Hong Kong Regulations

TELECOMMUNICATIONS (CONTROL OF INTERFERENCE) REGULATIONS - REGULATION 5

Enforcement of regulations as to use

(Past version on 30/06/1997).

(1) If the Authority is of the opinion-

   (a)  that any apparatus to which regulation 4 applies does not comply with
        the requirement referred to in regulation 7; and either

   (b)  that the use of the apparatus is likely to cause undue interference
        with the working of any apparatus for telecommunications used for the
        purpose of any safety of life service or for any purpose on which the
        safety of any person or of any vessel, aircraft or vehicle may depend;
        or (36 of 2000 s. 28)

   (c)  that the use of the apparatus is likely to cause undue interference
        with the working of any other apparatus for telecommunications and in
        fact has caused or is causing such interference in a case where he
        considers that all reasonable steps to minimize interference have been
        taken in relation to the station or apparatus receiving the
        telecommunications, he may serve on the person in whose possession the
        apparatus is a notice in writing requiring that, after a date fixed by
        the notice, not being less than fourteen days from the date of service
        thereof, the apparatus shall not be used, whether by the person to
        whom the notice is given or otherwise, or, if the Authority thinks fit
        so to frame the notice, shall only be used in such manner, at such
        time and in such circumstances as may be specified in the notice: (36
        of 2000 s. 28) Provided that if the Authority is satisfied that the
        use of the apparatus concerned is likely to cause undue interference
        such as is referred to in sub-paragraph (b), the date fixed by the
        notice may, in the discretion of the Authority, be the date of service
        of the notice or any other date earlier than fourteen days from the
        date of service.

(2) If the Authority is satisfied that the use of any apparatus to which
regulation 4 applies is likely to cause undue interference such as is referred
to in paragraph (1)(b) and that the circumstances of the case warrant the
service of a notice under that paragraph requiring that the apparatus shall
not be used from the date of service of the notice, he may, in addition to the
service of such a notice and either before or after the service of the notice,
seal the apparatus in such manner, or remove such part thereof, as ensures
that the apparatus is not used, but in such a case, where the apparatus is
sealed or a part thereof is removed before the service of the notice, the
notice aforesaid shall be served within three days after the apparatus is
sealed or the part removed therefrom.

(3) A notice under paragraph (1) may be revoked or varied by a subsequent
notice in writing by the Authority served on the person in whose possession
the apparatus then is: Provided that-

   (a)  where a notice under this paragraph has the effect of imposing any
        additional restrictions on the use of the apparatus, the provisions of
        paragraph (1) relating to the coming into force of notices shall apply
        in relation to the notice as if it had been a notice served under that
        paragraph; and

   (b)  where the Authority is satisfied that the apparatus has been altered
        or otherwise made to comply with the requirement referred to in
        regulation 7, he shall revoke the notice and forthwith break the seal
        (if any) on, or replace the part (if any) removed from, the apparatus.

(4) No person, being a person who knows that a notice of the Authority under
this regulation is in force with respect to any apparatus, shall use that
apparatus, or cause or permit it to be used, in contravention of the notice.

(5) Any person who contravenes the provisions of paragraph (4) shall be guilty
of an offence and shall be liable on summary conviction-

   (a)  where the apparatus with respect to which the notice was given was
        sealed or a part of it was removed under and in accordance with
        paragraph (2), for the first such offence under this sub-paragraph, to
        a fine of $10000 and to imprisonment for 3 months, and, for any
        subsequent such offence under this sub-paragraph to a fine of $20000
        and to imprisonment for 6 months; and

   (b)  in any other case, for the first such offence under this
        sub-paragraph, to a fine of $5000, and, for any subsequent such
        offence under this sub-paragraph, to a fine of $10000: Provided that
        no person shall be convicted of an offence under this paragraph if it
        is made to appear to the court that at the time of the use of the
        apparatus in contravention of the notice an application had been made
        in writing to the Authority for revocation of the notice and that the
        Authority had, without reasonable cause (the burden of proof whereof
        shall be upon the Authority), failed or neglected to revoke the notice
        within a reasonable time after receipt of the application for
        revocation. (L.N. 256 of 1994)