7 Aug 2015
HONG KONG TELECOMMUNICATIONS (HKT) LTD v. THE COMMUNICATIONS AUTHORITY
- Citation
- HONG KONG TELECOMMUNICATIONS (HKT) LTD v. THE COMMUNICATIONS AUTHORITY
- Court
- Court of Appeal
- Case number
- CACV147/2014
The Appeal Board exceeded its jurisdiction in imposing a specific deadline for the Authority to reach a decision because the Telecommunications Ordinance contains no express power permitting the Appeal Board to set such deadlines; once the Appeal Board directs the Authority to investigate further, the timing and conduct of those investigations fall within the Authority's statutory functions and discretion (subject to judicial review), and s7K(3)(b) cannot be extended to cover Apple Asia on the facts because of the plain statutory definition of 'customer equipment'. Accordingly Question 1 is a…