Hong Kong Regulations

TELECOMMUNICATIONS (TELECOMMUNICATIONS APPARATUS) (EXEMPTION FROM LICENSING) ORDER - SECT 5

Exemption for other radiocommunications apparatus

(1) Subject to subsection (2), a person who is under an obligation to hold a
licence under section 8(1)(a), (b), (c) or (d) of the Ordinance in respect of
any radiocommunications apparatus is exempted from section 8(1)(a), (b), (c)
or (d) of the Ordinance, as the case may be, if the apparatus is used or is
capable of being used-

   (a)  for a lawful connection by radiocommunications to a telecommunications
        network or system for obtaining services from a person who operates
        that telecommunications network or system under any of the following
        licences issued or created under the Ordinance-

        (i)    a fixed carrier licence;

        (ii)   a mobile carrier licence;

        (iii)  a fixed telecommunications network services licence;

        (iv)   a public radiocommunications service licence (for services
               other than a licence for communication between a
               radiocommunications installation and taxis);

        (v)    a public radiocommunications service licence (for services
               other than land mobile services);

        (vi)   a public non-exclusive telecommunications service licence;

        (vii)  the class licence for in-building telecommunications systems;

        (viii) any other licence (including a class licence) for the provision
               of any public telecommunications service; or

   (b)  in a manner other than that described in paragraph (a), and-

        (i)    in the case where the apparatus is used or is capable of being
               used as a mobile earth station, it meets the technical criteria
               set out in Schedule 1; or

        (ii)   in the case where the apparatus is used or is capable of being
               used other than as a mobile earth station, it meets the
               technical criteria set out in Schedule 2 and tolerates
               interference from other telecommunications apparatus or any
               telecommunications system authorized under the Ordinance.

(2) A person is not exempted from section 8(1)(a), (b), (c) or (d) of the
Ordinance, as the case may be, unless-

   (a)  the person complies with any standards or specifications as may be
        prescribed under section 32D, and with any order or requirements as
        may be prescribed under section 32E, of the Ordinance;

   (b)  the person does not use the apparatus to provide a public
        telecommunications service;

   (c)  the person does not use the apparatus in such a manner as to cause
        harmful interference with other telecommunications apparatus or any
        telecommunications system authorized under the Ordinance;

   (d)  the person complies with any direction given by the Authority for
        avoiding interference with other telecommunications apparatus or any
        telecommunications system authorized under the Ordinance; and

   (e)  the apparatus is made available for inspection and testing, if so
        required, by any person authorized for the purpose by the Authority.