1962-HKRS29-8-29_Part03 — Page 22

3

Tnterpreta.

(on.

Application

to Crown,

Saving of

2

2. In this Ordinance, unless the context otherwise requires-

"Authority" means the Telecommunications Authority appointed under

section 5;

"licensee" means the holder of a licence for the time being in force

under this Ordinance;

"message" means any communication sent or received or made by telecommunication or given to a telecommunications officer to be sent by telecommunication or to be delivered;

"radiocommunication" means communication by radio waves;

"telecommunication" means any transmission, emission or reception of signs, signals, writing, images, sounds or intelligence of any nature by visual means or by wire or radio waves or any other electro- magnetic systern";

"telecommunication installation" means any apparatus or equipment maintained for or in connexion with a telecommunication service:

"telecommunication officer" means any person employed in connexion

with a telecommunication service:

"telecommunication service" means the provision of facilities for use by members of the public or by any person for the transmission or reception of messages or the provision on loan, lease or hire to members of the public or to any person of apparatus for telecom- munication either within the Colony or with soy place outside the Colony,

3. Save as otherwise expressly provided, this Ordinance does not bind the Crown or apply to any means of telecommunication established or maintained by the Crown or to any apparatus for telecommunication possessed or used by the Crown for the purpose of or in connexion with any such means of telecommunication.

4. Nothing in this Ordinance shall prevent the Crown from Crown rights, establishing and maintaining any means of telecommunication to the

exclusion of all other persons.

Appointment

of Telecom-

munications Authority.

PART II.

APPOINTMENT OF TELECOMMUNICATIONS AUTHORITY,

5. The Governor may appoint such public officer as he thinks fit to be the Telecommunications Authority for the purposes of this Ordinance.

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powers.

6. The Authority may, in writing, delegate to any public officer. Delegation of either generally or for any particular occasion and either by name or by reference to a public office, such of his powers and functions under this Ordinance as he considers necessary:

Provided that no delegation made hereunder shall preclude the Authority from exercising or performing at any time any of the powers or functions so delegated.

PART III,

CONTROL OF TELECOMMUNICATIONS.

7. The Governor in Council and, subject to regulations made Power of under section 37, the Authority may, in accordance with this Ordinance. Governor is

Council to grant to such persons as they think fit licences to establish and maintain grant any means of telecommunication and to possess and use apparatus for radiocommunication or any apparatus of any kind that generates and amits radio waves.

licences.

mat and

8. (1) Save under and in accordance with a licence granted by Prohibition the Governor in Council or with the appropriate licence granted by the of establiste Authority, no person shall in the Colony or on board any British ship maintenance or aircraft that is registered in the Colony-

(a) establish or maintain any means of telecommunication; or (b) possess or use any apparatus for radiocommunication or any apparatus of any kind that generates and emits radio waves notwithstanding that the apparatus is not intended for radio- communication;

(c) deal in the course of trade or business in apparatus or material for radiocommunication or in any component part of any such apparatus or in apparatus of any kind that generates and emits radio waves whether or not the apparatus is intended, or capable of being used, for radiocommunication; or

(d) demonstrate, with a view to sale in the course of trade or business, any apparatus or material for radiocommunication.

(2) For the avoidance of doubt, it is hereby declared that the fact that the person from whom any apparatus for telecommunication is loaned, leased or hired, or the person maintaining a means of tele- communication of which other apparatus forms part or with which

of means of telecom- munication,

etc., except under licence.