HK Cap. 106 — Telecommunications Ordinance

To make better provision for the licensing and control of telecommunications, telecommunications services and telecommunications apparatus and equipment. (Amended 36 of 2000 s. 28 ) [1 January 1963] (Format changes— E.R. 2 of 2012 ) Part 1 Preliminary 1. Short title This Ordinance may be cited as the Telecommunications Ordinance . (Replaced 36 of 2000 s. 2 ) 2. Interpretation (1) In this Ordinance, unless the context otherwise requires— air transhipment cargo ( 航空轉運貨物 ) has the meaning assigned to it in section 2 of the Import and Export Ordinance ( Cap. 60 ); (Added 33 of 2003 s. 3 ) air transit cargo ( 航空過境貨物 ) means any article in transit that is both imported and consigned for export in an aircraft; (Added 33 of 2003 s. 3 ) article in transit ( 過境物品 ) has the meaning assigned to it in section 2 of the Import and Export Ordinance ( Cap. 60 ); (Added 33 of 2003 s. 3 ) assign ( 指配 ) includes specify; Authority ( 管理局 ) means the Communications Authority established by section 3 of the Communications Authority Ordinance ( Cap. 616 ); (Added 17 of 2011 s. 28 ) basic service ( 基本服務 ) means— (a) a public switched telephone service including the service connection, continued provision of connectivity, provision of a dedicated telephone number, an appropriate directory listing (except where the customer otherwise directs), a standard telephone handset without switching capacity (except where the customer elects to provide the handset), standard billing and collection services and relevant ancillary services and facilities necessarily utilized by the licensee; (b) a reasonable number of public payphones including payphones located within publicly or privately owned facilities to which the public have access (including intermittent access); (c) a reasonable number of public payphones, designed for ease of effective use by the hearing impaired; (d) a reasonable number of public payphones, designed for access by the physically disabled, including but not limited to those persons using wheelchairs; (e) operator provided directory enquiries, fault reporting, service difficulty and connection services; (f) a tropical cyclone warning service; (g) a thunderstorm and heavy rain warning service; (h) a flood warning service; (i) access to a number or numbers for emergency services; and (j) such other service, as the Authority may include, under regulations made under section 37 ; cargo transhipment area of Hong Kong International Airport ( 機場貨物轉運區 ) has the meaning assigned to it in section 2 of the Import and Export Ordinance ( Cap. 60 ); (Added 33 of 2003 s. 3 ) carrier licence ( 傳送者牌照 ) means a licence issued for the establishment or maintenance of a telecommunications network for carrying communications to or from the public between fixed locations, between moving locations or between fixed locations and moving locations, within Hong Kong, or between Hong Kong and places outside Hong Kong, on a point-to-point, point-to-multipoint or broadcasting basis, such locations within Hong Kong being separated by unleased Government land, but does not include the licences listed in Schedule 1 ; (Amended 30 of 2003 s. 2 ) carrier licensee ( 傳送者牌照持牌人 ) means the holder of a carrier licence; class licence ( 類別牌照 ) means a licence gazetted by the Authority under section 7B ; communication ( 通訊 ) includes any communication— (a) whether between persons and persons, things and things or persons and things; and (b) whether in the form of speech, music or other sounds; or text; or visual images whether or not animated; or signals in any other form or combination of forms; customer equipment ( 顧客設備 ) means equipment acquired by a customer of a carrier licensee intended to be connected to the network of that licensee; dominant position ( 優勢 ) means dominant position construed in accordance with the provisions of section 7Q and the words dominance and dominant shall also be construed accordingly; (Amended 14 of 2012 s. 176 ) exclusive licence ( 專利牌照 ) means any licence issued on an exclusive basis for operation or provision of telecommunications networks, systems, installations or services; external services ( 對外服務 ) means telecommunications services between— (a) Hong Kong and one or more places outside Hong Kong; or (b) two or more places outside Hong Kong where the services are routed through Hong Kong; fixed carrier licence ( 固定傳送者牌照 ) means a carrier licence issued for communication between fixed locations; fixed carrier licensee ( 固定傳送者牌照持牌人 ) means the holder of a fixed carrier licence; harmful interference ( 有害干擾 ) means interference which endangers the safety of life or property or seriously degrades, obstructs, or repeatedly interrupts a telecommunications service lawfully carried on within or outside Hong Kong; interconnection agreement ( 互連協議 ) means an agreement of a type mentioned in section 36A whether made by mutual agreement or pursuant to a determination under that section; interference ( 干擾 ) means the effect of unwanted energy due to any, or a combination of, emission, radiation or induction upon reception in a telecommunications network, system or installation manifested by any performance degradation, misinterpretation or loss of information which could be extracted from that telecommunications network, system or installation in the absence of such unwanted energy; issue ( 發出 ) includes grant; licensee ( 持牌人 )— (a) means the holder of a licence under this Ordinance; (b) includes the holder of a licence (other than a programme service licence)— (i) granted under the Ordinance repealed by section 44(1) of the Broadcasting Ordinance ( Cap. 562 ); (ii) in force immediately before that repeal; and (iii) deemed to be a licence granted under this Ordinance by virtue of Schedule 8 to the Broadcasting Ordinance ( Cap. 562 ); (Replaced 48 of 2000 s. 44 ) message ( 訊息 ) means any communication sent or received by telecommunications or given to a telecommunications officer to be sent by telecommunications or to be delivered; network ( 網絡 ) means a telecommunications network; number portability ( 號碼可攜性 ) means the ability for a customer of a telecommunications service to retain the number or code assigned to him when he changes the location of use or the provider of that service; numbering plan ( 號碼計劃 ) means the Hong Kong telecommunications numbering plan which sets out the plan of numbers and codes used or designed for use for or in connection with the establishment, operation and maintenance of any means of telecommunications under— (a) a licence; or (b) an order made by the Chief Executive in Council under section 39 ; operative guideline ( 有效指引 ), in relation to an act or omission, means a guideline issued by the Authority under section 6D that is in force at the time of the act or omission; (Added 38 of 2021 s. 3 ) payphone ( 收費電話機 ) means a telephone connected to a public telecommunications system which cannot be used to make a call (other than specified free calls) unless payment can be collected, or authorized, at the time a call is made; public place ( 公眾地方 ) means a place to which the public or a section of the public may or are permitted to have access from time to time, whether by payment or not, but does not include a vessel, aircraft, vehicle or other means of transport; public telecommunications service ( 公共電訊服務 ) means a telecommunications service which is offered for use to the general public; radiated interference ( 輻射干擾 ) means any interference transmitted other than through a guided medium; radio spectrum ( 無線電頻譜 ) means the range of frequencies within which radiocommunications are capable of being carried out; radio transmitter ( 無線電發射器 ) means any radiocommunications apparatus designed or intended to transmit or emit radio waves; radio waves ( 無線電波 ) means electromagnetic waves of frequency lower than 3 000 GHz propagated in space without an artificial guide; (Amended E.R. 1 of 2019 ) radiocommunications ( 無線電通訊 ) means telecommunications by means of radio waves; radiocommunications installation ( 無線電通訊裝置 ) means a radio transmitter, receiver, aerial, support structure, ancillary equipment or apparatus used or intended for use in connection with radiocommunications; radiocommunications transmitting apparatus ( 無線電通訊發送器具 ) means any apparatus or any component part of any apparatus for transmission by radio waves; (Added 33 of 2003 s. 3 ) Secretary ( 政策局局長 ) means the Secretary of a policy bureau in the Government Secretariat appointed by the Chief Executive for the purposes of the administration of this Ordinance; sound broadcast receiving apparatus ( 聲音廣播接收器具 ) means an apparatus which is capable of receiving sound only, transmitted by means of radiocommunications or by wire for reception by the general public; space object ( 空間物體 ) has the meaning assigned to it in section 2 of the Outer Space Ordinance ( Cap. 523 ); telecommunications ( 電訊 ) means any transmission, emission or reception of communication by means of guided or unguided electromagnetic energy or both, other than any transmission or emission intended to be received or perceived directly by the human eye; telecommunications industry ( 電訊業 ) means the industry comprising the persons who provide or supply telecommunications networks, systems, installations, customer equipment or services; telecommunications installation ( 電訊裝置 ) means apparatus or equipment maintained for or in connection with a telecommunications network, telecommunications system or telecommunications service; telecommunications line ( 電訊線路 ) means any wire, cable, duct, optical fibre, filament, line, pipe, pole, post, tube, conduit, support structure, ancillary equipment or apparatus or other physical medium used or intended for use as a continuous artificial guide for or in connection with telecommunications; telecommunications market ( 電訊市場 ) means any market for the provision or acquisition of telecommunications networks, telecommunications systems, telecommunications installations, telecommunications services, or customer equipment; (Amended 14 of 2012 s. 176 ) telecommunications network ( 電訊網絡 ) means a system, or series of systems, for carrying communications by means of guided or unguided electromagnetic energy or both; telecommunications officer ( 電訊人員 ) means any person employed in connection with a telecommunications service; telecommunications service ( 電訊服務 ) means a service for the carrying of communication by means of guided or unguided electromagnetic energy or both; telecommunications system ( 電訊系統 ) means any telecommunications installation, or series of installations, for the carrying of communication by means of guided or unguided electromagnetic energy or both; transhipment cargo ( 轉運貨物 ) has the meaning assigned to it in section 2 of the Import and Export Ordinance ( Cap. 60 ); (Added 33 of 2003 s. 3 ) underground telecommunications line ( 地下電訊線路 ) means a telecommunications line located below ground level in any land that is not seabed; (Added 38 of 2021 s. 3 ) universal service obligation ( 全面服務責任 ) means the provision of a good, efficient and continuous basic service by a carrier licensee subject to a universal service obligation to all persons within the areas of Hong Kong covered by that obligation; vehicle ( 車輛 ) has the meaning assigned to it in section 2 of the Import and Export Ordinance ( Cap. 60 ); (Added 33 of 2003 s. 3 ) vessel ( 船隻 ) has the same meaning as defined in the Shipping and Port Control Ordinance ( Cap. 313 ). (Amended 17 of 2011 s. 28 ; 14 of 2012 s. 176 ) (2) For the avoidance of doubt, it is hereby declared that— (a) a notice under section 7C(1) and an order under section 32J(4) are not subsidiary legislation; (b) an order under section 32I(1) or 32K(6) is subsidiary legislation. (Replaced 36 of 2000 s. 2 ) 3. Application to State (Amended 4 of 2024 s. 4 ) Save as otherwise expressly provided, this Ordinance does not bind the State or apply to any means of telecommunications established or maintained by the State or to any apparatus for telecommunications possessed or used by the State for the purpose of or in connection with any such means of telecommunications. (Amended 36 of 2000 s. 28 ; 4 of 2024 s. 4 ) 4. Saving of State rights (Amended 4 of 2024 s. 4 ) Nothing in this Ordinance prevents the State from establishing and maintaining any means of telecommunications to the exclusion of all other persons. (Amended 36 of 2000 s. 28 ; 4 of 2024 ss. 4 & 9 ) Part 2 Powers of Authority (Amended 17 of 2011 s. 28) 5. (Repealed 17 of 2011 s. 28 ) 6. (Repealed 17 of 2011 s. 28 ) 6A. Powers of Authority (1) The Authority may do all things necessary to be done to perform its functions under this Ordinance. (2) The Secretary may issue written policy directions to the Authority pursuant to which the Authority is to carry out its functions and exercise its powers. (3) In exercising its powers under this Ordinance, the Authority when— (Amended 17 of 2011 s. 28 ) (a) forming an opinion or making a determination, direction or decision under this Ordinance shall only do so on reasonable grounds and having regard to relevant considerations; (b) forming an opinion or making a determination, direction or decision under this Ordinance— (i) shall provide reasons in writing for it; (ii) shall not depart from guidelines issued under section 6D which are applicable to the subject matter of the opinion, determination, direction or decision, as the case may be, unless it has provided reasons in writing for the departure. (4) A policy direction issued under subsection (2) may include a direction not to issue, before a date specified in the direction, any new licence of a type which may be issued under section 7(5) . (5) A policy direction issued under subsection (2) shall be published in the Gazette as soon as practicable after its issue. (Added 36 of 2000 s. 3 . Amended 17 of 2011 s. 28 ) 6B. (Repealed 14 of 2012 s. 176 ) 6C. Consultation Before performing any function or exercising any power under this Ordinance, the Authority may consult with— (a) the persons who may be directly affected by the performance of that function or the exercise of that power, as the case may be; or (b) members of the public. (Added 36 of 2000 s. 3 ) 6D. Guidelines (1) Subject to subsection (4), the Authority may, for the purpose of providing practical guidance in respect of any provisions of this Ordinance, issue such guidelines as in its opinion are suitable for that purpose. (Amended 17 of 2011 s. 28 ) (2) Without prejudice to the generality of subsection (1), the Authority shall, as soon as is practicable, issue guidelines— (a) indicating the manner in which it proposes to perform its function of determining applications for licences which may be issued by it, including the licensing criteria and other relevant matters it proposes to consider; (aa) (Repealed 14 of 2012 s. 176 ) (b) subject to subsection (3), on the application of the principle referred to in section 14(6)(a) in any arbitration proceedings. (Amended 17 of 2011 s. 28 ) (2A) (Repealed 14 of 2012 s. 176 ) (3) Without prejudice to the generality of section 6C , the Authority shall, before issuing guidelines under subsection (2)(b) , carry out such consultation— (a) with the persons who may be affected by the operation of section 14(1A) ; and (b) on the factors to be taken into account for the purposes of subsection (2)(b) , as is reasonable in all the circumstances of the case. (4) Without prejudice to the generality of section 6C , the Authority shall, before issuing any guidelines— (a) for the purposes of the test of dominance prescribed in section 7Q(2) , carry out such consultation with the licensees in the relevant telecommunications market as is reasonable in all the circumstances of the case; (Amended 14 of 2012 s. 176 ) (b) setting out principles governing the criteria for any determination under section 36A(1) and the matters to be considered for the purposes of section 36A(3) and (3B) in the application of section 36A(3) and (3B) to any such determination, carry out such consultation with the telecommunications industry as is reasonable in all the circumstances of the case; (c) setting out principles governing the criteria for making a determination under section 36AA(6) , carry out such consultation with— (i) the telecommunications industry; and (ii) such other persons who may be directly affected by such a determination, as is reasonable in all the circumstances of the case. (Added 36 of 2000 s. 3 ) Part 3 Control of Telecommunications 7. Issue of licences (1) Subject to Part 3A , the Chief Executive in Council may, for an exclusive licence under this Ordinance— (Amended E.R. 2 of 2012 ) (a) determine the conditions of the licence including (but not limited to)— (i) the period of validity; (ii) the payment of fees and royalty; (iii) the frequency of any payments; (b) grant the licence; and (c) publish notice of the grant of the licence as he sees fit. (2) The Secretary may by regulations prescribe— (a) the general conditions, including the period of validity, for a carrier licence other than an exclusive licence; and (b) the fees payable including for the grant and renewal of a carrier licence other than an exclusive licence and by way of annual fees. (3) Before making a regulation under subsection (2), the Secretary shall— (a) by notice in the Gazette invite members of the public who are interested to make representations by a date not less than 21 days after the notice is published and as specified in the notice; and (b) consider the representations received by the date. (4) The Secretary may by order published in the Gazette amend Schedule 1 . (Amended 30 of 2003 s. 4 ) (5) The Authority may issue a licence other than an exclusive licence. (6) For licences other than exclusive licences and carrier licences, the Authority may determine— (a) the form of licences; (b) the conditions of licences; (c) the period for which a licence is valid; (d) the types of licences, including class licences, to be issued; (e) the fees payable including for the grant and renewal of licences and by way of annual fees. (7) Without limiting the general nature of the conditions that may be prescribed for or attached to a licence, the conditions may relate to— (a) the manner of service provision; (b) interconnection; (c) interference; (d) adherence to technical standards; (e) compliance with directions, guidelines, codes of practice, regulations, this Ordinance and international obligations; (f) universal service obligations; (g) accounting practices; (h) the provision of information; (i) tariffs; (j) network coordination; (k) protecting customer information; (l) prohibiting unfair market practice; (m) the regulation of a dominant licensee; (n) the provision of performance bonds. (8) The Authority shall publish in the Gazette the form of a licence it issues together with the general conditions to be imposed under the licence. (Amended 17 of 2011 s. 28 ) (9) The Authority shall maintain a register of licences and general conditions it publishes in the Gazette. (Amended 17 of 2011 s. 28 ) (10) The Authority may authorize the provision of ancillary and associated services under a licence and, where such services are so authorized, the licence shall be deemed to be granted in respect of those services. (11) Where the Authority refuses to issue a licence to a person, it shall provide to the person its reasons in writing for the refusal. (Amended 17 of 2011 s. 28 ) (12) Where a licence which may be issued under subsection (5) relates to the use of spectrum which under section 32I is subject to the payment of spectrum utilization fee— (a) by the user of the spectrum; and (b) the method for determining which is prescribed under section 32I(2)(b) , then the Authority may, in determining applications for the licence, regard the fees, if any, arising or resulting from that method as a determining factor in relation to those applications. (Added 12 of 2001 s. 2 ) (Replaced 36 of 2000 s. 4 ) 7A. Special licence conditions The Authority may attach special conditions, consistent with this Ordinance and not inconsistent with the prescribed general conditions, to a licence it is empowered to issue, including special conditions on a carrier licence in addition to the prescribed general conditions and which special conditions are to be interpreted subject to the prescribed general conditions. (Added 36 of 2000 s. 4 . Amended 17 of 2011 s. 28 ) 7AB. Non-carrier licences (1) The Secretary may by notice published in the Gazette specify a licence as a non-carrier licence. (2) A notice published under subsection (1) is not subsidiary legislation. (3) In this section— non-carrier licence ( 非傳送者牌照 ) means a licence issued for the establishment or maintenance of a telecommunications network, or telecommunications system, for carrying communications between locations within Hong Kong to provide a restrictive telecommunications service; restrictive telecommunications service ( 受局限電訊服務 ) means a telecommunications service that is more restrictive, in terms of the geographical coverage, scope, scale or customer base of the service, than one authorized to be provided under a carrier licence. (Added 38 of 2021 s. 4 ) 7B. Class licences (1) A class licence gives a person the right to carry on the activities specified in the class licence that are prohibited under section 8(1) except under a licence subject to the conditions of the class licence. (2) The Authority may create a class licence for telecommunications networks, systems, installations or services. (3) Before creating a class licence, the Authority shall— (a) by notice in the Gazette invite members of the public who are interested to make representations by a date not less than 21 days after the notice is published and as specified in the notice; and (b) consider the representations received by the date. (4) The Authority shall not create a class licence— (a) for a telecommunications network, system, installation or service that is subject to an exclusive licence; or (b) for a telecommunications network, system, installation or service subject to the requirement for a carrier licence. (5) The Authority shall ensure that a class licence is consistent with any general policy directions issued by the Secretary and any regulations made under this Ordinance. (6) The Authority shall publish a class licence in the Gazette specifying— (a) the telecommunications networks, systems, installations or services that eligible persons may supply or use; (b) the conditions of the class licence; and (c) the qualification that a person is required to possess before he is eligible to be licensed under the class licence. (7) Without limiting the general nature of the conditions that may be prescribed for or attached to a licence, the Authority may include in the conditions for a class licence— (a) the scope of the telecommunications network, system, installation or service; (b) technical and operational standards for the supply of the telecommunications network, system, installation or service; (c) the manner in which the person is to supply the telecommunications network, system, installation or service; (d) the location in which the person is to supply the telecommunications network, system, installation or service; (e) the rights of consumers in the supply of the telecommunications network, system, installation or service; (f) interconnection requirements for the telecommunications network, system, installation or service; (g) a requirement for the person to supply information including technical, financial and accounting information for the telecommunications network, system, installation or service; (h) a requirement for the person to publish tariffs for the service or the different classes of service provided under the class licence; (i) requirements to ensure fairness and quality of the services supplied; (j) requirements to ensure the person complies with fair market conduct; (k) a requirement for the person to register with the Authority before the supply of the telecommunications network, system, installation or service can commence; (l) a requirement to adhere to the numbering plan; (m) a prohibition on the illegal use of the telecommunications network, system, installation or service; (n) any safety requirements; and (o) any other provision that the Authority considers necessary for the control of activities under a class licence. (Added 36 of 2000 s. 4 ) 7C. Variation of class licence (1) The Authority may vary the conditions of a class licence by notice in the Gazette. (2) The Authority may in varying a class licence— (a) specify further telecommunications networks, systems, installations or services that a person may supply under the licence; (b) vary or revoke the type of telecommunications network, system, installation or service that a person may supply under the licence; (c) add conditions to the licence; and (d) vary or revoke conditions in the licence. (3) The Authority shall not vary a class licence so that it is inconsistent with— (a) a general policy direction of the Secretary; (b) the regulations made under this Ordinance; or (c) the rights of an exclusive licensee or a carrier licensee. (4) Before varying a class licence, the Authority shall by notice in the Gazette— (a) state that it proposes to vary the class licence specified in the notice; (Amended 17 of 2011 s. 28 ) (b) state the subject matter of the variations to the class licence; (c) set out where a member of the public may purchase a copy of the class licence and the proposed variations; (d) invite members of the public who are interested to make representations by a date set out in the notice; and (e) give an address to which a member of the public may send representations about the proposed variation. (5) A person may make representations to the Authority on the proposed variation to the class licence not later than the date set out in the notice in the Gazette. (6) Before varying a class licence, the Authority shall consider all representations made by any person. (7) The Authority may vary a class licence if the requirements of this section are substantially complied with. (Added 36 of 2000 s. 4 ) 7D. Register of class licences (1) The Authority shall keep a register of the types of class licences it has created. (Amended 17 of 2011 s. 28 ) (2) For those class licences that specify that the licensee shall be registered with the Authority, the Authority shall keep a register of the registered licensees. (3) The Authority shall keep the registers available for public inspection during the normal business hours of the Authority. (Added 36 of 2000 s. 4 ) 7E. Permits (1) The Authority may issue a permit to a person to carry out an activity prohibited under section 8 for a period not exceeding 6 months— (a) for the purpose of a field test; (b) for the purpose of a demonstration; (c) in connection with an event; or (d) for a purpose that the Authority determines. (2) The Authority may issue a permit subject to conditions necessary or desirable for the regulation of telecommunications under this Ordinance. (Added 36 of 2000 s. 4 ) 7F. Tariffs (1) A licensee shall publish its tariffs in accordance with the requirements of its licence or directions issued in writing by the Authority. (2) A licensee shall include in the published tariffs the terms on which the telecommunications service is provided including— (a) a description of the service; (b) discounts, allowances, rebates or credits given or allowed on the supply of the service; (c) the supply of goods or other services related to the service; (d) the payment for goods or other services related to the service; and (e) any other relevant information that the Authority considers necessary as a part of the terms and conditions. (3) A carrier licensee shall not, without the Authority’s prior written consent, combine a number of telecommunications services into a single tariff without offering to its customers the services separately at individual tariffs. (4) The Authority may require a carrier licensee to provide a telecommunications service, which the licensee includes in a tariff for a combination of a number of telecommunications services, separately at a specified single tariff. (Added 36 of 2000 s. 4 ) 7G. Price control The Secretary may by regulations provide— (a) for a fixed carrier licensee who is in a dominant position in a telecommunications market to be subject to the price control measures that the Secretary determines on the advice of the Authority; and (b) for a carrier licensee who is in a dominant position in a telecommunications market specified by the Authority for the purposes of tariff control not to charge more or less than its published tariffs. (Added 36 of 2000 s. 4 ) 7H. Accounting practices A licensee shall adopt the accounting practices, consistent with accounting principles generally accepted, that the Authority specifies. (Added 36 of 2000 s. 4 ) 7I. Information (1) A person who provides or offers a public telecommunications service shall supply the Authority in the manner and at the times the Authority requests the information relating to its business that the Authority may reasonably require to perform its functions, or exercise its powers, in order to ensure the person’s compliance with the provisions of this Ordinance, licence conditions, and the determinations and directions of the Authority, applicable to the person. (Amended 17 of 2011 s. 28 ) (2) A person shall not refuse to supply information reasonably requested under subsection (1) on the basis that the information is the subject of a confidentiality agreement that prevents the person from releasing the information. (3) The Authority may disclose information supplied to it under this section subject to the requirement in subsection (4) and if the Authority considers that it is in the public interest to disclose that information. (Amended 17 of 2011 s. 28 ) (4) The Authority shall give the person supplying the information a reasonable opportunity to make representations on a proposed disclosure of information obtained under this section before the Authority makes a final decision to disclose the information if the Authority considers that the disclosure— (a) would result in the release of information concerning the business, commercial or financial affairs of the person supplying the information; and (b) could reasonably be expected to affect adversely the person’s lawful business, commercial or financial affairs. (5) For the avoidance of doubt, it is hereby declared that where a person supplies information reasonably requested under subsection (1) notwithstanding that the information is the subject of a confidentiality agreement with another person that prevents the first-mentioned person from releasing the information, the first-mentioned person shall not be liable for any civil liability or claim whatever in respect of the supply of that information contrary to that agreement. (6) Nothing in this section shall require a person to supply information which the person could not be compelled to give in evidence, or produce, in civil proceedings before the Court of First Instance. (Added 36 of 2000 s. 4 ) 7J. Inspection, etc., of facilities (1) The Authority may, on giving reasonable prior written notice to a licensee, enter and inspect the offices, premises and places in Hong Kong where the licensee has installed a facility (including equipment associated with the facility), or used for providing services, to verify that the licensee is complying with the licence conditions. (2) A licensee shall provide and maintain, up to the reasonable technical standards set by the Authority, facilities to enable the Authority to inspect, test, read or measure, as the case may require, any telecommunications installations, equipment (including but not limited to testing instruments), premises or places used or to be used for the installation of a telecommunications facility or the provision of a telecommunications service. (3) A licensee may, at its option, and shall, on the prior written request of the Authority, and subject to the Authority giving reasonable prior written notice, provide a representative to be present at any inspection, testing, reading or measurement by the Authority. (4) The Authority may, on giving reasonable prior written notice to a licensee, direct the licensee to demonstrate that a telecommunications installation complies with the technical requirements imposed under this Ordinance and regulations made under this Ordinance or any other directions that the Authority issues under this Ordinance or regulations made thereunder. (5) A licensee shall provide adequate testing instruments and operating staff for the purposes of this section and otherwise comply with the directions of the Authority under this section. (6) The Authority shall not exercise its power under subsection (1) in respect of any office, premises or place in such a way as to disrupt any operations being carried on therein— (Amended 17 of 2011 s. 28 ) (a) by a licensee or any other person; and (b) any more than is necessary for the proper exercise of that power in all the circumstances of the case. (Added 36 of 2000 s. 4 ) 7K. (Repealed 14 of 2012 s. 176 ) 7L. (Repealed 14 of 2012 s. 176 ) 7M. (Repealed 25 of 2012 s. 37 ) 7N. (Repealed 14 of 2012 s. 176 ) 7O. Transitional provisions applicable to the repealed section 7 Where, immediately before the commencement of section 4 of the Telecommunication (Amendment) Ordinance 2000 ( 36 of 2000 ), there was in existence a licence granted or deemed to be granted under section 7 , then, on and after that commencement, the licence shall, for the unexpired period of validity it had left to run immediately before that commencement and subject to the same conditions to which it was subject immediately before that commencement, be deemed to be a licence granted under this Ordinance, and the other provisions of this Ordinance (including any power under this Ordinance to cancel, withdraw or suspend a licence granted under this Ordinance) shall apply accordingly. (Added 36 of 2000 s. 4 ) 7P. (Repealed 14 of 2012 s. 176 ) 7Q. Exploitative conduct (1) A licensee in a dominant position in a telecommunications market must not engage in conduct that in the opinion of the Authority is exploitative. (2) A licensee is in a dominant position if, in the opinion of the Authority, it is able to act without significant competitive restraint from its competitors and customers. (3) In considering whether a licensee is dominant, the Authority must take into account relevant matters including, but not limited to— (a) the market share of the licensee; (b) the licensee’s power to make pricing and other decisions; (c) any barriers to entry to competitors into the relevant telecommunications market; (d) the degree of product differentiation and sales promotion; (e) any other relevant matters specified in guidelines issued under section 6D for the purposes of this section. (4) Without limiting subsection (1), the Authority may consider the following conduct to be exploitative— (a) fixing and maintaining prices or charges at an excessively high level; and (b) setting unfair trading terms and conditions, for or in relation to the provision of interconnection of the type referred to in section 36A(3D) . (Added 14 of 2012 s. 176 ) (Format changes— E.R. 1 of 2016 ) 8. Prohibition of establishment and maintenance of means of telecommunications, etc., except under licence (1) Save under and in accordance with a licence granted by the Chief Executive in Council or with the appropriate licence granted or created by the Authority, a person must not in Hong Kong or on board any ship, aircraft or space object that is registered or licensed in Hong Kong— (Amended 39 of 1990 s. 3 ; 74 of 1990 s. 104 (3); 36 of 2000 s. 5 ; 4 of 2024 ss. 5 & 9 ) (a) establish or maintain any means of telecommunications; or (aa) offer in the course of business a telecommunications service; or (Added 36 of 2000 s. 5 ) (b) possess or use any apparatus for radiocommunications or any apparatus of any kind that generates and emits radio waves notwithstanding that the apparatus is not intended for radiocommunications; or (c) deal in the course of trade or business in apparatus or material for radiocommunications 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 radiocommunications; or (d) demonstrate, with a view to sale in the course of trade or business, any apparatus or material for radiocommunications. (Amended 36 of 2000 s. 28 ) (1A) For the purpose of subsection (1)(aa) , a person is to be regarded as offering a telecommunications service if— (a) he makes an offer which, if accepted, would give rise to an agreement, arrangement or understanding for the provision of a telecommunications service by him or by another person with whom he has made an arrangement for the provision of the telecommunications service; or (b) he invites a person to make an offer of the kind referred to in paragraph (a). (Added 36 of 2000 s. 5 ) (2) For the avoidance of doubt, it is hereby declared that the fact that the person from whom any apparatus for telecommunications is loaned, leased or hired, or the person maintaining a means of telecommunications of which other apparatus forms part or with which other apparatus is connected, is the holder of a licence granted under this Ordinance, does not exempt the person to whom the apparatus is loaned, leased or hired, or the person maintaining, possessing or using the apparatus forming part of, or connected with, such means of telecommunications, as the case may be, from the necessity to obtain such licence or licences as may be required under this Ordinance. (Amended 36 of 2000 s. 28 ) (3) (Repealed 40 of 1995 s. 7 ) (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 Government land, to outlet points in one building or in more than one building if such buildings are owned by the same person television programmes provided by any company licensed under the Broadcasting Ordinance ( Cap. 562 ); or (Added 57 of 1973 s. 2 . Amended 29 of 1998 s. 105 ; 48 of 2000 s. 44 ) (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 Government land, if— (Amended 29 of 1998 s. 105 ) (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. (Added 57 of 1973 s. 2 . Amended 62 of 1973 s. 2 ) (5) Notwithstanding anything contained in subsection (1)(b) , no licence shall be required for possession of radiocommunications transmitting apparatus if such apparatus is an article the import or export of which is exempted under section 9A , 9B or 9C . (Added 33 of 2003 s. 3 ) 9. Control of import and export of radiocommunications 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 radiocommunications transmitting apparatus unless he is the holder of a licence authorizing him to deal in the course of trade or business in such apparatus. (Amended 33 of 2003 s. 3 ) 9A. Application of section 9 to air transit or air transhipment cargo (1) Section 9 does not apply in relation to radiocommunications transmitting apparatus that is air transit cargo or air transhipment cargo; but if at any time between its being brought into and taken out of Hong Kong such apparatus is removed from the cargo transhipment area of Hong Kong International Airport then, for the purposes of section 9 — (Amended 36 of 2000 s. 6 ) (a) the apparatus is deemed to be imported at the time of such removal; and (b) the person who brought the apparatus, or caused it to be brought, into Hong Kong as air transit cargo or air transhipment cargo is deemed to be the person who imports the apparatus at the time of its removal, and, except to that extent, that section has effect as if this subsection had not been enacted. (2) (a) For the purpose of the issue of a permit as is mentioned in section 9 for the import of radiocommunications transmitting apparatus, the import of such apparatus that is air transit cargo or air transhipment cargo does not take place unless and until the apparatus is removed from the cargo transhipment area of Hong Kong International Airport other than for the purpose of its being taken out of Hong Kong by air. (b) Nothing in this section precludes the issue of a permit as is mentioned in section 9 for the export of radiocommunications transmitting apparatus that is air transit cargo or air transhipment cargo only because the apparatus has been removed from the cargo transhipment area of Hong Kong International Airport. (Amended 36 of 2000 s. 6 ) (3) In proceedings against a person for an offence under section 21 , being proceedings— (a) in relation to the import or export of radiocommunications transmitting apparatus that is air transit cargo or air transhipment cargo; and (Amended 36 of 2000 s. 6 ) (b) in which it is necessary for the prosecution to prove that, at any time between its being brought into and taken out of Hong Kong, the apparatus was removed from the cargo transhipment area of Hong Kong International Airport, it is a defence for the person to show that he took all reasonable steps and exercised reasonable diligence to avoid such removal occurring or that he reasonably believed that such removal had not occurred, as the case may be. (4) Where in any proceedings the defence provided by subsection (3) involves an allegation that the commission of the offence was due to— (a) the act or default of another person; or (b) reliance on information given by another person, the defendant is not, without the leave of the court, entitled to rely on the defence unless, not less than 10 days before the hearing of the proceedings, he has served a notice in writing on the prosecutor giving all particulars of— (i) the person who committed the act or default or gave the information; and (ii) the act, default or information, of which he is aware at the time he serves the notice. (5) A person is not entitled to rely on the defence provided by subsection (3) by reason of his reliance on information supplied by another person, unless he shows that it was reasonable in all the circumstances for him to have relied on the information, having regard in particular to— (a) the steps which he took, and those which might reasonably have been taken, for the purpose of verifying the information; and (b) whether he had any reason to disbelieve the information. (6) (Repealed 33 of 2003 s. 3 ) (Added 29 of 2000 s. 3 ) 9B. Application of section 9 to article in transit Section 9 does not apply in relation to radiocommunications transmitting apparatus that is an article in transit other than air transit cargo exempted under section 9A . (Added 33 of 2003 s. 3 ) 9C. Application of section 9 to transhipment cargo (1) Subject to subsection (2), section 9 does not apply in relation to radiocommunications transmitting apparatus that is transhipment cargo other than air transhipment cargo exempted under section 9A if— (a) not later than one working day before the date of arrival of the apparatus, the Authority is given— (i) in respect of the apparatus a transhipment notification in such form and containing such information as may be specified by the Authority; and (ii) such other documents as the Authority may reasonably require in support of the notification; and (b) the apparatus remains at all times— (i) in or on the vessel, aircraft or vehicle which carries it into Hong Kong ( the first carrier ); (ii) in or on the vessel, aircraft or vehicle which carries it out of Hong Kong ( the second carrier ); or (iii) at the place of storage as specified in the transhipment notification ( the place of storage ), except during the transfer— (iv) from the first carrier to the second carrier; (v) from the first carrier to the place of storage; or (vi) from the place of storage to the second carrier. (2) Section 9 shall have effect as if subsection (1) had not been enacted if any person— (a) gives or causes to be given any information, which he knows or has reason to believe to be false, in a transhipment notification; or (b) gives incomplete information in a transhipment notification. (Added 33 of 2003 s. 3 ) 10. Control of use of radiocommunications apparatus on vessel in Hong Kong waters (1) Save as otherwise provided in this section, no radiocommunications apparatus on board a vessel (other than a ship of war) shall be used while the vessel is in the waters of Hong Kong notwithstanding that a licence, whether granted under this Ordinance or under the law of any other territory, is in force in respect of such apparatus. (2) When a vessel is under way in the waters of Hong Kong, radiocommunications apparatus on board the vessel may be used to communicate on minimum power with the nearest coast station, or, if communication with the nearest coast station is impracticable and the safe navigation of the vessel so requires, with a more distant coast station or another vessel. (Amended 69 of 1983 s. 3 ) (3) Radiocommunications apparatus on board a vessel that is in the waters of Hong Kong may be used, for the purpose of summoning assistance on an occasion of danger to the life of any person or to the vessel, to communicate with the nearest coast station or, if communication with the nearest coast station is impracticable, with a more distant coast station or another vessel. (Amended 36 of 2000 s. 7 ) (4) Where a person has been granted a licence for the purposes of section 8(1) to possess or use any apparatus for radiocommunications upon any vessel he may, subject to the terms of his licence, use such apparatus in the waters of Hong Kong for communication with the base station of the radiocommunications system of which the vessel is a mobile station or with another mobile station of that system. (5) Apparatus for radiocommunications upon any vessel may be used to communicate with a signal station as defined for the purposes of the Shipping and Port Control Ordinance ( Cap. 313 ), or any other station in connection with— (Amended 36 of 2000 s. 28 ) (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— (Amended 36 of 2000 s. 7 ) (a) the ship earth station shall operate in the maritime mobile satellite frequency band authorized by Inmarsat; (Amended 36 of 2000 s. 7 ) (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. A ); (ii) when any person is within a 4 metre radius of its antenna. (7) With the permission in writing of the Authority, radiocommunications apparatus on board a vessel in the waters of Hong Kong may be used for such period and for such purposes as the Authority may permit and, without derogation from the generality of the foregoing, such purposes may include the demonstration of any apparatus, tests in connection with the commissioning of any vessel and use in connection with any event. (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 ( 地球站 ) means an earth station approved by Inmarsat; (b) Inmarsat ( 國際移動衞星組織 ) means the International Mobile Satellite Organization established under the Convention on the International Mobile Satellite Organization ( Inmarsat ) (London 3 September 1976); (c) master ( 船長 ) and agent ( 代理人 ) 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 36 of 2000 s. 7 ) (Amended 69 of 1983 s. 3 ; 36 of 2000 s. 28 ) 11. Control of use of radiocommunications apparatus on aircraft in Hong Kong (1) Save as otherwise provided in this section, no radiocommunications apparatus on board an aircraft shall be used while the aircraft is at any aerodrome in Hong Kong, except for the purposes of air traffic control and air navigation or for testing prior to flight of the apparatus used for air traffic control and air navigation purposes, notwithstanding that a licence, whether granted under this Ordinance or the law of any other territory, is in force in respect of such apparatus. (2) With the permission in writing of the Authority, radiocommunications apparatus on board an aircraft that is at an aerodrome in Hong Kong may be used in the carrying out of experimental tests. (3) The Authority may permit the use, on such occasions or for such period as it specifies, of radiocommunications apparatus on board an aircraft that is at an aerodrome in Hong Kong. (Amended 17 of 2011 s. 28 ) (Amended 36 of 2000 s. 28 ) 12. No interference to telecommunications 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 radiocommunications apparatus in such a manner as to cause interference with any other means of telecommunications within Hong Kong. (Replaced 69 of 1983 s. 4 . Amended 36 of 2000 s. 28 ) 13. Possession of telecommunications stations taken by Government in emergencies (1) Where, in the opinion of the Chief Executive, an emergency has arisen in which it is expedient for the public service that the Government should have control over telecommunications stations, the Chief Executive, by warrant under his hand, may direct or cause such telecommunications stations as are specified in the warrant to be taken possession of and to be used for the service of the Government, and, subject thereto, for such ordinary service as may seem fit; or may direct and authorize such persons as he thinks fit to assume control of such telecommunications stations as he may specify and in such manner as he may direct. (2) Any such warrant must not have effect for a longer time than one week from the issuing thereof, but the Chief Executive may issue successive warrants from week to week as long as, in his opinion, such emergency continues. (3) The Government shall pay to the owner of any telecommunications station taken possession of under this section, as compensation for any loss of profit sustained by the company by reason of the exercise of the powers conferred by this section such sum as may be agreed between the Government and the owner by agreement or in case of difference, by arbitration. (Amended 36 of 2000 s. 28 ; 4 of 2024 ss. 6 & 9 ) Part 3A Sound Broadcasting Licences ( Part 3A added 51 of 1989 s. 3 ) 13A. Interpretation (1) For the purposes of this Part— broadcasting ( 廣播 ) means transmitting sound (otherwise than as part of a television broadcast) for general reception by means of radio waves; company ( 公司 ) has the meaning given by section 2(1) of the Companies Ordinance ( Cap. 622 ); (Amended 28 of 2012 ss. 912 & 920) corporation ( 法團 ) means a company or other body corporate; disqualified person ( 喪失資格的人 ) means— (a) (Repealed 23 of 2020 s. 11 ) (b) (Repealed 23 of 2020 s. 11 ) (c) a licensee; (d) (Repealed 23 of 2020 s. 11 ) (da) a person who is— (i) a domestic free television programme service licensee, or a domestic pay television programme service licensee, within the meaning of section 2(1) of the Broadcasting Ordinance ( Cap. 562 ); or (ii) an associate, within the meaning of that section, of a licensee referred to in subparagraph (i); (Added 48 of 2000 s. 44 ) (e) a person who exercises control of a corporation that is a person referred to in paragraph (c) or (da)(i) ; (Amended 48 of 2000 s. 44 ; 23 of 2020 s. 11 ) licence ( 牌照 ) means a licence granted under section 13C ; licensee ( 持牌人 ) means the holder of a licence granted under section 13C ; ordinarily resident in Hong Kong ( 通常居於香港 )— (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. 622 ) or under a former Companies Ordinance as defined by section 2(1) of the Companies Ordinance ( Cap. 622 ); and (Amended 28 of 2012 ss. 912 & 920) (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; voting shares ( 有表決權股份 ) means shares in the company which entitle the shareholder to vote at meetings of shareholders of the company. (Amended 17 of 2011 s. 28 ; 23 of 2020 s. 11 ) (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 (1) Any corporation complying with section 13F may apply to the Authority in such form as the Authority may determine, for a licence to establish and maintain a broadcasting service. (Amended 3 of 2010 s. 2 ) (2) An application made under subsection (1) may be entertained only if the Authority is satisfied that— (Amended 17 of 2011 s. 28 ) (a) the frequency in the radio spectrum that the applicant proposes to use is available as at the date of the application; and (b) that frequency is suitable for use in providing the proposed broadcasting service. (Added 3 of 2010 s. 2 ) (3) If the Authority is not satisfied as to any of the matters specified in subsection (2)(a) and (b), it must inform the applicant in writing of this fact. (Added 3 of 2010 s. 2 ) (Amended 17 of 2011 s. 28 ) Editorial Note: This section was amended by section 2 of the Telecommunications (Amendment) Ordinance 2010 ( 3 of 2010 ) (Commencement date: 29 January 2010). Please see the transitional provision contained in section 5 of that Amendment Ordinance. 13C. Grant of licence (1) If, in relation to an application made under section 13B , the Authority is satisfied as to the matters specified in section 13B(2) , it must consider the application and make recommendations thereon to the Chief Executive in Council. (Amended 3 of 2010 s. 3 ; 17 of 2011 s. 28 ; 4 of 2024 s. 5 ) (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 Chief Executive in Council may grant a licence to the applicant and such licence is, without prejudice to this Ordinance or the Broadcasting (Miscellaneous Provisions) Ordinance ( Cap. 391 ), to be subject to the payment of such fee, royalty or other charge whatsoever, whether annual or otherwise, and to such terms and conditions as the Chief Executive in Council may specify in the licence. (Amended 17 of 2011 s. 28 ; 4 of 2024 ss. 5 & 9 ) (3) Without prejudice to the generality of subsection (2), a licence may include— (a) (Repealed 62 of 1996 s. 2 ) (b) a condition that the Authority may suspend the licence. (Amended 17 of 2011 s. 28 ) (4) In exercising the discretion whether to grant a licence under subsection (2), the Chief Executive in Council must have regard to the following matters— (a) whether the applicant and all persons exercising control of the applicant are fit and proper persons; (b) the opinion of the public; (c) the applicant’s financial soundness and ability to maintain, throughout the period for which the licence would be in force, the proposed broadcasting service; (d) whether the applicant has the necessary technical expertise and the relevant managerial skill to operate the proposed broadcasting service; (e) the variety, quantity and quality of programmes to be provided; (f) the quality and technical viability of the proposed broadcasting service; (g) the speed of service roll-out; (h) where any construction work is to be carried out, the extent of any inconvenience that may be caused to the public by the work; (i) the benefits to the local broadcasting industry, the audience and the community as a whole; (j) the applicant’s proposed arrangements to ensure compliance with the provisions of this Ordinance, any other applicable law and the terms and conditions that may be specified in the licence; (k) any other matter prescribed under subsection (6). (Added 3 of 2010 s. 3 ) (5) In determining whether a person is a fit and proper person for the purposes of subsection (4)(a) , account must be taken of— (a) the business record of the person; (b) the record of the person in situations requiring trust and candour; (c) the criminal record in Hong Kong of the person in respect of offences under the laws of Hong Kong involving bribery, false accounting, corruption or dishonesty; and (d) the criminal record in places outside Hong Kong of the person i