### Communications Authority Ordinance 《通訊事務管理局條例》

4. Functions of Authority
(1) The Authority has all the functions conferred on it by or under the Broadcasting (Miscellaneous Provisions) Ordinance (Cap. 391).
(1A) The Authority has all the functions conferred on it by or under Part 11 of the Competition Ordinance (Cap. 619). (Added 14 of 2012 s. 176 and E.R. 1 of 2013. Format changes—E.R. 1 of 2016)
(2) All functions conferred on the Telecommunications Authority by or under the Telecommunications Ordinance (Cap. 106), the Broadcasting Ordinance (Cap. 562), the Unsolicited Electronic Messages Ordinance (Cap. 593) or any other Ordinance as they were in force immediately before the commencement date and not inconsistent with this Ordinance are conferred on the Authority.
(3) It is also the function of the Authority to tender advice to the Secretary for Commerce and Economic Development on any legislation, legislative proposals and regulatory policies relating to telecommunications, broadcasting, anti-spamming or activities connected with the telecommunications or broadcasting sectors.
(4) Without limiting any other matters to which the Authority may have regard, in performing its functions, the Authority must have regard to such of the following as appear to it to be relevant in the circumstances—
(a) the fostering of an environment that supports a vibrant communications sector to enhance Hong Kong’s position as a communications hub in the region;
(b) the encouragement of innovation and investment in the communications market;
(c) the promotion of competition and adoption of best practices in the communications market for the benefit of the industry and consumers; and
(d) acting in a manner consistent with the provisions of the Hong Kong Bill of Rights Ordinance (Cap. 383).

5. Incidental powers
The Authority has all the incidental powers that are reasonably necessary for the performance of its functions.

6. Annual report
(1) The Authority must submit to the Chief Executive, at least once in each year, a report on the work of the Authority relating to telecommunications, broadcasting, anti-spamming or activities connected with the telecommunications and broadcasting sectors.
(2) Every report submitted under subsection (1) must be tabled in the Legislative Council.

7. Broadcasting Authority dissolved
The Broadcasting Authority is dissolved.

### Communications Authority Ordinance 《通訊事務管理局條例》

9. Chairperson and vice-chairperson
(1) The Chief Executive must appoint—
(a) a member of the Authority appointed under section 8(1)(a) to be the chairperson of the Authority; and
(b) a member of the Authority to be the vice-chairperson of the Authority.
(2) The Chief Executive may revoke any appointment made under subsection (1) if the Chief Executive is of the opinion that the chairperson or vice-chairperson is unable or unfit to perform the functions of chairperson or vice-chairperson due to any reason referred to in section 8(5) or other sufficient cause.
(3) A member appointed under subsection (1) may resign from office at any time by notice in writing to the Chief Executive.

### Communications Authority Ordinance 《通訊事務管理局條例》

10. Meetings
(1) Subject to subsections (2), (3) and (5), meetings of the Authority are to be held at times and places appointed by the chairperson or, if the chairperson is absent, the vice-chairperson.
(2) The chairperson must convene a meeting if requested by—
(a) the vice-chairperson;
(b) the Director-General; or
(c) any 2 members.
(3) In the absence of the chairperson, the vice-chairperson must convene a meeting if a request is made under subsection (2)(b) or (c).
(4) At any meeting of the Authority—
(a) a majority of the members for the time being in office form a quorum;
(b) the chairperson or, if the chairperson is absent or vacates the chair, the vice-chairperson, or, if the vice-chairperson also is absent or vacates the chair, a member appointed by the members present, presides;
(c) every question is to be determined by a majority of votes of the members present and voting on it;
(d) in the event of an equality of votes, the member presiding has a casting vote in addition to the member’s original vote.
(5) The Authority is to make standing orders, not inconsistent with this Ordinance, for the purposes of regulating—
(a) the number of meetings to be held by the Authority in any year;
(b) the procedures to be followed at the meetings;
(c) the conduct of any meeting to which subsection (6) applies, in order to ensure that the confidentiality of the meeting, if any, is not compromised; and
(d) the supply of any documents or information relating to any matter to a member who has or may have an interest in the matter.
(6) Subject to prior approval of the chairperson or vice-chairperson (if the chairperson is absent) and compliance with standing orders made under subsection (5), a member is taken to be present at a meeting if—
(a) the member participates in the meeting by telephone, video conferencing or other electronic means; and
(b) the member is able to communicate with the other members present and they are able to communicate with the member.

### Communications Authority Ordinance 《通訊事務管理局條例》

11. Transaction of business by circulation of papers
(1) Subject to section 14, the Authority may transact any business by the circulation of papers among its members.
(2) A resolution in writing and signed by a majority of the members of the Authority for the time being in office (one of whom is the chairperson, vice-chairperson or Director-General) is as valid and effectual as if it had been passed at a meeting of the Authority convened and conducted in accordance with section 10.
(3) For the purpose of subsection (2), a resolution to which that subsection applies may be—
(a) in the form of one document; or
(b) in the form of more than one document, each in the same form and signed by one or more members of the Authority.
(4) If a resolution is in the form of more than one document as described in subsection (3)(b), the requirement under subsection (2) is satisfied if the documents together bear the signatures of the majority of the members of the Authority for the time being in office as provided in subsection (2).
(5) For the purposes of subsections (2), (3) and (4)—
(a) a document is taken to have been signed by a member of the Authority if a facsimile or electronic transmission of a document bears the signature of the member; and
(b) a resolution to which subsection (2) applies is taken to be made on the date on which the resolution is signed by the last person forming the majority for the purpose of that subsection.
(6) A reference to the circulation of papers in this section and sections 12 and 14 includes the circulation of information by electronic means, and the reference to papers in those sections is to be construed accordingly.

12. Request for meeting
(1) Any member of the Authority may request any business which is being transacted by the circulation of papers under section 11 to be transacted at a meeting of the Authority.
(2) A request under subsection (1) must be made by way of a notice in writing to the chairperson of the Authority within the period specified in the papers being circulated.
(3) If, in respect of any business being transacted by the circulation of papers, a notice is given under subsection (2) to the chairperson of the Authority, any resolution approved in writing under section 11 in respect of the business becomes void.