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[接上页] (b) the person does not use the apparatus to provide a public telecommunications service; (c) the person does not use the apparatus in such a manner as to cause harmful interference with other telecommunications apparatus or any telecommunications system authorized under the Ordinance; (d) the person complies with any direction given by the Authority for avoiding interference with other telecommunications apparatus or any telecommunications system authorized under the Ordinance; and (e) the apparatus is made available for inspection and testing, if so required, by any person authorized for the purpose by the Authority. Cap 106Z s 5 Exemption for other radiocommunications apparatus (1) Subject to subsection (2), a person who is under an obligation to hold a licence under section 8(1)(a), (b), (c) or (d) of the Ordinance in respect of any radiocommunications apparatus is exempted from section 8(1)(a), (b), (c) or (d) of the Ordinance, as the case may be, if the apparatus is used or is capable of being used- (a) for a lawful connection by radiocommunications to a telecommunications network or system for obtaining services from a person who operates that telecommunications network or system under any of the following licences issued or created under the Ordinance- (i) a fixed carrier licence; (ii) a mobile carrier licence; (iii) a fixed telecommunications network services licence; (iv) a public radiocommunications service licence (for services other than a licence for communication between a radiocommunications installation and taxis); (v) a public radiocommunications service licence (for services other than land mobile services); (vi) a public non-exclusive telecommunications service licence; (vii) the class licence for in-building telecommunications systems; (viii) any other licence (including a class licence) for the provision of any public telecommunications service; or(b) in a manner other than that described in paragraph (a), and- (i) in the case where the apparatus is used or is capable of being used as a mobile earth station, it meets the technical criteria set out in Schedule 1; or (ii) in the case where the apparatus is used or is capable of being used other than as a mobile earth station, it meets the technical criteria set out in Schedule 2 and tolerates interference from other telecommunications apparatus or any telecommunications system authorized under the Ordinance.(2) A person is not exempted from section 8(1)(a), (b), (c) or (d) of the Ordinance, as the case may be, unless- (a) the person complies with any standards or specifications as may be prescribed under section 32D, and with any order or requirements as may be prescribed under section 32E, of the Ordinance; (b) the person does not use the apparatus to provide a public telecommunications service; (c) the person does not use the apparatus in such a manner as to cause harmful interference with other telecommunications apparatus or any telecommunications system authorized under the Ordinance; (d) the person complies with any direction given by the Authority for avoiding interference with other telecommunications apparatus or any telecommunications system authorized under the Ordinance; and (e) the apparatus is made available for inspection and testing, if so required, by any person authorized for the purpose by the Authority. Cap 106Z s 6 Exemption for hybrid telecommunications apparatus (1) A person who is under an obligation to hold a licence under section 8(1)(a) of the Ordinance in respect of any non-radiocommunications apparatus that is used in a combination of those manners as described in section 3(1)(a) and (b) is exempted from section 8(1)(a) of the Ordinance if the provisions in section 3 are complied with. (2) A person who is under an obligation to hold a licence under section 8(1)(a), (b), (c) or (d) of the Ordinance in respect of any radiocommunications apparatus that is used or is capable of being used in a combination of those manners as described in section 5(1)(a) and (b) is exempted from section 8(1)(a), (b), (c) or (d) of the Ordinance, as the case may be, if the provisions in section 5 are complied with. (3) A person who is under an obligation to hold a licence under section 8(1)(a), (b), (c) or (d) of the Ordinance in respect of any telecommunications apparatus that is used or is capable of being used in a combination of any one or more of those manners as described in sections 3(1) and in 5(1) is exempted from section 8(1)(a), (b), (c) or (d) of the Ordinance, as the case may be, if the relevant provisions in both sections 3 and 5 are complied with. Cap 106Z s 7 Exemption for import and export of radiocommunications apparatus A person who imports into, or exports from, Hong Kong any radiocommunications apparatus exempted under section 5 or 6 is also exempted from section 9 of the Ordinance if the apparatus is imported or exported, as the case may be, for the person's reasonable personal use and that the relevant quantity commensurates with such use. |