Competition Ordinance/Schedule 9

Layout 2

Transitional and Savings Provisions

1. Interpretation

In this Schedule—

“commencement date” (生效日期) means the date on which Part 11 comes into operation;

“pre-amended Broadcasting (Miscellaneous Provisions) Ordinance” (原有《廣播(雜項條文)條例》) means the Broadcasting (Miscellaneous Provisions) Ordinance (Cap. 391) in force immediately before the commencement date;

“pre-amended Broadcasting Ordinance” (原有《廣播條例》) means the Broadcasting Ordinance (Cap. 562) in force immediately before the commencement date;

“pre-amended Telecommunications Ordinance” (原有《電訊條例》) means the Telecommunications Ordinance (Cap. 106) in force immediately before the commencement date.

2. General provisions

Subject to sections 3 and 4 of this Schedule, anything that was done under the pre-amended Telecommunications Ordinance, the pre-amended Broadcasting (Miscellaneous Provisions) Ordinance or the pre-amended Broadcasting Ordinance and was in effect immediately before the commencement date is, in so far as it may be done under this Ordinance, to continue to have effect as if it were done under this Ordinance.

3. Transitional provisions relating to pre-amended Telecommunications Ordinance

(1) In this section—

“Appeal Board” (上訴委員會) has the meaning given by section 32L of the pre-amended Telecommunications Ordinance;

“appeal subject matter” (標的事項) has the meaning given by section 32L of the pre-amended Telecommunications Ordinance;

“licensee” (持牌人) has the meaning given by section 2(1) of the pre-amended Telecommunications Ordinance.

(2) Any conduct in relation to a licensee that—

(a) has taken place, or has in part taken place, before the commencement date; and

(b) but for the enactment of this Ordinance, would be regulated by section 7K, 7L, 7N or 7P of the pre-amended Telecommunications Ordinance,

may be investigated under that Ordinance on or after the commencement date, and the provisions of that Ordinance apply in relation to that investigation, as if this Ordinance had not been enacted.

(3) Any investigation initiated under the pre-amended Telecommunications Ordinance, before the commencement date, of any conduct in relation to a licensee that—

(a) has taken place, or has in part taken place, before the commencement date; and

(b) but for the enactment of this Ordinance, would be regulated by section 7K, 7L, 7N or 7P of that Ordinance,

may be continued under that Ordinance on or after the commencement date, and the provisions of that Ordinance continue to apply in relation to that investigation, as if this Ordinance had not been enacted.

(4) If—

(a) but for the enactment of this Ordinance, a person may make an appeal to the Appeal Board under section 32N of the pre-amended Telecommunications Ordinance; and

(b) the appeal subject matter relates to section 7K, 7L, 7N or 7P(14) of that Ordinance,

the appeal may be made to and disposed of by the Appeal Board under that Ordinance on or after the commencement date, and the provisions of that Ordinance apply in relation to that appeal, as if this Ordinance had not been enacted.

(5) If—

(a) an appeal made to the Appeal Board under section 32N of the pre-amended Telecommunications Ordinance has not been finally determined before the commencement date; and

(b) the appeal subject matter relates to section 7K, 7L, 7N or 7P(14) of that Ordinance,

the appeal may be continued and disposed of by the Appeal Board under that Ordinance on or after the commencement date, and the provisions of that Ordinance continue to apply in relation to that appeal, as if this Ordinance had not been enacted.

(6) If—

(a) but for the enactment of this Ordinance, a person may bring an action under the pre-amended Telecommunications Ordinance; and

(b) the action relates to—

(i) a breach of section 7K, 7L or 7N of that Ordinance; or

(ii) a breach of a licence condition, determination or direction relating to section 7K, 7L or 7N of that Ordinance,

the action may be brought under that Ordinance on or after the commencement date, as if this Ordinance had not been enacted.

(7) If—

(a) an action brought under the pre-amended Telecommunications Ordinance has not been finally determined before the commencement date; and

(b) the action relates to—

(i) a breach of section 7K, 7L or 7N of that Ordinance; or

(ii) a breach of a licence condition, determination or direction relating to section 7K, 7L or 7N of that Ordinance,

the action may be continued under that Ordinance on or after the commencement date, as if this Ordinance had not been enacted.

(8) The Commission may not take any action under this Ordinance in respect of a proposed change referred to in section 7P(6) of the pre-amended Telecommunications Ordinance if—

(a) the Communications Authority has given consent to the proposed change under section 7P(7)(a) or (b)(ii) or (iii) of that Ordinance, and the proposed change has not taken effect; or

(b) the proposed change takes effect on or after the commencement date—

(i) pursuant to the consent given by the Communications Authority under section 7P(7)(a) or (b)(iii) of that Ordinance; or

(ii) pursuant to the consent given, and in compliance with the direction issued, by the Communications Authority under section 7P(7)(b)(ii) of that Ordinance.

4. Transitional provisions relating to pre-amended Broadcasting (Miscellaneous Provisions) Ordinance and pre-amended Broadcasting Ordinance

(1) In this section—

“licensee” (持牌人) has the meaning given by section 2(1) of the pre-amended Broadcasting Ordinance;

“pre-amended Ordinance” (《原有條例》) means—

(a) the pre-amended Broadcasting (Miscellaneous Provisions) Ordinance; or

(b) the pre-amended Broadcasting Ordinance.

(2) Any conduct in relation to a licensee that—

(a) has taken place, or has in part taken place, before the commencement date; and

(b) but for the enactment of this Ordinance, would be regulated by section 13 or 14 of the pre-amended Broadcasting Ordinance,

may be investigated under the pre-amended Ordinance on or after the commencement date, and the provisions of that pre-amended Ordinance apply in relation to that investigation, as if this Ordinance had not been enacted.

(3) Any investigation initiated under the pre-amended Ordinance, before the commencement date, of any conduct in relation to a licensee that—

(a) has taken place, or has in part taken place, before the commencement date; and

(b) but for the enactment of this Ordinance, would be regulated by section 13 or 14 of the pre-amended Broadcasting Ordinance,

may be continued under the pre-amended Ordinance on or after the commencement date, and the provisions of that pre-amended Ordinance continue to apply in relation to that investigation, as if this Ordinance had not been enacted.

(4) If—

(a) but for the enactment of this Ordinance, a licensee may make an appeal to the Chief Executive in Council under section 34 of the pre-amended Broadcasting Ordinance; and

(b) the appeal relates to section 13 or 14 of that Ordinance,

the appeal may be made to and disposed of by the Chief Executive in Council under that Ordinance on or after the commencement date, and the provisions of that Ordinance apply in relation to that appeal, as if this Ordinance had not been enacted.

(5) If—

(a) an appeal made to the Chief Executive in Council under section 34 of the pre-amended Broadcasting Ordinance has not been finally determined before the commencement date; and

(b) the appeal relates to section 13 or 14 of that Ordinance,

the appeal may be continued and disposed of by the Chief Executive in Council under that Ordinance on or after the commencement date, and the provisions of that Ordinance continue to apply in relation to that appeal, as if this Ordinance had not been enacted.

(6) If—

(a) but for the enactment of this Ordinance, a person may bring an action under the pre-amended Broadcasting Ordinance; and

(b) the action relates to—

(i) a breach of section 13 or 14 of that Ordinance; or

(ii) a breach of a licence condition, determination or direction relating to section 13 or 14 of that Ordinance,

the action may be brought under that Ordinance on or after the commencement date, as if this Ordinance had not been enacted.

(7) If—

(a) an action brought under the pre-amended Broadcasting Ordinance has not been finally determined before the commencement date; and

(b) the action relates to—

(i) a breach of section 13 or 14 of that Ordinance; or

(ii) a breach of a licence condition, determination or direction relating to section 13 or 14 of that Ordinance,

the action may be continued under that Ordinance on or after the commencement date, as if this Ordinance had not been enacted.