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Telecommunications (Competition Provisions) Appeal Board

Appeal No. 25

PCCW-HKT Telephone Limited v The Telecommunications Authority

Date of appeal : 11 May 2007
Appellant : PCCW - HKT Telephone Limited
Nature of appeal : To quash the Statement of the Telecommunications Authority dated 27 April 2007 regarding the deregulation for fixed-mobile convergence and to make such other orders as the Appeal Board considers may be appropriate.
Hearings :
  • The Appeal Board conducted hearings on 15, 17 and 18 March 2008 on the preliminary issue as to whether the Appellant's appeal is within the terms of the Telecommunications Ordinance (Cap. 106), and concluded in its Decision dated 2 April 2008 (copy attached) that the Appeal Board had no jurisdiction to hear the Appeal as the statutory provision for appeal (section 32N) had not been engaged.

  • The Chairman granted leave on 16 July 2008 for the Appellant to state a case to the Court of Appeal. The details of the Case Stated were finalised on 12 September 2008.

  • The Court of Appeal heard the Case Stated (no. CACV 300/2008) on 17 and 18 March 2009 and handed down judgement on 2 April 2009 (copy attached). The Court of Appeal affirmed, among others, that section 32 was not engaged in the Appeal.
Outcome of appeal : The Appeal Board found no jurisdiction to entertain the Appeal.