1962-HKRS28-8-29_Part03 — Page 31

Transmission

by telecom. munication officer of

message not paid for.

Damaging telecom-

munication installation with intent.

Transmission of false

Messuges.

Entry on certain land. without permission.

Penalty for contraven- tion of order under section 33.

Obstruction

elc.

10

26. A telecommunication officer who, with intent to defraud, trans- mits by telecommunication a message in respect of which the charge prescribed by or under this Ordinance has not been paid shall be guilty of an offence and shall be able on summary conviction to a fine of two thousand dollars and to imprisonment for two years.

27. Any person who damages, removes or interferes in any way whatsoever with a telecommunication installation with intent to-

(a) prevent or obstruct the transmission or delivery of a message:

or

(b) intercept or discover the contents of a message,

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.

28. Any person who transmits, or causes to be transmitted, by telecommunication a message that he knows to be false shall be guilty of an offence and shall be liable on summary conviction to a line of onc thousand dollars and to imprisonment for two years.

29. Any person who, without lawful authority or excuse. enters or remains on any land in the occupation of a person who provides a telecommunication service shall be guilty of an offence and shall be liable on summary conviction to a fine of two hundred and fifty dollars.

30. Any person who fails to comply with an order under section 33 shall be guilty of an offence and shall be liable on summary convic tion to a fine of two thousand dollars and to imprisonment for twelve months.

31. Any person who wilfully obstructs the Authority or any public of Authority, officer in the exercise of any power conferred upon him by this Ordin- ance shall be guilty of an offence and shall be liable on summary con- viction to a fine of one thousand dollars and to imprisonment for six months.

where offeneso

Liability of

32. Where a person by whom an offence under this Ordinance is directors, etc. committed is a corporation and it is proved that the offence was com- committed by mitted with the consent or connivance of a director or other officer corporation. concerned in the management of the corporation, the director or other

officer shall be guilty of the like offence.

Power of

Gavemor lo prohibit transmission

of messages,

clc.

PART VI

SUPPLEMENTARY AND MISCELLANEOUS.

33. Whenever he considers that the public interest so requires, the Governor, or any public officer authorized in that behalf by the Governor either generally or for any particular occasion, may order that any message or any class of messages brought for transmission by telecommunication shall not be transmitted or that any message or any

LT

class of messages brought for transmission, or transmitted or received or being transmitted, by telecommunication shall be intercepted or de- mained or disclosed to the Government or to the public officer specified in the order.

34. (1) A licence granted under this Ordinance by the Governor General in Council shall be valid for such period, and shall be subject to the provisions as

to licences, payment of such fee, royalty or other charge whatsoever, annually or clc. otherwise, as is specified therein, and shall be subject to such conditions as the Governor in Council may, from time to time, specify and, where the Governor in Council considers it desirable in the public interest, may confer on the person to whom it is granted an exclusive right to maintain any service to the public in connexion with which the licence is granted.

(2) Every licence granted under this Ordinance by the Authority shall be valid for the period or until the day prescribed by the regula- tions, but, save as otherwise provided by the regulations, may be renewed for a period of one year at a time,

(3) Any licence, peruit, permission or consent granted under this Ordinance by the Authority shall be subject to the conditions (if any) prescribed by or under the regulations and to such other conditions as the Authority specifies on the grant or renewal thereof, being conditions that the Authority considers necessary for the purpose of carrying out the objects of this Ordinance.

(4) Any licence, permit, permission or conscni granted under this Ordinance may at any time be cancelled or withdrawn by the authority by whom it was granted, or suspended by such authority for such period, not exceeding twelve months, as the authority specifies, in the event of any contravention by the licensee or the person to whom the permit, permission or consent was granted, as the case may be, of this Ordinance or of any condition to which the licence, permit, permission or consent is subject, and any such licence may be cancelled or sus- pended at any time by the Governor in Council if he considers that the public interest so requires.

(5) Where any licence, permit, permission or consent granted under this Ordinance is cancelled, withdrawn or suspended, no part of any fee or other sum paid in respect thereof or thereunder shall be refunded.

35. (1) The Authority, or any public officer authorized in writing Power of in that behalf by the Authority, may-

(a) arrest any person whom he 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

Authority.