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Telecommunications (Competition Provisions) Appeal Board

Appeal No. 24

PCCW-HKT Telephone Limited v The Telecommunications Authority

Date of appeal : 21 November 2006
Appellant : PCCW - HKT Telephone Limited
Nature of appeal : Against the direction of the Telecommunications Authority (TA) dated 7 November 2006 that the Appellant should open access for number block "5804" allocated by the TA to a services-based operator licensee for the provision of voice over internet protocol services.
Hearings :
  • The Appeal Board heard the Respondent's Strike-out Application during 16 - 18 October 2007 and declined to strike out the Notice of Appeal, the Decision for which dated 27 March 2008 is attached.

  • The Appeal Board conducted a substantive hearing from 12 to 15 January 2009 and concluded in its Decision dated 13 February 2009 (as attached) that the Appeal Board had no jurisdiction to entertain the Appeal as the issue did not relate to or engage any of the competition provisions.

  • At the request of both parties, the Appeal Board allowed for submissions as to whether any questions of law arising from the substantive hearing Decision should be put to the Court of Appeal by way of a case stated within 21 days of the Decision. Having considered submissions from both parties, the Chairman of the Appeal Board ruled that none of the questions raised by the Appellant was suitable for the case stated procedures and refused leave to state a case. The Chairman's Decision dated 14 April 2009 is attached.

  • The Appeal Board's Decision dated 13 February 2009 is the final determination of the Appeal.
Outcome of appeal : The Appeal Board found no jurisdiction to entertain the Appeal.