequency range, whether
in substitution for or by way of amendment of limits, frequencies or
frequency ranges specified in any regulations made under that
paragraph, or otherwise; and

(d)provide for the issue by magistrates of warrants empowering the
Authority, or any public officer authorized in writing in that behalf by
the Authority, to enter and search any premises, vessel, aircraft or
vehicle and to examine and test any apparatus found thereon or
therein in cases where access to such premises, vessel, aircraft or
vehicle has been demanded, or permission to examine or test any
such apparatus has been requested, but in either case has been
unreasonably refused. (Added26of1966s.3)

38. (Repealed 69 of 1983 s. 5)

39. Exemption

(1) The Governor 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.





(2) 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)

40. Transitional provisions

(1) Any licence granted under the repealed Telecommunication
Ordinance (18 of 1936) by the Governor in Council that is in force at the
commencement of this Ordinance shall be deemed to have been granted by the
Governor in Council under and in accordance with this Ordinance.
(2) Any telecommunication 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.

41. Validation

For the avoidance of doubt, it is declared that where at any time before the
commencement of the Telecommunication (Amendment) Ordinance 1982 (57 of
1982) the Authority granted any licence in purported exercise of its powers
under section 7 relating to a broadcast relay station or closed circuit television,
such grant shall not be invalid by reason only that any such licence was not at
that time a licence specified in the second column of the First Schedule to the
Telecommunication Regulations (Cap. 106 sub. leg.).
(Added 57 of 1982 s. 2)

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