20 Jul 2005
PCCW-HKT TELEPHONE LTD v. THE TELECOMMUNICATIONS AUTHORITY
- Citation
- PCCW-HKT TELEPHONE LTD v. THE TELECOMMUNICATIONS AUTHORITY
- Court
- Court of Final Appeal
- Case number
- FACV14/2004
Section 32N(2) forbids automatic suspension upon lodging an appeal but does not expressly prohibit the Appeal Board from granting discretionary suspensions; no express provision vests or excludes that power; applying the test for implied ancillary powers the Appeal Board requires a discretion to suspend pending appeal as reasonably necessary for effective exercise of its full merits appellate jurisdiction under s.32O(4); accordingly the Appeal Board has a discretion to suspend pending appeal.