Page:Competition Ordinance (Cap. 619).pdf/142

(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—