Hong Kong Ordinances

TELECOMMUNICATIONS ORDINANCE - SECT 2

Interpretation

(Past version on 18/07/2003).
(Past version on 07/07/2000).
(Past version on 16/06/2000).
(Past version on 26/05/2000).
(Past version on 30/06/1997).

(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;

"associated corporation" (相聯法團), in relation to a licensee, means-

   (a)  a corporation over which the licensee has control;

   (b)  if the licensee is a corporation-

        (i)    a corporation which has control over the licensee; or

        (ii)   a corporation which is under the same control as is the
               licensee;

"associated person" (相聯人士) includes-

   (a)  where the licensee is a natural person-

        (i)    a relative of the licensee;

        (ii)   a partner of the licensee and a relative of that partner;

        (iii)  a partnership in which the licensee is a partner;

        (iv)   a corporation controlled by the licensee, by a partner of the
               licensee or by a partnership in which the licensee is a
               partner;

        (v)    a director or principal officer of a corporation referred to in
               subparagraph (iv);

   (b)  where the licensee is a corporation-

        (i)    an associated corporation;

        (ii)   a person who controls the corporation and where the person is a
               natural person, a relative of the person;

        (iii)  a partner of a person who controls the corporation and, where
               the partner is a natural person, a relative of the person;

        (iv)   a director or principal officer of the corporation or an
               associated corporation and a relative of the director or
               principal officer;

        (v)    a partner of the corporation and, where the partner is a
               natural person, a relative of the partner;

   (c)  where the licensee is a partnership-

        (i)    a partner of the partnership and, where the partner is a
               natural person, a relative of the partner;

        (ii)   a corporation controlled by the partnership, a partner in the
               partnership or where a partner is a natural person, a relative
               of the partner;

        (iii)  a corporation of which a partner is a director or principal
               officer;

        (iv)   a director or principal officer of a corporation referred to in
               subparagraph (iii);

"Authority" (局長) means the Telecommunications Authority appointed under
section 5;

"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;

"control" (控制), in relation to an associated corporation, means having-

   (a)  a beneficial interest in or control over the exercise of 15% or more
        of the voting power at a general meeting of the corporation; or

   (b)  control over the composition of 15% or more of the directors of the
        board of the corporation;

"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 7L and the words "dominance" and "dominant"
shall also be construed accordingly;

"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 ;

"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 3000 GHz propagated in space without an artificial guide;

"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)

"relative" (親屬) means the spouse, parent, child, brother or sister of the
relevant person (whether of full blood or half-blood or by affinity);

"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, or customer equipment or services;

"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)

"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).

(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)

"air transhipment cargo" (航空轉運貨物)

"air transit cargo" (航空過境貨物)

"article in transit" (過境物品)

"assign" (指配)

"associated corporation" (相聯法團)

"associated person" (相聯人士)

"Authority" (局長)

"basic service" (基本服務)

"cargo transhipment area of Hong Kong International Airport"
(機場貨物轉運區)

"carrier licence" (傳送者牌照)

"carrier licensee" (傳送者牌照持牌人)

"class licence" (類別牌照)

"communication" (通訊)

"control" (控制)

"customer equipment" (顧客設備)

"dominant position" (優勢)

"exclusive licence" (專利牌照)

"external services" (對外服務)

"fixed carrier licence" (固定傳送者牌照)

"fixed carrier licensee" (固定傳送者牌照持牌人)

"harmful interference" (有害干擾)

"interconnection agreement" (互連協議)

"interference" (干擾)

"issue" (發出)

"licensee" (持牌人)

"message" (訊息)

"network" (網絡)

"number portability" (號碼可攜性)

"numbering plan" (號碼計劃)

"payphone" (收費電話機)

"public place" (公眾地方)

"public telecommunications service" (公共電訊服務)

"radiated interference" (輻射干擾)

"radio spectrum" (無線電頻譜)

"radio transmitter" (無線電發射器)

"radio waves" (無線電波)

"radiocommunications" (無線電通訊)

"radiocommunications installation" (無線電通訊裝置)

"radiocommunications transmitting apparatus" (無線電通訊發送器具)

"relative" (親屬)

"Secretary" (政策局局長)

"sound broadcast receiving apparatus" (聲音廣播接收器具)

"space object" (空間物體)

"telecommunications" (電訊)

"telecommunications industry" (電訊業)

"telecommunications installation" (電訊裝置)

"telecommunications line" (電訊線路)

"telecommunications market" (電訊市場)

"telecommunications network" (電訊網絡)

"telecommunications officer" (電訊人員)

"telecommunications service" (電訊服務)

"telecommunications system" (電訊系統)

"transhipment cargo" (轉運貨物)

"universal service obligation" (全面服務責任)

"vehicle" (車輛)

"vessel" (船隻)