Cap. 616 - Communications Authority Ordinance

An Ordinance to establish the Communications Authority; to transfer the functions of the Broadcasting Authority and the Telecommunications Authority to the Communications Authority; to dissolve the Broadcasting Authority; and to provide for incidental and connected matters. [1 April 2012] L.N. 18 of 2012 (Enacting provision omitted—E.R. 2 of 2012) (Format changes—E.R. 2 of 2012) Part 1 Preliminary 1. Short title and commencement (1) This Ordinance may be cited as the Communications Authority Ordinance.(2) (Omitted as spent—E.R. 2 of 2012) 2. Interpretation In this Ordinance—Authority (管理局) means the Communications Authority established by section 3;Broadcast Complaints Committee (廣播投訴委員會) means the Broadcast Complaints Committee appointed under section 10(1) of the Broadcasting (Miscellaneous Provisions) Ordinance (Cap. 391);Broadcasting Authority (廣播事務管理局) means the Broadcasting Authority established under section 3 of the pre-amended Ordinance;#commencement date (生效日期) means the day appointed under section 1(2);Director-General (總監) means the Director-General of Communications;former authority (前主管當局) means the Broadcasting Authority or the Telecommunications Authority, as may be appropriate;former department (前部門) means the Television and Entertainment Licensing Authority or the Office of the Telecommunications Authority, as may be appropriate;function (職能) includes power and duty;OFCA (通訊辦) means the Office of the Communications Authority;pre-amended Ordinance (未經修訂條例) means the Broadcasting Authority Ordinance (Cap. 391) as in force immediately before the commencement date;Telecommunications Authority (電訊管理局局長) means the Telecommunications Authority appointed under the repealed section 5 of the Telecommunications Ordinance (Cap. 106);trading fund (營運基金) means the Office of the Communications Authority Trading Fund renamed by section 25.Editorial Note:# Commencement date: 1 April 2012. Part 2 Establishment of Authority and its Functions etc. 3. Establishment of Authority (1) There is established a body corporate with the name “Communications Authority” in English and “通訊事務管理局” in Chinese.(2) The Authority—(a) has perpetual succession under its corporate name;(b) must provide itself with a common seal; and(c) may sue and be sued in its corporate name.(3) The Authority is not a servant or an agent of the Government nor does it enjoy any status, immunity or privilege of the Government. 4. Functions of Authority (1) The Authority has all the functions conferred on it by or under the Broadcasting (Miscellaneous Provisions) Ordinance (Cap. 391).(1A) The Authority has all the functions conferred on it by or under Part 11 of the Competition Ordinance (Cap. 619). (Added 14 of 2012 s. 176 and E.R. 1 of 2013. Format changes—E.R. 1 of 2016)(2) All functions conferred on the Telecommunications Authority by or under the Telecommunications Ordinance (Cap. 106), the Broadcasting Ordinance (Cap. 562), the Unsolicited Electronic Messages Ordinance (Cap. 593) or any other Ordinance as they were in force immediately before the commencement date and not inconsistent with this Ordinance are conferred on the Authority.(3) It is also the function of the Authority to tender advice to the Secretary for Commerce and Economic Development on any legislation, legislative proposals and regulatory policies relating to telecommunications, broadcasting, anti-spamming or activities connected with the telecommunications or broadcasting sectors.(4) Without limiting any other matters to which the Authority may have regard, in performing its functions, the Authority must have regard to such of the following as appear to it to be relevant in the circumstances—(a) the fostering of an environment that supports a vibrant communications sector to enhance Hong Kong’s position as a communications hub in the region;(b) the encouragement of innovation and investment in the communications market;(c) the promotion of competition and adoption of best practices in the communications market for the benefit of the industry and consumers; and(d) acting in a manner consistent with the provisions of the Hong Kong Bill of Rights Ordinance (Cap. 383). 5. Incidental powers The Authority has all the incidental powers that are reasonably necessary for the performance of its functions. 6. Annual report (1) The Authority must submit to the Chief Executive, at least once in each year, a report on the work of the Authority relating to telecommunications, broadcasting, anti-spamming or activities connected with the telecommunications and broadcasting sectors.(2) Every report submitted under subsection (1) must be tabled in the Legislative Council. 7. Broadcasting Authority dissolved The Broadcasting Authority is dissolved. Part 3 Membership of Authority 8. Membership (1) The Authority consists of—(a) no fewer than 5 and no more than 10 persons appointed by the Chief Executive;(b) one public officer appointed by the Chief Executive; and(c) the Director-General.(2) The Chief Executive may appoint a person under subsection (1)(a) only if the person—(a) is not a public officer;(b) is ordinarily resident in Hong Kong and has been so resident for at least 7 years; and(c) is, in the opinion of the Chief Executive, a person having—(i) extensive knowledge of, experience in or exposure to, communications services; or(ii) knowledge of or experience in management, accounting, finance, education, law or community service, or such professional or other experience as would render the person suitable for the appointment.(3) Subject to subsections (4), (5) and (6), a member appointed under subsection (1)(a) or (b) holds office for a period, not exceeding 3 years from the date of the appointment, as specified by the Chief Executive and is eligible for reappointment.(4) A member of the Authority may resign at any time by notice in writing to the Chief Executive.(5) The Chief Executive may by notice in writing declare the office of a member of the Authority to be vacant if the member—(a) has been absent from the meetings of the Authority without its permission for a continuous period longer than 3 months;(b) becomes bankrupt or enters into a voluntary arrangement with his or her creditors, within the meaning of the Bankruptcy Ordinance (Cap. 6);(c) becomes incapacitated by physical or mental illness;(d) ceases to be ordinarily resident in Hong Kong;(e) fails to comply with section 13 or 14; or(f) is otherwise unable or unfit to perform the functions of a member of the Authority.(6) The office of a member of the Authority appointed under subsection (1)(a) becomes vacant if the member becomes a public officer.(7) If any member of the Authority appointed under subsection (1)(a) resigns from the Authority or the office of any member of the Authority appointed under that subsection becomes vacant before the period of the member’s appointment expires, the Chief Executive may appoint another person eligible to be appointed under that subsection to hold office until the expiry of the period for which that member was originally appointed.(8) Despite the restriction on the number of persons under subsection (1)(a), if any member of the Authority appointed under that subsection is precluded by temporary absence or incapacity from performing the functions of a member of the Authority for any period, the Chief Executive may appoint another person eligible to be appointed under that subsection to hold office in place of that member during that period.(9) A member appointed under subsection (7) or (8) has the same rights, powers, duties and liabilities as if the appointment had been made under subsection (1)(a).(10) The Chief Executive may determine the remuneration and the terms and conditions of any appointment under this section. 9. Chairperson and vice-chairperson (1) The Chief Executive must appoint—(a) a member of the Authority appointed under section 8(1)(a) to be the chairperson of the Authority; and(b) a member of the Authority to be the vice-chairperson of the Authority.(2) The Chief Executive may revoke any appointment made under subsection (1) if the Chief Executive is of the opinion that the chairperson or vice-chairperson is unable or unfit to perform the functions of chairperson or vice-chairperson due to any reason referred to in section 8(5) or other sufficient cause.(3) A member appointed under subsection (1) may resign from office at any time by notice in writing to the Chief Executive. Part 4 Procedures of Authority 10. Meetings (1) Subject to subsections (2), (3) and (5), meetings of the Authority are to be held at times and places appointed by the chairperson or, if the chairperson is absent, the vice-chairperson.(2) The chairperson must convene a meeting if requested by—(a) the vice-chairperson;(b) the Director-General; or(c) any 2 members.(3) In the absence of the chairperson, the vice-chairperson must convene a meeting if a request is made under subsection (2)(b) or (c).(4) At any meeting of the Authority—(a) a majority of the members for the time being in office form a quorum;(b) the chairperson or, if the chairperson is absent or vacates the chair, the vice-chairperson, or, if the vice-chairperson also is absent or vacates the chair, a member appointed by the members present, presides;(c) every question is to be determined by a majority of votes of the members present and voting on it;(d) in the event of an equality of votes, the member presiding has a casting vote in addition to the member’s original vote.(5) The Authority is to make standing orders, not inconsistent with this Ordinance, for the purposes of regulating—(a) the number of meetings to be held by the Authority in any year;(b) the procedures to be followed at the meetings;(c) the conduct of any meeting to which subsection (6) applies, in order to ensure that the confidentiality of the meeting, if any, is not compromised; and(d) the supply of any documents or information relating to any matter to a member who has or may have an interest in the matter.(6) Subject to prior approval of the chairperson or vice-chairperson (if the chairperson is absent) and compliance with standing orders made under subsection (5), a member is taken to be present at a meeting if—(a) the member participates in the meeting by telephone, video conferencing or other electronic means; and(b) the member is able to communicate with the other members present and they are able to communicate with the member. 11. Transaction of business by circulation of papers (1) Subject to section 14, the Authority may transact any business by the circulation of papers among its members.(2) A resolution in writing and signed by a majority of the members of the Authority for the time being in office (one of whom is the chairperson, vice-chairperson or Director-General) is as valid and effectual as if it had been passed at a meeting of the Authority convened and conducted in accordance with section 10.(3) For the purpose of subsection (2), a resolution to which that subsection applies may be—(a) in the form of one document; or(b) in the form of more than one document, each in the same form and signed by one or more members of the Authority.(4) If a resolution is in the form of more than one document as described in subsection (3)(b), the requirement under subsection (2) is satisfied if the documents together bear the signatures of the majority of the members of the Authority for the time being in office as provided in subsection (2).(5) For the purposes of subsections (2), (3) and (4)—(a) a document is taken to have been signed by a member of the Authority if a facsimile or electronic transmission of a document bears the signature of the member; and(b) a resolution to which subsection (2) applies is taken to be made on the date on which the resolution is signed by the last person forming the majority for the purpose of that subsection.(6) A reference to the circulation of papers in this section and sections 12 and 14 includes the circulation of information by electronic means, and the reference to papers in those sections is to be construed accordingly. 12. Request for meeting (1) Any member of the Authority may request any business which is being transacted by the circulation of papers under section 11 to be transacted at a meeting of the Authority.(2) A request under subsection (1) must be made by way of a notice in writing to the chairperson of the Authority within the period specified in the papers being circulated.(3) If, in respect of any business being transacted by the circulation of papers, a notice is given under subsection (2) to the chairperson of the Authority, any resolution approved in writing under section 11 in respect of the business becomes void. 13. Register of interests (1) A member of the Authority, a member of the Broadcast Complaints Committee or a member of a committee appointed under section 17 must disclose to the Authority any interest that the member has which is of a class or description determined by the Authority under subsection (2)—(a) on the member’s first appointment;(b) at the beginning of each calendar year after the appointment;(c) on becoming aware of the existence of an interest not previously disclosed under this subsection; and(d) after the occurrence of any change to an interest previously disclosed under this subsection.(2) The Authority may, for the purposes of this section—(a) determine the class or description of the interest required to be disclosed;(b) determine the details of the interest required to be disclosed and the manner in which such interest is to be disclosed; and(c) from time to time change any matter determined under paragraph (a) or (b).(3) The Authority is to establish and maintain a register relating to any disclosure required to be made under subsection (1) (the register) at the principal office of OFCA.(4) If a person makes a disclosure as required by subsection (1), the Authority must cause the person’s name and the particulars of the disclosure to be recorded in the register, and if a further disclosure is made, the Authority must cause the particulars of the further disclosure to be recorded in the register.(5) For the purpose of enabling any member of the public to ascertain the particulars of any disclosure required to be made under subsection (1), the Authority must, by such means as it considers appropriate, make available the register for inspection by the public at any reasonable time. 14. Disclosure of interests (1) If a member of the Authority has—(a) a pecuniary interest, whether direct or indirect; or(b) a personal interest greater than that which the member has as a member of the general public, in any matter under discussion at a meeting of the Authority, the member must disclose the nature of the interest at the meeting.(2) The following provisions apply for the purposes of a disclosure under subsection (1)—(a) the disclosure must be recorded in the minutes;(b) if the disclosure is made by the member presiding, the member must vacate the chair during the discussion;(c) the member (including one who has vacated the chair under paragraph (b)) must, if so required by the majority of the other members present, withdraw from the meeting during the discussion and must not in any case, except as otherwise determined by the majority of the other members present, vote on any resolution concerning the matter under the discussion or be counted for the purpose of establishing the existence of a quorum.(3) When a matter is being dealt with by way of the circulation of papers under section 11, and a member of the Authority has—(a) a pecuniary interest in the matter, whether direct or indirect; or(b) a personal interest in the matter greater than that which the member has as a member of the general public, the member must disclose the nature of the interest by attaching to the papers being circulated a note recording the disclosure.(4) If a member has made a disclosure under subsection (3), the member’s signature (if any) is not to be counted for the purpose of section 11(2) unless the chairperson of the Authority directs otherwise.(5) If the member making a disclosure under subsection (3) is the chairperson of the Authority, the power under subsection (4) is to be exercised by the vice-chairperson of the Authority.(6) If both the chairperson and the vice-chairperson of the Authority have made a disclosure under subsection (3) in respect of the same matter, section 11 does not apply to the matter.(7) The validity of any proceeding of the Authority is not affected by the failure by a member of the Authority to comply with this section.(8) Subsections (1), (2) and (7) apply to a member of the Broadcast Complaints Committee or a committee appointed under section 17, as if any reference to the Authority in subsections (1) and (7) were a reference to the Broadcast Complaints Committee or the committee appointed under section 17, as the case may be. Part 5 Director-General, OFCA and Committees 15. Director-General (1) The decisions of the Authority or any committee referred to in section 18(1)(a) in the performance of the Authority’s functions are to be implemented through the Director-General.(2) The Director-General must do all acts and things necessary for implementing the decisions referred to in subsection (1).(3) Without limiting subsection (2), the Director-General must support the Authority in administering and enforcing this Ordinance, the Telecommunications Ordinance (Cap. 106), the Broadcasting (Miscellaneous Provisions) Ordinance (Cap. 391), the Broadcasting Ordinance (Cap. 562), the Unsolicited Electronic Messages Ordinance (Cap. 593) and any other Ordinance.(4) The Director-General or, with the consent of the chairperson of the Authority, a representative of the Director-General must attend meetings of the Authority, tender advice if required and report on the implementation of its decisions.(5) The Director-General or a representative of the Director-General may attend any meeting of the Broadcast Complaints Committee or any committee appointed under section 17 and tender advice to the Broadcast Complaints Committee or the committee. 16. OFCA to support Director-General OFCA must support and assist the Director-General or a representative of the Director-General in the performance of the Director-General’s functions under this Ordinance. 17. Committees (1) Without prejudice to the appointment of the Broadcast Complaints Committee, the Authority may appoint any committees it thinks fit to—(a) advise either generally or in respect of any particular matter or aspect concerning its functions; or(b) assist the Authority to perform any of its functions.(2) The Authority may appoint a person to be a member of a committee appointed under subsection (1), whether or not the person is a member of the Authority, and may appoint a member of the Authority who is also a member of the committee to be the chairperson of the committee.(3) The Director-General must assist any committee appointed under subsection (1) in the performance of its functions. 18. Delegation of functions to committees, Director-General and public officers (1) Subject to subsection (3), the Authority may by resolution, with or without restrictions or conditions as it thinks fit, delegate in writing any of its functions to—(a) any committee appointed under section 17, if the majority of its members are members of the Authority;(b) the Director-General; or(c) any public officer.(2) A delegation made under this section does not preclude the Authority from performing at any time any of the functions so delegated.(3) The Authority must not delegate—(a) the power to delegate under this section;(b) any function under section 6 (submission of annual reports) or 17 (appointment of committees);(c) any function under section 13C (grant of licence), 13CA (issue of guidelines) or 13E (renewal of licence) of the Telecommunications Ordinance (Cap. 106);(d) any power conferred on it by regulations made under section 37 of the Telecommunications Ordinance (Cap. 106) to fix the limits of any electrical or radiated interference in respect of any class or classes of apparatus;(e) any function under section 10(1) (appointment of Broadcast Complaints Committee), 19 (issue of Codes of Practice), 21 (inquiry by Authority) or 24 (imposition of financial penalties) of the Broadcasting (Miscellaneous Provisions) Ordinance (Cap. 391); or(f) any function under section 3 (approval of codes of practice), 4 (publication of guidelines), 8 (to whom licence may be granted), 9 (recommendations on licence applications), 10 (grant of licence), 11 (extension or renewal of licence), 28 (licensee to pay financial penalty), 31 (suspension of licence), 32 (revocation of licence) or 33 (inquiry by Authority) of the Broadcasting Ordinance (Cap. 562). Part 6 Miscellaneous 19. Immunity No civil liability is incurred by the Authority or any other person as a result of anything done or omitted to be done by the Authority or the person in good faith in connection with the performance or purported performance of functions conferred on the Authority by or under this Ordinance or any other Ordinance. 20. Payments (1) All sums of money payable, owing or paid to the Authority on or after the commencement date must on receipt be credited to the account of the trading fund for the provision of a government service by OFCA and held and applied in accordance with the provisions of the Trading Funds Ordinance (Cap. 430).(2) If a licence or permit issued or deemed to be issued under or by virtue of Part 3A of the Telecommunications Ordinance (Cap. 106) or the Broadcasting Ordinance (Cap. 562) covers any period of time ending on or after the commencement date and any sum of money is payable, owing or paid to the Government (including the Director of Accounting Services) for that licence or permit, then that part of the sum in respect of the period of time on or after the commencement date must on receipt be credited to the account of the trading fund for the provision of a government service by OFCA and held and applied in accordance with the provisions of the Trading Funds Ordinance (Cap. 430).(3) Despite subsection (1), if any sum of money is payable, owing or paid to the Authority for a licence or permit issued or deemed to be issued under or by virtue of Part 3A of the Telecommunications Ordinance (Cap. 106) or the Broadcasting Ordinance (Cap. 562) that covers any period of time before the commencement date, then that part of the sum in respect of that period of time must on receipt be credited to the general revenue.(4) Subsections (1) and (2) do not apply to—(a) any sum of money payable, owing or paid in respect of any spectrum utilization fee under section 32I of the Telecommunications Ordinance (Cap. 106);(b) any sum of money payable, owing or paid in respect of any first demand performance bond or bank guarantee referred to in section 34(1B) of the Telecommunications Ordinance (Cap. 106) or performance bond referred to in section 2(3) of the Broadcasting Ordinance (Cap. 562); or(c) any sum of money payable, owing or paid in respect of any item that has been directed by the Financial Secretary to be paid into the general revenue.(5) Despite subsections (1) and (2), any fines or penalties imposed by the Authority or a former authority must be paid into the general revenue.(6) In this section, issue (發出), in relation to a licence or permit, is to be construed as including the grant or renewal of the licence or permit, amendments of the licence or permit, whether in whole or in part, and the coming into effect of the licence or permit after any period of suspension.(Amended E.R. 2 of 2012) 21. Payment out from trading fund Despite any provisions in the Trading Funds Ordinance (Cap. 430), any sums payable by the Authority as a result of anything properly done or omitted to be done by the Authority in connection with the performance or purported performance of functions conferred on the Authority are to be paid out of the trading fund. 22. Exemption in relation to transfer of custody of records etc. and their use (1) All data, records or documents that were in the custody of a former authority immediately before the commencement date must be transferred into the custody of the Authority on that date or as soon as practicable after that date.(2) If any function of a former department is taken up by OFCA or another department of the Government on the commencement date, any data, records or documents that were kept by the former department immediately before the commencement date in connection with the performance of the function must, on that date or as soon as practicable after that date, be transferred into the custody of—(a) OFCA, if it has taken up the function; or(b) the department of the Government that has taken up the function.(3) Despite subsection (2), if any data, records or documents referred to in subsection (2) had been kept in connection with 2 or more functions that have been taken up separately by OFCA and another department of the Government, the data, records or documents must be transferred to—(a) OFCA, if the function it has taken up is the primary purpose for which the data, records or documents had been kept, which must make a copy of those data, records or documents and transfer it to the other department; or(b) the other department in any other case, which must make a copy of those data, records or documents and transfer it to OFCA.(4) Any data, records, documents or copies transferred under subsection (1), (2)(a) or (3) may be further transferred to the Authority or OFCA.(5) In relation to any data, records, documents or copies transferred under this section, all the rights and obligations of the transferor subsisting immediately before the commencement date were transferred to the transferee on the transfer of the data, records, documents or copies.(6) In relation to any personal data transferred under this section, the Personal Data (Privacy) Ordinance (Cap. 486) applies as if the data had been received by the transferee rather than the former authority or former department.(7) The Privacy Commissioner for Personal Data may, on and from the commencement date, exercise in respect of the transferee any power under the Personal Data (Privacy) Ordinance (Cap. 486) which the Commissioner could have immediately before that date exercised in respect of a former authority or former department in respect of a breach or alleged breach by the former authority or former department of that Ordinance or the data protection principles within the meaning of section 2 of that Ordinance.(8) The transfer to, and vesting in, the Authority, OFCA or a department referred to in subsection (2) by or under this Ordinance of the undertakings of the former authorities or former departments and any disclosure to the Authority, OFCA or a department referred to in subsection (2) of any information in contemplation or as a result of the transfer or vesting in accordance with this section do not amount to—(a) a breach of any duty of confidentiality to which a former authority or former department is subject immediately before the commencement date; or(b) a contravention by the Authority, a former authority, OFCA, a former department or a department referred to in subsection (2) of the Personal Data (Privacy) Ordinance (Cap. 486).(9) In this section, personal data (個人資料) has the same meaning as in section 2 of the Personal Data (Privacy) Ordinance (Cap. 486). 23. Offence to give or disclose information obtained or received officially (1) If a person has obtained or received any confidential information by virtue of the person’s position as—(a) a member of the Authority or a committee appointed by the Authority;(b) a person authorized by the Authority or a committee appointed by the Authority; or(c) an employee, agent, service provider, contractor or adviser engaged by OFCA in connection with the performance of any functions of the Authority, the person must not give or disclose the confidential information to any other person.(2) Nothing in subsection (1) applies to—(a) the giving or disclosure of information which has already been made available to the public, except for information which is only in the public domain due to an unlawful disclosure;(b) the giving or disclosure of information with a view to the institution of, or otherwise for the purpose of, any criminal proceedings or any investigation carried out under the laws of Hong Kong;(c) the giving or disclosure of information in connection with any civil or other proceedings to which the Authority is a party or with a view to bringing any proceedings of this kind;(d) the giving or disclosure of information for the purpose of seeking advice from, or giving advice by, counsel or a solicitor or other professional adviser acting or proposing to act in a professional capacity;(e) the giving or disclosure of information in accordance with an order of a court, or in accordance with a law or a requirement made under a law;(f) the giving or disclosure of information to the Chief Executive, the Chief Executive in Council, the Chief Secretary for Administration, the Financial Secretary, the Secretary for Justice or the Secretary for Commerce and Economic Development in circumstances where the Authority considers that it is in the public interest to do so;(g) the giving or disclosure of information by the Authority, a person authorized by the Authority or OFCA in the form of a summary compiled from any information in the possession of the Authority or OFCA, if the summary is so compiled as to ensure that no particulars relating to the business or identity, or trading particulars, of—(i) any of those persons who have produced or furnished the information; or(ii) any persons to whom the information relates, may be ascertained from it;(h) the giving or disclosure of information by the Authority or a person authorized by the Authority or OFCA, with the consent of the person from whom the information was obtained or received and, if the information relates to a different person, with the consent also of the person to whom the information relates;(i) the giving or disclosure of information under section 7I, 35A or 36D of the Telecommunications Ordinance (Cap. 106), section 23 of the pre-amended Ordinance or the Broadcasting (Miscellaneous Provisions) Ordinance (Cap. 391), section 26, 27 or 32 of the Broadcasting Ordinance (Cap. 562), section 15 or 29 of Schedule 1 to the Broadcasting Ordinance (Cap. 562) or section 37 of the Unsolicited Electronic Messages Ordinance (Cap. 593), or under conditions in a licence issued by the Authority, a former authority or the Chief Executive in Council;(j) the giving or disclosure of information by the Authority in order to perform any functions conferred on the Authority by or under this Ordinance, the Telecommunications Ordinance (Cap. 106), the Broadcasting (Miscellaneous Provisions) Ordinance (Cap. 391), the Broadcasting Ordinance (Cap. 562), the Unsolicited Electronic Messages Ordinance (Cap. 593) or any other Ordinance;(k) communications to or within the Authority or OFCA;(l) the giving or disclosure of information by a public officer in the belief that the act was required or authorized to perform the officer’s functions under this Ordinance, the Telecommunications Ordinance (Cap. 106), the Broadcasting (Miscellaneous Provisions) Ordinance (Cap. 391), the Broadcasting Ordinance (Cap. 562), the Unsolicited Electronic Messages Ordinance (Cap. 593) or any other Ordinance or in accordance with or incidental to the officer’s official duty.(3) A person who contravenes subsection (1) commits an offence and is liable—(a) on conviction on indictment to a fine of $1,000,000 and to imprisonment for 2 years; or(b) on summary conviction to a fine at level 6 and to imprisonment for 6 months.(4) It is a defence for a person charged with an offence under this section to show that at the time of the alleged offence the defendant—(a) believed that there was lawful authority for the defendant to give or disclose the information to the other person and the defendant had no reasonable cause to believe otherwise; or(b) did not know and had no reasonable cause to believe that the information given or disclosed was confidential information.(5) In this section—confidential information (機密資料) means—(a) any trade or business secret;(b) any information that is classified by the Government as confidential; and(c) any information produced or furnished in confidence to—(i) the Authority;(ii) members of the Authority;(iii) any committee appointed by the Authority;(iv) OFCA in connection with the performance of any functions of the Authority;(v) any person authorized by the Authority or a committee appointed by the Authority in connection with the performance of any functions of the Authority; or(vi) any employee, agent, service provider, contractor or adviser engaged by OFCA in connection with the performance of any functions of the Authority;court (法庭) includes a magistrate, the Telecommunications Appeal Board established under section 32M(1) of the Telecommunications Ordinance (Cap. 106), a tribunal and an appeal board. (Amended 38 of 2021 s. 17) 24. (Omitted as spent—E.R. 2 of 2012) 25. Provisions relating to trading fund (1) The Office of the Telecommunications Authority Trading Fund established by the Resolution made and passed by the Legislative Council establishing the Office of the Telecommunications Authority Trading Fund (Cap. 430 sub. leg. D) on 10 May 1995 is renamed as the Office of the Communications Authority Trading Fund.(2) (Omitted as spent—E.R. 2 of 2012) Part 7 Transitionals and Savings 26. Transitional arrangements (1) If, immediately before the commencement date, a complaint has been referred under section 11 of the pre-amended Ordinance to the Complaints Committee appointed under section 10 of the pre-amended Ordinance and has not been finally disposed of by the Complaints Committee, the Authority must refer the complaint to the Broadcast Complaints Committee.(2) A complaint referred to the Broadcast Complaints Committee is to be treated, on referral, as a new complaint made under the Broadcasting (Miscellaneous Provisions) Ordinance (Cap. 391). 27. Savings (1) Part 8 (related and consequential amendments) does not affect the validity of anything lawfully done by or in relation to a former authority or a former department before the commencement date.(2) The provisions of this Ordinance relating to the repeal and amendment of any enactment are in addition to and not in derogation from section 23 of the Interpretation and General Clauses Ordinance (Cap. 1).(3) The following subsections apply without limiting subsection (1) and to the extent that they are consistent with the other provisions of this Ordinance.(4) Anything which immediately before the commencement date is in the process of being done by or in relation to a former authority, including legal proceedings to which a former authority is a party or which are instituted on behalf of a former authority and complaints made under section 11A of the pre-amended Ordinance which have not been finally disposed of, may be continued by or in relation to the Authority.(5) Any right of appeal subsisting immediately before the commencement date against a former authority may be exercised against the Authority in accordance with this Ordinance.(6) Any form, document, instrument or act that has been issued, made or done by a former authority or former department or having effect as if so issued, made or done by or on behalf of the former authority or former department, which is in force immediately before the commencement date or which is to take effect on or after that date, has effect as if it was issued, made or done by the Authority, OFCA or the department that takes up a former department’s function, in so far as that is required for continuing its effect after that date.(7) Any performance of a function or exercise of a power by or on behalf of a former authority or a former department which is in force immediately before the commencement date or which is to take effect on or after that date has effect as if it was performed or exercised by the Authority, OFCA or the department that takes up a former department’s function, in so far as that is required for continuing its effect after that date.(8) Any delegation of functions by a former authority to a former department, an officer of a former department, a public officer or a person authorized by a former authority which is in force immediately before the commencement date has effect as if made by the Authority to OFCA, an officer of OFCA or the public officer or authorized person, in so far as that is required for continuing its effect after that date.(9) If Part 8 (related and consequential amendments) operates to substitute a new provision for a provision (former provision) under which a function or power referred to in subsection (7) has been performed or exercised immediately before the commencement date, the function or power is taken to have been performed or exercised under the new provision and accordingly a reference in any enactment, form, document or instrument to the new provision in relation to the performance or exercise is to be construed, on and after that date, as including acts done under the former provision.(10) If immediately before the commencement date—(a) an application for anything referred to in subsection (6);(b) a request for the performance of a function or exercise of a power referred to in subsection (7); or(c) an application or request of a similar nature made to a former authority or former department, has not been disposed of, it is to be taken to be an application or request to the Authority, OFCA or the department that takes up a former department’s function, as may be appropriate, and is to be disposed of accordingly.(11) Any suspension of a licence, permit, consent or other permission in force immediately before the commencement date is to continue in force for the remainder of the period of suspension as if this Ordinance had not been enacted.(12) Forms, documents or instruments specified, prescribed, printed or duplicated for use in connection with any function transferred by this Ordinance, including any form, document or instrument referred to in subsection (6) issued by or on behalf of a former authority or former department for the performance of a function and in force immediately before the commencement date, may be so used despite the fact that they contain references to a former authority, or to a former department, or to an officer of a former department and those references are to be construed as references to the Authority, OFCA or the department that takes up a former department’s function or an officer of OFCA or the department that takes up a former department’s function who occupies a similar post, as the case requires.(13) Any reference made before the commencement date to the pre-amended Ordinance or to a former authority, a former department or an officer of a former department, in any form, document or instrument, including any process or other document issued, is to be construed as a reference to the Broadcasting (Miscellaneous Provisions) Ordinance (Cap. 391) or to the Authority, OFCA or the department that takes up a former department’s function or an officer of OFCA or the department that takes up a former department’s function who occupies a similar post, as the case requires.(14) Except as expressly provided otherwise, an amendment made by Part 8 (related and consequential amendments) is not to be construed as interrupting any period of time specified in any enactment, form, document or notice or any other instrument given under an enactment and which is current on the commencement date and the period is to run as if that Part had not been enacted.(15) Any licence, permit or certificate granted, issued or renewed under the Miscellaneous Licences Ordinance (Cap. 114), the Gambling Ordinance (Cap. 148), the Film Censorship Ordinance (Cap. 392) or the Amusement Game Centres Ordinance (Cap. 435) by or on behalf of the Commissioner for Television and Entertainment Licensing which is in force immediately before the commencement date or which is to take effect on or after that date, has effect as if granted, issued or renewed by or on behalf of the appointed public officer within the meaning of those Ordinances, in so far as that is required for continuing its effect after that date.(16) A reference to a former authority in—(a) any conditions in a licence granted, issued or renewed before the commencement date requiring a performance bond or bank guarantee to be issued or executed in favour of the former authority; or(b) any performance bond or bank guarantee issued or executed before the commencement date in favour of the former authority, is to be construed as a reference to the Government. Part 8 (Omitted as spent—E.R. 2 of 2012) 28. (Omitted as spent—E.R. 2 of 2012) Schedule (Omitted as spent—E.R. 2 of 2012)