### Submarine Telegraph Ordinance 《海底電報條例》

1. Short title
This Ordinance may be cited as the Submarine Telegraph Ordinance.
[cf. 1885 c. 49 s. 1 U.K.]

2. Interpretation
In this Ordinance, unless the context otherwise requires—
master (船長) includes every person having command or charge of a vessel;
officer (高級船員) means an officer commanding such a ship as described in Article X of the Schedule;
person (人) includes a body of persons corporate or unincorporate;
the Convention (《公約》) means the Convention for the Protection of Submarine Cables which was made at Paris on 14 March 1884 and which was established in the French language;
vessel (船隻) means every description of vessel used in navigation in whatever way it is propelled; and any reference to a vessel shall include a reference to a boat belonging to such vessel.
(Amended 28 of 1998 s. 2; E.R. 3 of 2022)[cf. 1885 c. 49 s. 12 U.K.]

3. Convention to have the force of law
Subject to the provisions of this Ordinance, the Convention as set out in the Schedule, being an English translation of the French original, shall continue to have the force of law in Hong Kong.

[cf. 1885 c. 49 s. 2 U.K.]

4. Contravention of Article II of the Convention
(1) A person who unlawfully and wilfully breaks or damages any submarine cable to which the Convention applies, in such manner as might interrupt or obstruct in whole or in part telegraphic communication, commits an offence and is liable on conviction on indictment to a fine of $500,000 and to imprisonment for 5 years.
(2) A person who by culpable negligence breaks or damages any submarine cable to which the Convention applies, in the manner described in subsection (1), commits an offence and is liable on summary conviction to a fine at level 6 and to imprisonment for 1 year.
(3) A person who attempts to break or damage, unlawfully and wilfully, any submarine cable to which the Convention applies, in the manner described in subsection (1), commits an offence and is liable to be punished in like manner as if he had committed an offence under subsection (1).

[cf. 1885 c. 49 s. 3(1) & (2) U.K.]

### Submarine Telegraph Ordinance 《海底電報條例》

5. Defences and exceptions
(1) Where a person does any act for the purposes of—
(a) preserving the life of or preventing injury to himself or any other person; or
(b) preserving the vessel to which he belongs or any other vessel,
and takes all reasonable precautions to avoid damage to a submarine cable, such person is deemed not to have acted unlawfully and wilfully within the meaning of section 4.
(2) If in a bona fide attempt to repair a submarine cable, another cable is broken or damaged, such breakage or damage is deemed not to be unlawful and wilful.
(3) Subsection (2) shall not apply so as to exempt any person from any liability under this Ordinance or otherwise to pay the cost of repairing any breakage of or damage to any submarine cable.

[cf. 1885 c. 49 s. 3(3) & (4) U.K.]

6. Accessories
A person who—
(a) within Hong Kong; or
(b) being a permanent resident of the Hong Kong Special Administrative Region or a body corporate incorporated or established in Hong Kong, in any place outside Hong Kong, (Amended 28 of 1998 s. 2)
in any manner procures, counsels, aids, abets or is accessory to the commission of an offence under section 4, commits an offence and is liable to be tried and punished for the offence as if he had been a principal.
[cf. 1885 c. 49 s. 3(5) U.K.]

7. Obstruction of officers
A person who obstructs an officer in the exercise or performance of the powers and duties vested in and imposed on him by any Article of the Schedule, or who refuses or neglects to comply with any demand or direction lawfully made or given by such officer in pursuance of this Ordinance, commits an offence and is liable on summary conviction to a fine at level 6 and to imprisonment for 1 year.

[cf. 1885 c. 49 s. 6(1) & (2) U.K.]

### Submarine Telegraph Ordinance 《海底電報條例》

8. Evidence
(1) Any document drawn up in pursuance of Article VII or Article X of the Schedule shall be admissible in any proceeding, civil or criminal, as prima facie evidence of the facts or matters stated in the document.
(2) If evidence contained in any document as mentioned in subsection (1) was taken on oath in the presence of the person accused in such evidence, and the person accused had an opportunity of cross-examining the person giving such evidence and of making his reply to such evidence, the master or officer drawing up such document may certify the said facts, or any of them.
(3) Any document or certificate mentioned in this section purporting to be signed by a master or officer shall be admissible in evidence without proof of such signature, and, if purporting to be signed by any other person, shall, if certified by any such master or officer to have been so signed, be deemed until the contrary is proved to have been signed by such other person.
(4) A person who—
(a) forges the signature of any master or officer to any such document or certificate as is mentioned in this section; or
(b) makes use of any such document or certificate knowing the signature to it to be forged,
commits an offence and is liable on conviction on indictment to a fine of $150,000 and to imprisonment for 2 years.

[cf. 1885 c. 49 s. 8 U.K.]

9. Liability of masters of vessels
Where an offence against this Ordinance has been committed by means of a vessel, or of any boat belonging to a vessel, the master of such vessel shall, unless some other person is shown to have been in charge of and navigating such vessel or boat, be deemed to have been in charge of and navigating the same, and be liable to be punished accordingly.

[cf. 1885 c. 49 s. 9 U.K.]

10. Savings
(1) The provisions of this Ordinance shall be in addition to and not in derogation from any other provisions existing at common law or under any enactment for the protection of submarine cables.
(2) Subject to subsection (3)—
(a) nothing in this Ordinance shall prevent a person being liable under any Ordinance or otherwise to any indictment, proceeding, punishment, or penalty other than as is provided for by this Ordinance; and
(b) nothing in this Ordinance, nor any proceedings with respect to any matter, shall exempt a person from any liability in any action or suit with reference to the same matter.
(3) The provisions of subsection (2) shall not apply so that a person—
(a) is punished twice for the same offence; or
(b) is required to pay compensation twice in respect of the same damage.

[cf. 1885 c. 49 s. 10 U.K.]

### Submarine Telegraph Ordinance 《海底電報條例》

11. Repeal of Submarine Telegraph Act 1885
(1) The Submarine Telegraph Act 1885 (1885 c. 49 U.K.), in so far as it is part of the law of Hong Kong, is repealed.
(2) Sections 23 to 25 of the Interpretation and General Clauses Ordinance (Cap. 1) apply in relation to the repeal of Act referred to in subsection (1) as they apply in relation to the repeal of an Ordinance.