Telecommunications Ordinance
Part 6
6-16
Section 35A
Cap. 106
which he knows to be false or misleading in a material
particular commits an offence and shall be liable on summary
conviction to a fine at level 6 and to imprisonment for 6
months.
(8) The Authority shall not disclose any document or account
produced under this section except subject to the requirement
in subsection (9) and if the Authority considers that it is in
the public interest to disclose that document or account, as
the case may be.
(9) The Authority shall give a licensee producing any document
or account under this section a reasonable opportunity
to make representations on a proposed disclosure of the
document or account, as the case may be, and shall consider
all representations made before the Authority makes a final
decision to disclose the document or account, as the case may
be, if the Authority considers that the disclosure—
(a) would result in the release of information concerning the
business, commercial or financial affairs of the licensee;
and
(b) could reasonably be expected to affect adversely the
licensee’s lawful business, commercial or financial
affairs.
(10) For the avoidance of doubt, it is hereby declared that where
a person produces a document or account under this section
notwithstanding that the document or account is the subject of
a confidentiality agreement with another person that prevents
the first-mentioned person from releasing the document or
account, the first-mentioned person shall not be liable for any
civil liability or claim whatever in respect of the production
of that document or account, as the case may be, contrary to
that agreement.
Last updated date
14.12.2015
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