Hong Kong Regulations

TELECOMMUNICATIONS REGULATIONS - REGULATION 4

Issue by Authority of certificates authorizing holding of positions in a radiocommunications station

(Past version on 30/06/1997).

(1) The Authority may, upon payment of the appropriate fee prescribed in
column 3 of Part IV of Schedule 2, issue an authority to operate to any
person-

   (a)  who has passed the appropriate test specified in column 2 of Part II
        of Schedule 2; or

   (b)  whom he considers suitably qualified. (L.N. 374 of 1990)

(1A) The person to whom an authority to operate is issued may hold such
position in a radiocommunications station other than in an aircraft as is
specified in the authority to operate, being a position that may, by virtue of
a condition of the licence granted under the Ordinance in respect of the
radiocommunications station, be held only by a person for the time being
holding the authority to operate. (L.N. 374 of 1990; 36 of 2000 s. 28)

(2) The Authority may at any time cancel, or suspend for such period as he
thinks fit, any authority to operate issued under subregulation (1) if he is
satisfied that the person to whom it was issued has contravened the Ordinance
or is incompetent or has been guilty of misconduct in the discharge of his
duties in the position that he is thereby authorized to hold. (L.N. 374 of
1990)

(3) Where an authority to operate issued under subregulation (1) is cancelled
or suspended, the Authority may by notice in writing require the person to
whom the authority to operate was issued to return the same to him within the
period specified in such notice, and if such person refuses or neglects to
return the authority to operate within the period specified in such notice, he
shall be guilty of an offence and shall be liable on summary conviction to a
fine of $10000 and to imprisonment for 6 months. (L.N. 352 of 1981; L.N. 255
of 1994)

(4) The Authority may waive the payment of or refund any fee payable under
subregulation (1). (L.N. 374 of 1990)

(5) Every authority to operate shall be-

   (a)  valid for such period; and

   (b)  in such form, as the Authority may from time to time determine. (L.N.
        374 of 1990)

(6) The person to whom an authority to operate is issued shall make a
declaration of secrecy in such form as the Authority may from time to time
determine. (L.N. 374 of 1990)

(7) Before the expiry of an authority to operate, the person to whom the
authority to operate is issued may, in such form and manner as the Authority
may from time to time determine, apply to the Authority for revalidation of
the authority to operate, and the Authority may revalidate the authority to
operate for such period as he may determine. (L.N. 374 of 1990)