8 Jul 2004
PCCW-HKT TELEPHONE LTD v. TELECOMMUNICATIONS AUTHORITY
- Citation
- PCCW-HKT TELEPHONE LTD v. TELECOMMUNICATIONS AUTHORITY
- Court
- Court of Appeal
- Case number
- CACV274/2003
The court held that (1) an appeal under s32N(1)(a)(i) is only available where the TA, expressly or impliedly, formed an opinion that the conduct in question engaged ss 7K–7N (thus the Direction here did relate to ss 7K/7L and PCCW was entitled to appeal); and (2) the Appeal Board lacks jurisdiction to grant an interim stay pending appeal because s32N(2)-(3) expressly preclude suspension except where s36C applies and no statutory power otherwise authorises a stay.