### Telecommunications Ordinance 《電訊條例》

3. Application to State
(Amended 4 of 2024 s. 4)Save as otherwise expressly provided, this Ordinance does not bind the State or apply to any means of telecommunications established or maintained by the State or to any apparatus for telecommunications possessed or used by the State for the purpose of or in connection with any such means of telecommunications.
(Amended 36 of 2000 s. 28; 4 of 2024 s. 4) 

4. Saving of State rights
(Amended 4 of 2024 s. 4)Nothing in this Ordinance prevents the State from establishing and maintaining any means of telecommunications to the exclusion of all other persons. 
(Amended 36 of 2000 s. 28; 4 of 2024 ss. 4 & 9)

6A. Powers of Authority
(1) The Authority may do all things necessary to be done to perform its functions under this Ordinance.
(2) The Secretary may issue written policy directions to the Authority pursuant to which the Authority is to carry out its functions and exercise its powers.
(3) In exercising its powers under this Ordinance, the Authority when— (Amended 17 of 2011 s. 28)
(a) forming an opinion or making a determination, direction or decision under this Ordinance shall only do so on reasonable grounds and having regard to relevant considerations;
(b) forming an opinion or making a determination, direction or decision under this Ordinance—
(i) shall provide reasons in writing for it;
(ii) shall not depart from guidelines issued under section 6D which are applicable to the subject matter of the opinion, determination, direction or decision, as the case may be, unless it has provided reasons in writing for the departure.
(4) A policy direction issued under subsection (2) may include a direction not to issue, before a date specified in the direction, any new licence of a type which may be issued under section 7(5).
(5) A policy direction issued under subsection (2) shall be published in the Gazette as soon as practicable after its issue.
(Added 36 of 2000 s. 3. Amended 17 of 2011 s. 28)

6C. Consultation
Before performing any function or exercising any power under this Ordinance, the Authority may consult with—
(a) the persons who may be directly affected by the performance of that function or the exercise of that power, as the case may be; or
(b) members of the public.
(Added 36 of 2000 s. 3)

### Telecommunications Ordinance 《電訊條例》

6D. Guidelines
(1) Subject to subsection (4), the Authority may, for the purpose of providing practical guidance in respect of any provisions of this Ordinance, issue such guidelines as in its opinion are suitable for that purpose. (Amended 17 of 2011 s. 28)
(2) Without prejudice to the generality of subsection (1), the Authority shall, as soon as is practicable, issue guidelines—
(a) indicating the manner in which it proposes to perform its function of determining applications for licences which may be issued by it, including the licensing criteria and other relevant matters it proposes to consider;
(aa) (Repealed 14 of 2012 s. 176)(b) subject to subsection (3), on the application of the principle referred to in section 14(6)(a) in any arbitration proceedings. (Amended 17 of 2011 s. 28)
(2A) (Repealed 14 of 2012 s. 176)(3) Without prejudice to the generality of section 6C, the Authority shall, before issuing guidelines under subsection (2)(b), carry out such consultation—
(a) with the persons who may be affected by the operation of section 14(1A); and
(b) on the factors to be taken into account for the purposes of subsection (2)(b),

as is reasonable in all the circumstances of the case.
(4) Without prejudice to the generality of section 6C, the Authority shall, before issuing any guidelines—
(a) for the purposes of the test of dominance prescribed in section 7Q(2), carry out such consultation with the licensees in the relevant telecommunications market as is reasonable in all the circumstances of the case; (Amended 14 of 2012 s. 176)
(b) setting out principles governing the criteria for any determination under section 36A(1) and the matters to be considered for the purposes of section 36A(3) and (3B) in the application of section 36A(3) and (3B) to any such determination, carry out such consultation with the telecommunications industry as is reasonable in all the circumstances of the case;
(c) setting out principles governing the criteria for making a determination under section 36AA(6), carry out such consultation with—
(i) the telecommunications industry; and
(ii) such other persons who may be directly affected by such a determination,

as is reasonable in all the circumstances of the case.
(Added 36 of 2000 s. 3)

### Telecommunications Ordinance 《電訊條例》

7A. Special licence conditions
The Authority may attach special conditions, consistent with this Ordinance and not inconsistent with the prescribed general conditions, to a licence it is empowered to issue, including special conditions on a carrier licence in addition to the prescribed general conditions and which special conditions are to be interpreted subject to the prescribed general conditions.
(Added 36 of 2000 s. 4. Amended 17 of 2011 s. 28)

7AB. Non-carrier licences
(1) The Secretary may by notice published in the Gazette specify a licence as a non-carrier licence.
(2) A notice published under subsection (1) is not subsidiary legislation.
(3) In this section—
non-carrier licence (非傳送者牌照) means a licence issued for the establishment or maintenance of a telecommunications network, or telecommunications system, for carrying communications between locations within Hong Kong to provide a restrictive telecommunications service;
restrictive telecommunications service (受局限電訊服務) means a telecommunications service that is more restrictive, in terms of the geographical coverage, scope, scale or customer base of the service, than one authorized to be provided under a carrier licence. 
(Added 38 of 2021 s. 4)