### Telecommunications Ordinance 《電訊條例》

32Q. Appeal Board’s decision is final
Subject to section 32R, the determination of an appeal by the Appeal Board or any order as to costs made by the Appeal Board shall be final.

32R. Case may be stated for Court of Appeal
(1) The Appeal Board may refer any question of law arising in an appeal to the Court of Appeal for determination by way of case stated.
(2) On the hearing of the case, the Court of Appeal may—
(a) determine the question stated; or
(b) remit the case to the Appeal Board, in whole or in part, for reconsideration in the light of the Court’s determination.
(3) Where a case is stated under subsection (1), the Appeal Board shall not determine the relevant appeal before the Court of Appeal determines the relevant point of law.

32S. Offences relating to appeals, etc.
(1) In relation to an appeal, any person who, without reasonable excuse, refuses or fails—
(a) to attend and give evidence when required to do so by the Appeal Board;
(b) to answer truthfully and completely questions put to him by the Appeal Board; or
(c) to produce any document which he is required by the Appeal Board to produce,

commits an offence and is liable on summary conviction to a fine at level 4.
(2) Any person who publishes or otherwise discloses any material in contravention of—
(a) an order under section 32O(1)(d)(vii); or
(b) subject to subsection (3), an order under section 32O(1)(d)(viii),

commits an offence and is liable on summary conviction to a fine at level 4.
(3) It shall be a defence for a person charged with an offence under subsection (2)(b) to prove that he did not know and had no reason for knowing that the Appeal Board had made an order under section 32O(1)(d)(viii) prohibiting the publication or other disclosure of the material concerned.

32T. Immunity
(1) The Chairman, a Deputy Chairman and a panel member have, in the performance of their duties under this Part, the same privileges and immunities as a judge of the Court of First Instance in civil proceedings in that court.
(2) A witness before the Appeal Board shall be entitled to the same privileges and immunities as if he were a witness in civil proceedings in the Court of First Instance.

### Telecommunications Ordinance 《電訊條例》

32U. Rules
The Secretary for Commerce and Economic Development may make rules— (Amended L.N. 106 of 2002; L.N. 130 of 2007)
(a) to provide for the lodging of appeals;
(b) relating to the practice and procedure of the Appeal Board.

33. Orders for interception of messages for provision of facilities
(1) For the purpose of providing or making available facilities reasonably required for—
(a) the detection or discovery of any telecommunications service provided in contravention of any provision of this Ordinance or any regulation made under this Ordinance or any of the terms or conditions of a licence granted under this Ordinance; or
(b) the execution of prescribed authorizations for telecommunications interception that may from time to time be issued or renewed under the Interception of Communications and Surveillance Ordinance (Cap. 589),

the Chief Executive may order that any class of messages shall be intercepted.
(2) An order under subsection (1) shall not of itself authorize the obtaining of the contents of any individual message.
(2A) If an order has been made under subsection (1)(b), no investigation may be initiated in relation to any matter relating to the compliance with the order otherwise than pursuant to a request by the Chief Executive and in accordance with any conditions the Chief Executive may have imposed in the request. (Added 17 of 2011 s. 24)
(3) In this section—
contents (內容), in relation to any message, has the meaning assigned to it in section 2(6) of the Interception of Communications and Surveillance Ordinance (Cap. 589) in relation to a communication referred to in that section;
prescribed authorization (訂明授權) has the meaning assigned to it in section 2(1) of the Interception of Communications and Surveillance Ordinance (Cap. 589);
telecommunications interception (電訊截取) has the meaning assigned to it in section 2(1) of the Interception of Communications and Surveillance Ordinance (Cap. 589).
(Replaced 20 of 2006 s. 68)

### Telecommunications Ordinance 《電訊條例》

35. Power of Authority
(1) The Authority, or any public officer authorized in writing in that behalf by the Authority, may—
(a) arrest any person whom the Authority or public officer reasonably suspects of being guilty of an offence under this Ordinance;
(b) subject to subsection (2), enter and search any place, or board and search any vessel (other than a ship of war) or any aircraft (other than a military aircraft) or search any vehicle, in which the Authority or public officer reasonably suspects that there is anything liable to seizure under paragraph (c);
(c) seize, remove and detain—
(i) anything in respect of which the Authority or public officer reasonably suspects that an offence under this Ordinance has been committed;
(ii) anything that appears to the Authority or public officer to be or to be likely to be, or to contain, evidence of an offence under this Ordinance;
(d) enter and inspect the premises at or from which any person manufactures, sells or otherwise deals in apparatus that may be used for telecommunications and require the production to the Authority or public officer of any books or documents relating to such apparatus. (Amended 36 of 2000 s. 28)
(2) Where he is satisfied by information on oath that there is reasonable ground for suspecting that there is in any premises used for dwelling purposes anything that is liable to seizure under subsection (1)(c), a magistrate may issue his warrant authorizing such premises to be entered and searched by the Authority or any other public officer, and no premises used for dwelling purposes shall be entered or searched under this Ordinance except pursuant to the warrant of a magistrate issued under this subsection.
(3) The Authority or any public officer may—
(a) break open any outer or inner door of any place that the Authority or public officer is empowered or authorized by or under this Ordinance to enter and search;
(b) forcibly board any vessel, aircraft or vehicle that the Authority or public officer is empowered by this Ordinance to board and search;
(c) remove by force any person or thing obstructing any arrest, detention, search, inspection, seizure or removal that the Authority or public officer is empowered by this Ordinance to make;
(d) detain any person found in any place that the Authority or public officer is empowered or authorized by or under this Ordinance to search until such place has been searched;
(e) detain any vessel or aircraft that the Authority or public officer is empowered by this Ordinance to board and search, and prevent any person from approaching or boarding such vessel or aircraft, until it has been searched;
(f) detain any vehicle that the Authority or public officer is empowered by the Ordinance to search until it has been searched.
(Amended 17 of 2011 s. 28)