Contents of Section

Chapter:

616 PDFTitle:Communications Authority OrdinanceGazette Number:E.R. 2 of 2012
Section:20Heading:PaymentsVersion Date:02/08/2012

(1) All sums of money payable, owing or paid to the Authority on or after the commencement date must on receipt be credited to the account of the trading fund for the provision of a government service by OFCA and held and applied in accordance with the provisions of the Trading Funds Ordinance (Cap 430).
(2) If a licence or permit issued or deemed to be issued under or by virtue of Part 3A of the Telecommunications Ordinance (Cap 106) or the Broadcasting Ordinance (Cap 562) covers any period of time ending on or after the commencement date and any sum of money is payable, owing or paid to the Government (including the Director of Accounting Services) for that licence or permit, then that part of the sum in respect of the period of time on or after the commencement date must on receipt be credited to the account of the trading fund for the provision of a government service by OFCA and held and applied in accordance with the provisions of the Trading Funds Ordinance (Cap 430).
(3) Despite subsection (1), if any sum of money is payable, owing or paid to the Authority for a licence or permit issued or deemed to be issued under or by virtue of Part 3A of the Telecommunications Ordinance (Cap 106) or the Broadcasting Ordinance (Cap 562) that covers any period of time before the commencement date, then that part of the sum in respect of that period of time must on receipt be credited to the general revenue.
(4) Subsections (1) and (2) do not apply to—

    (a) any sum of money payable, owing or paid in respect of any spectrum utilization fee under section 32I of the Telecommunications Ordinance (Cap 106);
    (b) any sum of money payable, owing or paid in respect of any first demand performance bond or bank guarantee referred to in section 34(1B) of the Telecommunications Ordinance (Cap 106) or performance bond referred to in section 2(3) of the Broadcasting Ordinance (Cap 562); or
    (c) any sum of money payable, owing or paid in respect of any item that has been directed by the Financial Secretary to be paid into the general revenue.
(5) Despite subsections (1) and (2), any fines or penalties imposed by the Authority or a former authority must be paid into the general revenue.
(6) In this section, issue (發出), in relation to a licence or permit, is to be construed as including the grant or renewal of the licence or permit, amendments of the licence or permit, whether in whole or in part, and the coming into effect of the licence or permit after any period of suspension.
(Amended E.R. 2 of 2012)