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Telecommunications (Competition Provisions) Appeal Board

Appeal No. 3

PCCW - HKT Telephone Ltd v The Telecommunications Authority

Date of appeal : 29 May 2002
Appellant : PCCW - HKT Telephone Ltd
Nature of appeal : Against the Direction of the Telecommunications Authority dated 15 May 2002 which directed the Appellant to implement Broadband Type II Interconnection upon receipt of request from the Wharf New T & T Ltd.
Hearings :
  • The Chairman conducted pre-hearings on 4, 5 & 12 July 2002 to consider
    1. the Telecommunication Authority's application to strike out the appeal on the ground that the Appeal Board did not have jurisdiction over the case; and

    2. the Appellant's application for interim stay of the Direction of 15 May 2002.

    The Chairman ruled that :-

    1. the appeal is within the jurisdiction of the Appeal Board; and

    2. the Appeal Board does not have authority to grant interim stay.
The Judgements by the Chairman dated 15 and 29 July 2002 respectively are attached.

  • The Appeal Board conducted hearings on 29, 30 and 31 July 2002. The Telecommunication Authority's application to state the case to the Court of Appeal was rejected. The Judgement by the Chairman dated 29 July 2002 is attached. The hearing was adjourned after the hearing on 31 July 2002.

  • The Appellant sought leave to withdraw the appeal on 21 August 2002.

  • The Appeal Board resumed hearing on 2 November 2002, and decided that :-
    1. the Appellant's application to withdraw the appeal was approved; and

    2. the Appeal Board will state cases to the Court of Appeal on the Appeal Board's jurisdiction in interconnection matters and on the Appeal Board's authority to grant interim relief.
Outcome of Appeal : Appeal was withdrawn on 2 November 2002.