Telecommunications Ordinance
Part 6
Section 34
6-6
Cap. 106
or of any condition to which the licence, permit, permission
or consent is subject, and any such licence may be cancelled
or suspended at any time by the Governor in Council if he
considers that the public interest so requires.
(4A) The Authority shall not exercise a power under subsection (4)
unless the exercise of the power is, in all the circumstances
of the case, proportionate and reasonable in relation to the
contravention concerned referred to in that subsection giving
rise to the exercise of the power. (Added 36 of 2000 s. 18)
(4B) Where the Authority proposes to exercise a power under
subsection (4), it shall give the licensee or other person
concerned a reasonable opportunity to make representations
and shall consider all representations made before it decides
whether or not to exercise that power in the case of the
licensee or other person, as the case may be. (Added 36 of
2000 s. 18. Amended 17 of 2011 s. 28)
(4C) Where the Authority exercises a power under subsection (4),
it shall provide reasons in writing for the exercise of the
power to the licensee or other person concerned. (Added 36 of
2000 s. 18. Amended 17 of 2011 s. 28)
(4D) Where the Chief Executive in Council or the Authority
proposes to exercise a power under subsection (4), the
Chief Executive in Council or the Authority shall not
consider— (Amended 17 of 2011 s. 28)
(a) any fee (including any spectrum utilization fee under
section 32I) or other sum paid in respect of or under or
in relation to any licence, permit, permission or consent
granted under this Ordinance;
(b) any representations mentioned in subsection (4B) to the
extent to which they fall within paragraph (a);
(c) the operation of subsection (5) if that power is exercised,
Last updated date
14.12.2015
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