TNAG-1695-FCO40-2351-Future-of-Hong-Kong-nationality-1987 — Page 145

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CONFIDENTIAL

For discussion on 25 March 1986

Annex A

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Copy No.

MEMORANDUM FOR EXECUTIVE COUNCIL

Telecommunication Ordinance (Chapter 106)

TELECOMMUNICATION (EXEMPTION FROM LICENSING) (AMENDMENT) ORDER 1986

21...

TELECOMMUNICATION (CABLE AND WIRELESS (HONG KONG) LIMITED) (EXEMPTION FROM LICENSING) (AMENDMENT) ORDER 1986

TELECOMMUNICATION (PUBLIC NON-EXCLUSIVE TELECOMMUNICATIONS SERVICE CUSTOMERS) EXEMPTION FROM LICENSING) (AMENDMENT) ORDER 1986

Introduction

means

the

The Telecommunication Ordinance requires that all of telecommunication must be operated under a licence granted either by the Governor in Council or by the Telecommunications Authority under regulations made by Governor in Council. As the

licensing of individual subscribers to telecommunication services is considered unnecessary, three sets of Exemption Orders have been made exempting from

from licensing customers of Hong Kong Telephone Company Limited (Telco) (in 1979), of Cable and Wireless (Hong Kong) Limited (CWHK) (in 1981), and of

and of customers of Public Non-Exclusive Telecommunications Service (PNETS) licensees (in 1984).

2

Concern has arisen that the present wording of the three Exemption Orders (the Exemption Orders) may unintentionally exempt from licensing individuals or organizations who make use of the local and international telecommunication

to provide other public telecommunication services at a profit.

3

advice

networks

The purpose of this memorandum is to seek Member's, on whether the Exemption Orders should be amended in order to exclude clearly from the scope of the exemptions providers of public telecommunication services.

Background

4

In 1984, CWHK expressed concern that with the present wording of the Exemption Orders, it appeared that companies intending to provide public telecommunication services would not need to obtain a

arises because the

licence.

This

CONFIDENTIAL