### Telecommunications Ordinance 《電訊條例》

7J. Inspection, etc., of facilities
(1) The Authority may, on giving reasonable prior written notice to a licensee, enter and inspect the offices, premises and places in Hong Kong where the licensee has installed a facility (including equipment associated with the facility), or used for providing services, to verify that the licensee is complying with the licence conditions.
(2) A licensee shall provide and maintain, up to the reasonable technical standards set by the Authority, facilities to enable the Authority to inspect, test, read or measure, as the case may require, any telecommunications installations, equipment (including but not limited to testing instruments), premises or places used or to be used for the installation of a telecommunications facility or the provision of a telecommunications service.
(3) A licensee may, at its option, and shall, on the prior written request of the Authority, and subject to the Authority giving reasonable prior written notice, provide a representative to be present at any inspection, testing, reading or measurement by the Authority.
(4) The Authority may, on giving reasonable prior written notice to a licensee, direct the licensee to demonstrate that a telecommunications installation complies with the technical requirements imposed under this Ordinance and regulations made under this Ordinance or any other directions that the Authority issues under this Ordinance or regulations made thereunder.
(5) A licensee shall provide adequate testing instruments and operating staff for the purposes of this section and otherwise comply with the directions of the Authority under this section.
(6) The Authority shall not exercise its power under subsection (1) in respect of any office, premises or place in such a way as to disrupt any operations being carried on therein— (Amended 17 of 2011 s. 28)
(a) by a licensee or any other person; and
(b) any more than is necessary for the proper exercise of that power in all the circumstances of the case.
(Added 36 of 2000 s. 4)

7O. Transitional provisions applicable to the repealed section 7
Where, immediately before the commencement of section 4 of the Telecommunication (Amendment) Ordinance 2000 (36 of 2000), there was in existence a licence granted or deemed to be granted under section 7, then, on and after that commencement, the licence shall, for the unexpired period of validity it had left to run immediately before that commencement and subject to the same conditions to which it was subject immediately before that commencement, be deemed to be a licence granted under this Ordinance, and the other provisions of this Ordinance (including any power under this Ordinance to cancel, withdraw or suspend a licence granted under this Ordinance) shall apply accordingly.
(Added 36 of 2000 s. 4)

### Telecommunications Ordinance 《電訊條例》

7Q. Exploitative conduct
(1) A licensee in a dominant position in a telecommunications market must not engage in conduct that in the opinion of the Authority is exploitative.
(2) A licensee is in a dominant position if, in the opinion of the Authority, it is able to act without significant competitive restraint from its competitors and customers.
(3) In considering whether a licensee is dominant, the Authority must take into account relevant matters including, but not limited to—
(a) the market share of the licensee;
(b) the licensee’s power to make pricing and other decisions;
(c) any barriers to entry to competitors into the relevant telecommunications market;
(d) the degree of product differentiation and sales promotion;
(e) any other relevant matters specified in guidelines issued under section 6D for the purposes of this section.
(4) Without limiting subsection (1), the Authority may consider the following conduct to be exploitative—
(a) fixing and maintaining prices or charges at an excessively high level; and
(b) setting unfair trading terms and conditions,
for or in relation to the provision of interconnection of the type referred to in section 36A(3D).
(Added 14 of 2012 s. 176)(Format changes—E.R. 1 of 2016)

### Telecommunications Ordinance 《電訊條例》

9. Control of import and export of radiocommunications transmitting apparatus
Save under and in accordance with a permit granted by the Authority, no person shall import into Hong Kong or export therefrom any radiocommunications transmitting apparatus unless he is the holder of a licence authorizing him to deal in the course of trade or business in such apparatus.
(Amended 33 of 2003 s. 3)

### Telecommunications Ordinance 《電訊條例》

9B. Application of section 9 to article in transit
Section 9 does not apply in relation to radiocommunications transmitting apparatus that is an article in transit other than air transit cargo exempted under section 9A.
(Added 33 of 2003 s. 3)

9C. Application of section 9 to transhipment cargo
(1) Subject to subsection (2), section 9 does not apply in relation to radiocommunications transmitting apparatus that is transhipment cargo other than air transhipment cargo exempted under section 9A if—
(a) not later than one working day before the date of arrival of the apparatus, the Authority is given—
(i) in respect of the apparatus a transhipment notification in such form and containing such information as may be specified by the Authority; and
(ii) such other documents as the Authority may reasonably require in support of the notification; and
(b) the apparatus remains at all times—
(i) in or on the vessel, aircraft or vehicle which carries it into Hong Kong (the first carrier

### Telecommunications Ordinance 《電訊條例》

11. Control of use of radiocommunications apparatus on aircraft in Hong Kong
(1) Save as otherwise provided in this section, no radiocommunications apparatus on board an aircraft shall be used while the aircraft is at any aerodrome in Hong Kong, except for the purposes of air traffic control and air navigation or for testing prior to flight of the apparatus used for air traffic control and air navigation purposes, notwithstanding that a licence, whether granted under this Ordinance or the law of any other territory, is in force in respect of such apparatus. 
(2) With the permission in writing of the Authority, radiocommunications apparatus on board an aircraft that is at an aerodrome in Hong Kong may be used in the carrying out of experimental tests. 
(3) The Authority may permit the use, on such occasions or for such period as it specifies, of radiocommunications apparatus on board an aircraft that is at an aerodrome in Hong Kong. (Amended 17 of 2011 s. 28)

(Amended 36 of 2000 s. 28)

12. No interference to telecommunications when apparatus on board vessel or aircraft is used
Except where life or the safety of any vessel or aircraft is at risk, nothing in section 10 or 11 shall authorize the use of any radiocommunications apparatus in such a manner as to cause interference with any other means of telecommunications within Hong Kong. 
(Replaced 69 of 1983 s. 4. Amended 36 of 2000 s. 28)

### Telecommunications Ordinance 《電訊條例》

13. Possession of telecommunications stations taken by Government in emergencies
(1) Where, in the opinion of the Chief Executive, an emergency has arisen in which it is expedient for the public service that the Government should have control over telecommunications stations, the Chief Executive, by warrant under his hand, may direct or cause such telecommunications stations as are specified in the warrant to be taken possession of and to be used for the service of the Government, and, subject thereto, for such ordinary service as may seem fit; or may direct and authorize such persons as he thinks fit to assume control of such telecommunications stations as he may specify and in such manner as he may direct.
(2) Any such warrant must not have effect for a longer time than one week from the issuing thereof, but the Chief Executive may issue successive warrants from week to week as long as, in his opinion, such emergency continues. 
(3) The Government shall pay to the owner of any telecommunications station taken possession of under this section, as compensation for any loss of profit sustained by the company by reason of the exercise of the powers conferred by this section such sum as may be agreed between the Government and the owner by agreement or in case of difference, by arbitration.

(Amended 36 of 2000 s. 28; 4 of 2024 ss. 6 & 9)