Telecommunications Ordinance
Part 4
4-12
Section 14
Cap. 106
(a) the licensee and the person having a lawful interest
in the land concerned shall endeavour to come to an
agreement as to the fee to be paid under subsection (2)(ii)
by the licensee to that person;
(b) in the absence of any such agreement within a
reasonable time, then—
(i) the fee, and the terms and conditions in accordance
with which it shall be payable, shall be determined
by arbitration under the Arbitration Ordinance
(Cap. 609); and (Amended 17 of 2010 s. 112)
(ii) for the purpose of subparagraph (i), the licensee
and the person having a lawful interest in the land
concerned shall be regarded as having made an
arbitration agreement within the meaning of that
Ordinance the provisions of which agreement shall
be deemed to include—
(A) a provision that the fee, and the terms and
conditions in accordance with which it shall
be paid, shall, in the absence of agreement,
be determined by a single arbitrator; and
(B) a provision equivalent to subsection (7).
(Added 36 of 2000 s. 8)
(6) In any arbitration
subsection (5)(b)—
proceedings
for
the
purposes
of
(a) regard shall be given to—
(i) the principle that the fee to be paid shall be fair
and reasonable in all the circumstances of the case,
including, but not limited to, factors relating to
cost, property-value and the benefits to be derived
from the authorization concerned referred to in
subsection (1A);
Last updated date
2.8.2012
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