Cap 616 s 27 Savings (Communications Authority Ordinance)

Contents of Section

Chapter:	616	Title:	Communications Authority Ordinance	Gazette Number:	E.R. 2 of 2012
Section:	27	Heading:	Savings	Version Date:	02/08/2012

(1) Part 8 (related and consequential amendments) does not affect the validity of anything lawfully done by or in relation to a former authority or a former department before the commencement date.
(2) The provisions of this Ordinance relating to the repeal and amendment of any enactment are in addition to and not in derogation from section 23 of the Interpretation and General Clauses Ordinance (Cap 1).
(3) The following subsections apply without limiting subsection (1) and to the extent that they are consistent with the other provisions of this Ordinance.
(4) Anything which immediately before the commencement date is in the process of being done by or in relation to a former authority, including legal proceedings to which a former authority is a party or which are instituted on behalf of a former authority and complaints made under section 11A of the pre-amended Ordinance which have not been finally disposed of, may be continued by or in relation to the Authority.
(5) Any right of appeal subsisting immediately before the commencement date against a former authority may be exercised against the Authority in accordance with this Ordinance.
(6) Any form, document, instrument or act that has been issued, made or done by a former authority or former department or having effect as if so issued, made or done by or on behalf of the former authority or former department, which is in force immediately before the commencement date or which is to take effect on or after that date, has effect as if it was issued, made or done by the Authority, OFCA or the department that takes up a former department’s function, in so far as that is required for continuing its effect after that date.
(7) Any performance of a function or exercise of a power by or on behalf of a former authority or a former department which is in force immediately before the commencement date or which is to take effect on or after that date has effect as if it was performed or exercised by the Authority, OFCA or the department that takes up a former department’s function, in so far as that is required for continuing its effect after that date.
(8) Any delegation of functions by a former authority to a former department, an officer of a former department, a public officer or a person authorized by a former authority which is in force immediately before the commencement date has effect as if made by the Authority to OFCA, an officer of OFCA or the public officer or authorized person, in so far as that is required for continuing its effect after that date.
(9) If Part 8 (related and consequential amendments) operates to substitute a new provision for a provision (“former provision”) under which a function or power referred to in subsection (7) has been performed or exercised immediately before the commencement date, the function or power is taken to have been performed or exercised under the new provision and accordingly a reference in any enactment, form, document or instrument to the new provision in relation to the performance or exercise is to be construed, on and after that date, as including acts done under the former provision.
(10) If immediately before the commencement date—

(a) an application for anything referred to in subsection (6);

(b) a request for the performance of a function or exercise of a power referred to in subsection (7); or

has not been disposed of, it is to be taken to be an application or request to the Authority, OFCA or the department that takes up a former department’s function, as may be appropriate, and is to be disposed of accordingly.
(11) Any suspension of a licence, permit, consent or other permission in force immediately before the commencement date is to continue in force for the remainder of the period of suspension as if this Ordinance had not been enacted.
(12) Forms, documents or instruments specified, prescribed, printed or duplicated for use in connection with any function transferred by this Ordinance, including any form, document or instrument referred to in subsection (6) issued by or on behalf of a former authority or former department for the performance of a function and in force immediately before the commencement date, may be so used despite the fact that they contain references to a former authority, or to a former department, or to an officer of a former department and those references are to be construed as references to the Authority, OFCA or the department that takes up a former department’s function or an officer of OFCA or the department that takes up a former department’s function who occupies a similar post, as the case requires.
(13) Any reference made before the commencement date to the pre-amended Ordinance or to a former authority, a former department or an officer of a former department, in any form, document or instrument, including any process or other document issued, is to be construed as a reference to the Broadcasting (Miscellaneous Provisions) Ordinance (Cap 391) or to the Authority, OFCA or the department that takes up a former department’s function or an officer of OFCA or the department that takes up a former department’s function who occupies a similar post, as the case requires.
(14) Except as expressly provided otherwise, an amendment made by Part 8 (related and consequential amendments) is not to be construed as interrupting any period of time specified in any enactment, form, document or notice or any other instrument given under an enactment and which is current on the commencement date and the period is to run as if that Part had not been enacted.
(15) Any licence, permit or certificate granted, issued or renewed under the Miscellaneous Licences Ordinance (Cap 114), the Gambling Ordinance (Cap 148), the Film Censorship Ordinance (Cap 392) or the Amusement Game Centres Ordinance (Cap 435) by or on behalf of the Commissioner for Television and Entertainment Licensing which is in force immediately before the commencement date or which is to take effect on or after that date, has effect as if granted, issued or renewed by or on behalf of the appointed public officer within the meaning of those Ordinances, in so far as that is required for continuing its effect after that date.
(16) A reference to a former authority in—

(a) any conditions in a licence granted, issued or renewed before the commencement date requiring a performance bond or bank guarantee to be issued or executed in favour of the former authority; or

(b) any performance bond or bank guarantee issued or executed before the commencement date in favour of the former authority,

is to be construed as a reference to the Government.