### Telecommunications Ordinance 《電訊條例》

32C. Unauthorized modification of radio transmitters
A person who knowingly, and without lawful excuse, modifies, or causes to be modified, a radio transmitter that is licensed or authorized under a permit under this Ordinance so that the possession or use of the modified radio transmitter contravenes the licence or permit commits an offence and shall be liable on conviction to a fine at level 5 and to imprisonment for 2 years.
(Added 36 of 2000 s. 16)

32CA. Burden of proof
A person is taken to have shown a matter that needs to be shown under section 22A(3), (4), (5) or (6) or 22B(4) if—
(a) there is sufficient evidence to raise an issue with respect to the matter; and
(b) the contrary is not proved by the prosecution beyond reasonable doubt.
(Added 38 of 2021 s. 7)

32D. Standards
(1) The Authority may prescribe standards and specifications of—
(a) telecommunications networks, systems, installations, customer equipment and services;
(b) other non-telecommunications equipment generating, deliberately or incidentally, radio frequency energy that may cause interference to telecommunications networks, systems, installations, customer equipment and services; and
(c) other non-telecommunications equipment that may suffer interference from telecommunications networks, systems, installations, customer equipment and services,

in pursuit of the following objectives—
(i) to prevent or reduce radio interference or the risk of interference to telecommunications networks, systems, installations, customer equipment and services;
(ii) to facilitate correct, efficient or reliable operation of telecommunications;
(iii) to control the level of non-ionizing electromagnetic radiation that is allowed to be emitted by telecommunications apparatus; (Replaced 38 of 2021 s. 8)
(iv) to ensure that equipment complies with international or recognized industrial standards in respect of telecommunications functions; (Amended 38 of 2021 s. 8)
(v) to ensure the compatibility of the interfacing equipment between 2 or more interconnecting telecommunications networks, systems, installations, customer equipment or services;
(vi) to ensure the interoperability of customer equipment with the telecommunications system to which it is connected;
(vii) to ensure an acceptable quality of reception of telecommunications services;
(viii) as a means to achieve the objectives of this Ordinance.
(2) Without prejudice to the generality of section 6C, before prescribing the standards and specifications under subsection (1), the Authority shall carry out such consultation with the telecommunications industry as is reasonable in all the circumstances of the case.

### Telecommunications Ordinance 《電訊條例》

32E. Certification requirements
The Authority may—
(a) test or require the testing of equipment or installations against prescribed specifications;
(b) determine the measuring apparatus to be used, the method by which and the conditions under which tests are to be made;
(c) issue certificates to certify that the equipment or installation complies with prescribed specifications if the Authority is satisfied that the equipment or installation complies with the specifications;
(d) prescribe the labels to be affixed to the equipment or installation to show that the equipment or installation complies with the prescribed specifications and to impose requirements for securing information to be marked on, to be given in advertisements or to accompany specified telecommunications equipment or a specified installation;
(e) by order prescribe that equipment or an installation shall not be offered for sale unless the equipment or installation complies with the prescribed specifications or bears the prescribed label;
(f) recover the actual costs incurred plus overhead from persons submitting equipment or installations for testing against the prescribed specifications;
(g) accredit other organizations or institutions for the purpose of carrying out the responsibilities set out in paragraphs (a) and (c).

### Telecommunications Ordinance 《電訊條例》

32G. Spectrum management
(1) The Authority shall promote the efficient allocation and use of the radio spectrum as a public resource of Hong Kong.
(2) Without prejudice to the generality of section 6C, before exercising its powers under sections 32H(2)(a) and (b) and 32I(1), the Authority shall carry out such consultation with— (Amended 17 of 2011 s. 28)
(a) the telecommunications industry; and
(b) such other persons who may be directly affected by the exercise of such powers,

as is reasonable in all the circumstances of the case.

### Telecommunications Ordinance 《電訊條例》

32H. Power to allocate frequency
(1) The Authority may assign—
(a) frequencies and bands of frequencies in all parts of the radio spectrum used in Hong Kong or on board a ship, aircraft or space object that is registered or licensed in Hong Kong; and
(b) satellite orbital positions and parameters for satellites registered or licensed in Hong Kong,

and shall keep a central register of the frequencies, bands of frequencies and satellite orbital positions and parameters assigned.
(2) The Authority may—
(a) subject to the consultation requirement under section 32G(2), divide any part of the radio spectrum into the number of bands of frequencies it thinks appropriate and specify the general purpose for which each band may be used; 
(b) subject to the consultation requirement under section 32G(2), divide a frequency band into the channels it considers appropriate and specify the general purpose for which each channel may be used; 
(c) assign the frequencies or bands of frequencies to users of radiocommunications apparatus and specify the purpose for which and the conditions under which the frequencies or bands of frequencies are to be used.(Amended 17 of 2011 s. 28)
(3) Subject to subsection (4), the Authority may vary or withdraw frequencies, bands of frequencies or satellite orbital positions or parameters assigned, or vary the purposes for which and the conditions under which the frequencies, bands of frequencies or satellite orbital positions or parameters are to be used.
(4) The Authority may only exercise its authority under subsection (3) if the Authority has given reasonable notice of the intended variation or withdrawal to the licensee which has been assigned the relevant frequency, band of frequency or satellite orbital position or parameter.
(5) A person shall not, in Hong Kong or on board any ship, aircraft or space object that is registered or licensed in Hong Kong, use a frequency in any part of the radio spectrum unless the frequency is assigned, or located within a band of frequencies assigned, by the Authority or the use is for the purpose and in compliance with the conditions specified by the Authority.
(6) Where an assignment which may be made under subsection (1) relates to the use of spectrum which under section 32I is subject to the payment of spectrum utilization fee—
(a) by the user of the spectrum; and
(b) the method for determining which is prescribed under section 32I(2)(b),

then the Authority may, in determining applications for the assignment, regard the fees, if any, arising or resulting from that method as a determining factor in relation to those applications. (Added 12 of 2001 s. 3)