PART 11
Concurrent Jurisdiction Relating to Telecommunications and Broadcasting
159. Concurrent jurisdiction with Communications Authority
(1) The Communications Authority may perform the functions of the Commission under this Ordinance, in so far as they relate to the conduct of undertakings that are—
- (a) licensees under the Telecommunications Ordinance (Cap. 106) or the Broadcasting Ordinance (Cap. 562);
- (b) persons who, although not such licensees, are persons whose activities require them to be licensed under the Telecommunications Ordinance (Cap. 106) or the Broadcasting Ordinance (Cap. 562); or
- (c) persons who have been exempted from the Telecommunications Ordinance (Cap. 106) or from specified provisions of that Ordinance under section 39 of that Ordinance.
(2) So far as is necessary for the purpose of subsection (1), references in this Ordinance to the Commission are to be read as including the Communications Authority.
160. Transfer of competition matter between competition authorities
(1) Where one competition authority is performing a function in relation to a competition matter and another competition authority also has jurisdiction to perform functions in relation to that matter, the 2 competition authorities may agree that the matter be transferred to and be dealt with by one of them.
(2) Where more than one competition authority has jurisdiction to perform functions in relation to a competition matter, if one of them is performing or has performed a function in relation to that matter, then, unless there is an agreement of a kind mentioned in subsection (1), the other competition authority must not perform any function in relation to that matter.
161. Memorandum of Understanding
(1) As soon as is reasonably practicable after the coming into operation of this section, the Commission and the Communications Authority must prepare and sign a Memorandum of Understanding, for the purpose of co-ordinating the performance of their functions under this Ordinance.
(2) Without limiting subsection (1), the Memorandum of Understanding must provide for any or all of the matters set out in Schedule 6.
(3) The Commission and the Communications Authority may amend or replace any Memorandum of Understanding prepared and signed under this section.
(4) Before signing any Memorandum of Understanding, or any amendment to it, under this section, the Commission and the Communications Authority must consult the Legislative Council.
(5) The Commission and the Communications Authority must, within 6 weeks after the Memorandum of Understanding, or any amendment to it, is signed by them, publish it in any manner they consider appropriate.
(6) The Commission and the Communications Authority must make available copies of any Memorandum of Understanding prepared and signed under this section and of all amendments made to it—
- (a) at their offices during ordinary business hours;
- (b) through the Internet or a similar electronic network; and
- (c) in any other manner they consider appropriate.
(7) A Memorandum of Understanding prepared and signed under this section and all amendments made to it are not subsidiary legislation.