### Telecommunications Ordinance 《電訊條例》

35B. Universal service obligation
(1) The Authority may require that one or more fixed carrier licensees have a universal service obligation.
(2) A universal service obligation requires a licensee to ensure that a good, efficient and continuous basic service is, in the Authority’s opinion, reasonably available to all persons within the areas of Hong Kong covered by that obligation.
(3) The Authority may establish a system for licensees prescribed by the Authority to meet a reasonable contribution to the cost of providing the universal service obligation and managing the fund established under subsection (4).
(4) The Authority may establish and manage a fund for the purpose of holding the contributions under subsection (3) prior to payment to the carrier licensee with the obligation.
(5) The Authority may—
(a) recover the cost of the management of the fund established under subsection (4);
(b) delegate the management of the fund to any person and prescribe the requirements for the management of the fund.
(Added 36 of 2000 s. 19)

36. Forfeiture
A magistrate or the court may, upon application by or on behalf of the Authority or by any public officer, order that any apparatus in respect of which there has been a contravention or attempted contravention of this Ordinance must be forfeited to the Government, whether or not proceedings have been taken against any person in respect of the contravention or attempted contravention.
(Amended 4 of 2024 s. 7 & 9)

### Telecommunications Ordinance 《電訊條例》

39A. Remedies
(1) A person sustaining loss or damage from a breach of section 7Q, or a breach of a licence condition, determination or direction relating to that section, may bring an action for damages, an injunction or other appropriate remedy, order or relief against the person who is in breach. (Amended 14 of 2012 s. 176 and 18 of 2014 s. 175; 25 of 2012 s. 41)
(2) No action may be brought under subsection (1) more than 3 years after—
(a) the commission of the breach concerned referred to in that subsection; or
(b) the imposition of a penalty in relation to the breach by the Authority under section 36C, or, as the case may be, by the Court of First Instance under section 36C(3B),

whichever is the later.
(Added 36 of 2000 s. 26)

40. Transitional provisions
(1) (Repealed 4 of 2024 s. 8)(2) Any telecommunications line or post lawfully placed and maintained in, over or upon any land under the repealed Telecommunication Ordinance (18 of 1936) at the commencement* of this Ordinance shall be deemed to be placed and maintained in, over or upon the said land under and in accordance with this Ordinance. (Amended 36 of 2000 s. 28)

### Telecommunications Ordinance 《電訊條例》

41. Validation
For the avoidance of doubt, it is declared that where at any time before the commencement* of the Telecommunication (Amendment) Ordinance 1982 (57 of 1982) the Telecommunications Authority granted any licence in purported exercise of its powers under section 7 relating to a broadcast relay station or closed circuit television, such grant shall not be invalid by reason only that any such licence was not at that time a licence specified in the second column of Schedule 1 to the Telecommunications Regulations (Cap. 106 sub. leg. A).
(Added 57 of 1982 s. 2. Amended 36 of 2000 s. 28; 17 of 2011 s. 28; E.R. 2 of 2012)

42. Transitional
In a licence issued, granted or renewed under this Ordinance before the commencement date* of the Communications Authority Ordinance (Cap. 616), any condition providing for the payment of the licence fee to the Government is to be construed as a condition providing for the payment of the licence fee to the Authority.
(Added 17 of 2011 s. 28)

### Telecommunications Ordinance 《電訊條例》

44. Transitional and savings provisions—Broadcasting and Telecommunications Legislation (Amendment) Ordinance 2020
Schedule 4 sets out the transitional and savings provisions relating to the Broadcasting and Telecommunications Legislation (Amendment) Ordinance 2020 (23 of 2020).
(Added 23 of 2020 s. 14)

45. Transitional and savings provisions—Telecommunications (Amendment) Ordinance 2021
(1) An act or thing that—
(a) has been done before the commencement date in the exercise of a power, or performance of a function or duty, by the former Appeal Board under the pre-amended Ordinance; and
(b) is in force immediately before the commencement date,
continues to be in force on or after the commencement date as if the 2021 Amending Ordinance had not been enacted.
(2) An appeal that is pending immediately before the commencement date is to be dealt with by the new Appeal Board under this Ordinance as amended by the 2021 Amending Ordinance on or after the commencement date.
(3) Section 32N(1D) applies only in relation to a decision, determination or requirement made, or a direction issued, on or after the commencement date.
(4) In this section—
2021 Amending Ordinance (《2021年修訂條例》) means the Telecommunications (Amendment) Ordinance 2021 (38 of 2021);
*commencement date (生效日期) means the date on which the 2021 Amending Ordinance comes into operation;
former Appeal Board (前上訴委員會) means the Appeal Board as defined by section 32L of the pre-amended Ordinance;
new Appeal Board (新上訴委員會) means the Appeal Board as defined by section 32L as amended by the 2021 Amending Ordinance;
pre-amended Ordinance (《原有條例》) means this Ordinance as in force immediately before the commencement date.
(Added 38 of 2021 s. 16) Editorial Note: 
* Commencement date: 24 June 2022.