### Telecommunications Ordinance 《電訊條例》

22A. Contravention of section 18A an offence
(1) A person who contravenes section 18A(1) commits an offence and is liable on conviction to a fine at level 4 and to imprisonment for 6 months.
(2) A person who contravenes section 18A(2) commits an offence and is liable on conviction—
(a) if the contravention results in an interruption to a telecommunications service—to a fine of $200,000 and to imprisonment for 12 months; or
(b) in any other case—to a fine at level 4 and to imprisonment for 6 months,
and, in the case of a continuing offence, to a further fine of $10,000 for every day during which the offence continues.
(3) In proceedings against a person for an offence under subsection (1), it is for the person to show that the person took, before the work began, all reasonable steps to ascertain—
(a) whether any underground telecommunications line existed at the time within or near the proposed work site; and
(b) if so—the alignment and depth of the line.
(4) For the purposes of subsection (3), if the person shows that the person complied with an operative guideline relating to taking reasonable steps as referred to in section 18A(1), the person is taken to have shown that the person took all reasonable steps.
(5) In proceedings against a person for an offence under subsection (2), it is a defence for the person to show that the person complied with an operative guideline relating to taking reasonable measures as referred to in section 18A(2).
(6) Also, it is a defence for the person charged with an offence under subsection (2) to show that—
(a) the person took, before the work began, all reasonable steps for the purposes of section 18A(1); and
(b) any failure to take all reasonable measures for the purposes of section 18A(2) was due to reliance on information provided by the licensee authorized to place and maintain the underground telecommunications line concerned.
(Added 38 of 2021 s. 6)

### Telecommunications Ordinance 《電訊條例》

22B. Use of guidelines in criminal proceedings under section 22A
(1) This section applies in relation to criminal proceedings before a magistrate or a court in which a person is alleged to have committed an offence under section 22A(1) or (2).
(2) A provision of an operative guideline that appears to the magistrate or the court to be relevant to the alleged offence is admissible in evidence in the proceedings.
(3) Also, if—
(a) a provision of the operative guideline appears to the magistrate or the court to be relevant to a matter that the prosecution must prove in order to establish the offence; and
(b) the prosecution has proved that the person failed to comply with the provision at the relevant time,
the prosecution may rely on the failure as tending to prove the matter.
(4) However, subsection (3) does not apply if the person shows that, for the matter referred to in subsection (3)(a), a requirement alleged to have been contravened was complied with other than by complying with the provision of the operative guideline.
(Added 38 of 2021 s. 6)

23. Transmitting or receiving messages, etc., by unlicensed means of telecommunications
Any person who, knowing or having reason to believe that a means of telecommunications is being maintained in contravention of this Ordinance, transmits or receives any message by such means of telecommunications or performs any service incidental to the transmission or reception of any such message or delivers any message for transmission by such means of telecommunications or takes delivery of any message sent thereby shall be guilty of an offence and shall be liable on summary conviction to a fine at level 5.
(Amended 18 of 1994 s. 5; 36 of 2000 s. 28; E.R. 2 of 2012)

23A. Penalty for selling message received on sound broadcast receiving apparatus or a television receiver
Any person who, without the consent of the Authority— (Amended E.R. 1 of 2019)
(a) sells; or
(b) offers for sale; or
(c) publishes or reproduces for reward,
any message or information, or the sense or meaning of any message or information received by him or by any other person by means of a sound broadcast receiving apparatus or a television receiver shall be guilty of an offence and shall be liable on summary conviction to a fine at level 3 and to imprisonment for 6 months. (Amended E.R. 2 of 2012)
(Added 2 of 1968 s. 4. Amended 17 of 1972 s. 4; 18 of 1994 s. 6)

### Telecommunications Ordinance 《電訊條例》

24. Offences by telecommunications officer, etc.
(1) A telecommunications officer, or any person who, though not a telecommunications officer, has official duties in connection with a telecommunications service, who— (Amended 36 of 2000 s. 28; 9 of 2007 s. 63)
(a) wilfully destroys, secretes or alters any message that he has received for transmission or delivery;
(b) forges any message or utters any message that he knows to be forged or altered;
(c) wilfully abstains from transmitting any message or wilfully intercepts or detains or delays any message;
(d) otherwise than in pursuance of his duty or as directed by a court, copies any message or discloses any message or the purport of any message to any person other than the person to whom the message is addressed,

shall be guilty of an offence and shall be liable on summary conviction to a fine at level 4 and to imprisonment for 2 years. (Amended 18 of 1994 s. 7; E.R. 2 of 2012)
(2) This section does not apply to any act done by a telecommunications officer, or any person who, though not a telecommunications officer, has official duties in connection with a telecommunications service, for the purpose of—
(a) facilitating compliance with this Ordinance or the Unsolicited Electronic Messages Ordinance (Cap. 593);
(b) implementing the terms or conditions of a licence of a licensee or any contract made between a licensee and a customer of the licensee; or
(c) facilitating compliance with a lawful request of a customer of a licensee in connection with a service supplied by the licensee to the customer. (Added 9 of 2007 s. 63)

25. Secretion, etc., of messages by persons other than telecommunications officers
Any person, not being a telecommunications officer, or a person who, though not a telecommunications officer, has official duties in connection with a telecommunications service, who— (Amended 36 of 2000 s. 28)
(a) wilfully secretes, detains or delays a message intended for delivery to some other person; or (Amended 48 of 1972 s. 4)
(b) having been required by a telecommunications officer to deliver up to him a message in the possession of that person and intended for delivery to some other person, refuses or neglects to do so, (Amended 36 of 2000 s. 28)
shall be guilty of an offence and shall be liable on summary conviction to a fine at level 4 and to imprisonment for 12 months.
(Amended 18 of 1994 s. 8; E.R. 2 of 2012)