1962-HKRS28-8-29_Part03 — Page 30

Work affect- ing telecom- munication Not.

Power to

euter on land to inspect repair, etc. telecom- munication lines.

Contraven-

tion of

section 8 an

Difence.

Contraven- tion of

section 9 at

offence.

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(2) Any order of a magistrate in proceedings under subsection (1) shall be final.

18. (1) Aoy person who proposes to carry out on any land work that may affect a telecommunication line maintained by the Authority or a licensee in, over, upon or near the land shall give to the Authority or the licensee, as the case may be, notice in writing of his intention to carry out the work.

(2) All reasonable precautions shall be taken in the carrying out of such work to prevent damage to any telecommunication line in, over, upon, or near the land, and the Authority or the licensee, as the case may be, may recover from the person on whose behalf the work is carried out any expenses incurred in making good any damage to a telecommunication line caused by a failure to take such precautions.

(3) In any proceedings under subsection (2) for the recovery of the expenses incurred by the Authority or the licensee, it shall be presumed, until the contrary is proved, that the work was carried out on behalf of the owner of the land.

19. The Authority and a licensee may at such times as may be necessary enter upon any land, in, over or upon which he maintains a telecommunication line or a post for the purpose of inspecting, repairing. removing or altering such line or post.

PART V.

OFFENCES AND PENALTIES.

20. (1) Save as provided in subsection (2), any person who con- travenes subsection (1) of section 8 shall be guilty of an offence and shall be liable-

(a) on summary conviction, to a fine of five thousand dollars and

to imprisonment for two years; and

(b) on conviction on indictment, to a fine of ten thousand dollars

and to imprisonment for five years.

(2) Any person who contravenes subsection (1) of section 8 in respect of a broadcast receiver shall be guilty of an offence and shall be liable on summary conviction to a fine of one thousand dollars and to imprisonment for six months.

21. Any person who contravenes section 9 shall be guilty of an offence and shall be liable on summary conviction to a fine of three thousand dollars and to imprisonment for twelve months.

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22. In the event of a contravention of subsection (1) of section 10 Penalty in or subsection (1) of section II or section 12, the master of the vessel or event of com-

travention of the captain of the aircraft, as the case may be, or the person at whose section 10. direction the radiocommunication apparatus was used, shall be guilty of 11 or 12. an offence and shall be liable on summary conviction to a fine of five thousand dollars.

ent:ssages,

23. Any person who, knowing or having reason to believe that a Transmitting means of telecommunication is being maintained in contravention of or receiving this Ordinance, transmits or receives any message by such means of ex, by telecommunication or performs any service incidental to the transmis- wolicensed sion or reception of any such message or delivers any message for

means of transonission by such means of telecommunication or takes delivery of rounication. any message sent thereby shall be guilty of an offence and shall be liable on summary conviction to a fine of five thousand dollars.

tebesona

24. A telecommunication officer, or any person who, though not a Offences by telecommunication officer, has official duties in connexion with a tele. telecom.

munication communication service, who-

officer, etc.

(a) wilfully destroys, secretes or alters any message that he has

received for transmission or delivery;

(6) 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 of two thousand dollars and to imprisonment for two years.

25. Any person, not being a telecommunication officer, or a person who, though not a telecommunication officer, has official duties in con- nexion with a telecommunication service, who-

(a) wilfully destroys, secretes, detains or delays a message intended

for delivery to some other person; or

(6) having been required by a telecommunication 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,

shall be guilty of an offence and shall be liable on summary conviction to a fine of one thousand dollars and to imprisonment for twelve months.

Destruction,

etc. of messages by

persons

other than telecom- munication. officers.