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Telecommunications (Competition Provisions) Appeal Board

Appeal No. 26

i-Cable WebServe Limited v The Telecommunications Authority

Date of appeal : 20 November 2007
Appellant : i-Cable WebServe Limited
Nature of appeal : Against the decision of the Telecommunications Authority dated 6 November 2007 that there was a breach of section 7M of the Telecommunications Ordinance ("TO") in relation to i-Cable's promotional sales on a bundled Internet broadband and pay television services.
Hearings :
  • The Appeal Board conducted hearings from 22 to 24 April 2008. Prior to giving decision, at the request of the parties the Appeal Board stated a case to the Court of Appeal on questions of law concerning the standard of proof (criminal or civil one) in determining whether section 7M of TO has been contravened and the scope of the licensee-employer's liability on the true construction of section 7M.

  • The Court of Appeal heard the case (no. CACV 329/2008) on 7 April 2009 and handed down judgement on 11 June 2009 (copy attached). In brief, the standard of proof is the civil one, and the licensee-employer is not exempt from the liability if the conduct giving rise to a contravention of section 7M was committed by an employee in the course of his employment but contrary to a prohibition by the licensee-employer.
Outcome of Appeal : The Decision of the Appeal Board dated 30 June 2009 was attached. The appeal was dismissed and the TA's decision upheld.