### Telecommunications (Control of Interference) Regulations 《電訊(管制干擾)規例》

4. Users
(1) The requirement referred to in regulation 7 shall be complied with in the case of every apparatus to which these regulations apply, whether manufactured, assembled, installed, imported, purchased, hired or otherwise obtained before or after the day on which these regulations are published in the Gazette, if such apparatus is to be used in Hong Kong: (L.N. 256 of 1994)

Provided that in the case of an apparatus belonging to the class specified in regulation 2(1)(a) or (ab), the use of the apparatus shall be deemed to comply with the said requirement if the person using the apparatus establishes— (L.N. 72 of 2014)
(a) that suppressors were fitted to the apparatus by the manufacturer, assembler or importer of— (L.N. 72 of 2014)
(i) the apparatus; or
(ii) if the apparatus belongs to the class specified in regulation 2(1)(a), the boat or vehicle concerned; and
(b) that the suppressors so fitted remained fitted to the apparatus at the time of use, or that suppressors having the same electrical characteristics had been correctly fitted to the apparatus at that time in substitution for those fitted as aforesaid, and in either case that the suppressors were then in good electrical and mechanical repair and condition; and
(c) that the apparatus at the time of the use consisted of the same components as those which were fitted at the time when— (L.N. 72 of 2014)
(i) the apparatus was manufactured or assembled; or
(ii) if the apparatus belongs to the class specified in regulation 2(1)(a), the boat or vehicle concerned was manufactured or assembled,
or that any components that had been substituted for those components had the same electrical characteristics and had been correctly fitted.
(2) Save as provided in paragraph (3) and in regulation 9, it shall not be unlawful for any person to use any apparatus to which these regulations apply by reason only that it does not comply with the requirement referred to in regulation 7, but the non-compliance therewith shall be a ground for the giving of a notice under regulation 5.
(3) Any person who uses an apparatus belonging to the class specified in regulation 2(1)(a) or (ab) that does not comply with the requirement referred to in regulation 7 shall be guilty of an offence and shall be liable on summary conviction, in the case of the first such offence, to a fine at level 1 and, in the case of any subsequent such offence, to a fine at level 2. (L.N. 153 of 1993; L.N. 256 of 1994; E.R. 1 of 2013)
(L.N. 72 of 2014)

### Telecommunications (Control of Interference) Regulations 《電訊(管制干擾)規例》

6. Entry and search of premises, etc.
Where a magistrate is satisfied by information on oath—
(a) that there is reasonable ground for believing that, on any specified premises or in any specified vessel, aircraft or vehicle, apparatus to which these regulations apply is to be found which does not comply with the requirement applicable to it under these regulations; and
(b) that it is necessary to enter those premises, or that vessel, aircraft or vehicle, and to examine or test any apparatus to which these regulations apply which may be found therein or thereon for the purpose of determining whether any such apparatus does or does not comply with the requirement applicable to it under these regulations; and
(c) that, within 14 days before the date of the application to such magistrate, access to the premises, vessel, aircraft or vehicle for the purpose aforesaid has been demanded by, or permission to examine any such apparatus as aforesaid which has been found therein or thereon has been requested by, the Authority or any public officer authorized in writing in that behalf by the Authority and producing sufficient documentary evidence of identity and, in the case of a public officer authorized as aforesaid, of the officer’s authority, but in either case has been unreasonably refused, (E.R. 1 of 2019)
the magistrate may issue his warrant empowering the Authority or any public officer or officers authorized in writing in that behalf by the Authority and named in such authorization to enter the premises or, as the case may be, the vessel, aircraft or vehicle and any premises on which it may be and to search the premises, vessel, aircraft or vehicle with a view to discovering whether any apparatus to which these regulations apply is situate thereon or therein, and, if the Authority, public officer or officers find any such apparatus thereon or therein, to examine and test it with a view to determine whether it does or does not comply with the requirement applicable to it under these regulations.
(17 of 2011 s. 28)

### Telecommunications (Control of Interference) Regulations 《電訊(管制干擾)規例》

7. Requirement
(1) The requirement referred to in regulations 3, 3A and 4 is that the apparatus must be designed, constructed, assembled and installed, and precautions must be taken in relation to it (by fitting suppressors or otherwise), so as to ensure that when the apparatus is used—
(a) for an apparatus belonging to the class specified in regulation 2(1)(a)—the interference of the boat or vehicle concerned complies with at least one of the standards or regulations specified in Part 1 of Schedule 1; or
(b) for any other apparatus—its interference complies with at least one of the standards or regulations applicable to the apparatus as specified in Schedule 1. (L.N. 72 of 2014)
(2) (Repealed L.N. 72 of 2014)(3) The requirement in paragraph (1) shall be deemed to be complied with for the purposes of regulations 3 and 4, in the case of a sale, offer or advertisement for sale, letting on hire, offer or advertisement for letting on hire or use of electrical lighting and similar equipment, if the person selling, offering or advertising for sale, letting on hire, offering or advertising for letting on hire or using, as the case may be, the apparatus, establishes— (L.N. 72 of 2014)
(a) that suppressors were fitted to the apparatus by the manufacturer, assembler or importer;
(b) that the suppressors so fitted remained fitted to the apparatus at the time of the sale, letting on hire, offer or advertisement for letting on hire or use, as the case may be, or that suppressors having the same electrical characteristics had been correctly fitted to the apparatus at that time in substitution for those fitted as aforesaid, and in either case that the suppressors were then in good electrical and mechanical repair and condition; and
(c) that the apparatus at the time of the sale, offer or advertisement for sale, letting on hire, offer or advertisement for letting on hire or use, as the case may be, consisted of the same components as those which were fitted at the time when the apparatus was manufactured or assembled, or that any components which had been substituted for those components had the same electrical characteristics and had been correctly fitted. (L.N. 153 of 1993)