Cap. 106 sub. leg. W

Telecommunications (Examination, Certification and Authorization of Radiocommunications Personnel) Order(Cap. 106, section 32K)(Enacting provision omitted—E.R. 2 of 2012) [1 April 2001](Format changes—E.R. 2 of 2012) 1. (Omitted as spent—E.R. 2 of 2012) 2. Examinations and tests for issue of certificates of competency (1) The Authority may, upon payment of the appropriate fee prescribed in column 3 of Part 1 of the Schedule, conduct in respect of a person—(a) any of the examinations specified in column 2 of Part 1 of the Schedule and, if it is satisfied as to the competency of the person examined, issue to the person the appropriate certificate of competency; and (17 of 2011 s. 28)(b) any of the tests specified in column 2 of Part 1 of the Schedule.(2) The Authority may, upon payment of the appropriate fee prescribed in column 3 of Part 2 of the Schedule, issue to a person, in accordance with section 32K(2) of the Ordinance, a certificate of competency in radiocommunications.(3) A certificate of competency shall be—(a) valid for such period; and(b) in such form, as the Authority may, from time to time, determine.(4) The person to whom a certificate of competency is issued shall make a declaration of secrecy in such form as the Authority may, from time to time, determine.(5) Before the expiry of an endorsement in a certificate of competency mentioned in item 7 of Part 2 of the Schedule, the person to whom the certificate is issued may, in such form and manner as the Authority may from time to time determine, apply to the Authority for revalidation of the certificate in so far as it relates to the endorsement, and the Authority may, upon payment of the appropriate fee prescribed in column 3 of Part 2 of the Schedule, so revalidate the certificate for such period as it may determine. (17 of 2011 s. 28)(6) Where under section 32K(2) of the Ordinance the Authority revokes a certificate of competency issued to a person, the person shall, not later than 14 days after notice of the revocation is served on him and if the notice requires him to do so, surrender the certificate to the Authority.(7) Where under section 32K(2) of the Ordinance the Authority revokes a certificate of competency mentioned in item 7 of Part 2 of the Schedule issued to a person, the Authority may issue to the person a certificate of competency—(a) mentioned in item 3, 4, 5 or 6, as the case may require, of Part 2 of the Schedule; and(b) valid for the unexpired portion of the period of validity of the first-mentioned certificate had to run at the time of its revocation.(8) A person who, without reasonable excuse, contravenes subsection (6) commits an offence and is liable on conviction to a fine at level 1 and to imprisonment for 1 month.(9) The Authority may treat a certificate of competency issued under regulation 3 of the Telecommunications Regulations (Cap. 106 sub. leg. A) as equivalent to the like certificate of competency which may be issued under this section. (E.R. 2 of 2012) 3. Issue of authorities to operate in relation to radiocommunications station (1) The Authority may, upon payment of the appropriate fee prescribed in column 3 of Part 3 of the Schedule, issue an authority to operate to a person—(a) who holds a certificate of competency mentioned in Part 2 of the Schedule; or(b) whom it considers suitably qualified. (17 of 2011 s. 28)(2) The person to whom an authority to operate is issued may hold such position in a radiocommunications station other than in an aircraft as is specified in the authority to operate, being a position that may, by virtue of a condition of the licence issued under the Ordinance in respect of the radiocommunications station, be held only by a person for the time being holding the authority to operate.(3) An authority to operate shall be—(a) valid for such period; and(b) in such form, as the Authority may, from time to time, determine.(4) The person to whom an authority to operate is issued shall make a declaration of secrecy in such form as the Authority may, from time to time, determine.(5) Before the expiry of an authority to operate, the person to whom the authority to operate is issued may, in such form and manner as the Authority may from time to time determine, apply to the Authority for revalidation of the authority to operate, and the Authority may, upon payment of the appropriate fee prescribed in column 3 of Part 3 of the Schedule, so revalidate the authority to operate for such period as it may determine. (17 of 2011 s. 28)(6) Where under section 32K(5) of the Ordinance the Authority revokes an authority to operate issued to a person, the person shall, not later than 14 days after notice of the revocation is served on him and if the notice requires him to do so, surrender the authority to operate to the Authority.(7) A person who, without reasonable excuse, contravenes subsection (6) commits an offence and is liable on conviction to a fine at level 1 and to imprisonment for 1 month.(8) The Authority may treat an authority to operate issued under regulation 4 of the Telecommunications Regulations (Cap. 106 sub. leg. A) as equivalent to the like authority to operate which may be issued under this section. (E.R. 2 of 2012) 4. Issue of certificate of competency, etc., to holder of equivalent document issued in place outside Hong Kong Where a person is the holder of a document—(a) issued in a place outside Hong Kong; and(b) in respect of which the Authority is satisfied that it is equivalent to a certificate of competency or an authority to operate which may be issued by the Authority under section 2 or 3, as the case may be,then the Authority may under that section issue to the person that certificate of competency or authority to operate, as the case may be. 5. Issue of duplicate certificates of competency, etc. If a certificate of competency or an authority to operate issued under this Order is lost or destroyed, the Authority may issue a duplicate of the certificate or authority to operate, as the case may be, upon payment of a fee of $55 for the duplicate. 6. Waiver or refund of fees The Authority may—(a) waive in whole or in part the payment of a fee under a provision of this Order; or(b) refund in whole or in part a fee paid under a provision of this Order. Schedule [ss. 2 & 3]Certificates of Competency, Authorities to Operate and Endorsements Part 1 Examinations and Tests Item Fee 1. For restricted certificate of competency in radiotelephony examination $150 2. For radio amateur’s written examination leading to the radio amateur’s certificate $350 3. Amateur Morse test $ 80 Part 2 Certificates of Competency Item Fee 1. Radio amateur certificate $120 2. Restricted certificate of competency in radiotelephony $120 3. First Class Radio Electronic Certificate $780 4. Second Class Radio Electronic Certificate $780 5. General Operator’s Certificate $410 6. Restricted Operator’s Certificate $410 7. Any certificate mentioned in item 3, 4, 5 or 6 with an endorsement in the certificate that the Authority is satisfied that the holder of the certificate has fully complied with the requirements of the International Convention on Standards of Training, Certificate and Watchkeeping for Seafarers, 1978, as in force from time to time Fee mentioned in item 3, 4, 5 or 6, as the case may be, plus $160 8. Revalidation of certificate mentioned in item 7 insofar as it relates to endorsement in certificate $160 Part 3 Authority to Operate Item Fee 1. Issue of authority to operate $160 2. Revalidation of authority to operate $160