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(Cap 106, section 37) [9 September 1966] (L.N. 65 of 1966) Cap 106B reg 1 Citation These regulations may be cited as the Telecommunications (Control of Interference) Regulations. (36 of 2000 s. 28) Cap 106B reg 1A Interpretation In these regulations- "information technology equipment" (资讯技术设备) means equipment designed for the purpose of- (a) receiving data from an external source (such as a data input line or via a keyboard); (b) performing certain processing functions on the received data (such as computation, data transformation or recording, filing, sorting, storage or transfer of data); or (c) providing a data output (either to other equipment or by the reproduction of data or images); "interference" (干扰) means the effect of unwanted energy due to any or a combination of emission, radiation or induction upon reception in a telecommunications system, manifested by any performance degradation, misinterpretation or loss of information which could be extracted in the absence of such unwanted energy. (36 of 2000 s. 28) (L.N. 153 of 1993) Cap 106B reg 2 Application of regulations and classification of apparatus (1) Subject to the provisions of paragraph (3), these regulations shall apply to every apparatus belonging to any of the following classes of apparatus for or in respect of which limits of interference or insertion loss are specified in Schedule 1- (L.N. 153 of 1993) (a) ignition apparatus of internal combustion engines; (b) information technology equipment; (L.N. 153 of 1993) (c) sound and television broadcast receivers and associated equipment; (L.N. 153 of 1993) (d) fluorescent lamps and luminaires; (L.N. 153 of 1993) (e) (i) household electrical appliances and similar electrical apparatus; (ii) portable tools. (L.N. 153 of 1993) (f)-(g) (Repealed L.N. 153 of 1993) (2) (Repealed L.N. 153 of 1993) (3) (a) Any apparatus in an aircraft or in a vessel registered outside Hong Kong shall, for the purposes of regulation 4, be deemed not to be within any of the classes specified in paragraph (1), and references in these regulations to the ignition apparatus of an internal combustion engine shall not be construed as referring to the ignition apparatus of an internal combustion engine in an aircraft or in a vessel registered outside Hong Kong. (23 of 1998 s. 2) (b) For the purposes of regulation 3 any apparatus (other than the ignition apparatus of an internal combustion engine) designed to be used exclusively in a vessel or aircraft and to obtain its power solely therefrom, and for the purposes of regulation 4 any apparatus (other than the ignition apparatus of an internal combustion engine) used in a vessel or aircraft and obtaining its power solely therefrom, shall be deemed not to be within any of the classes specified in paragraph (1). (c) For the purposes of regulations 3 and 4, an apparatus for radiocommunications or an apparatus of any kind that generates and emits radio waves shall be deemed not to be within any of the classes specified in paragraph (1) if a licence is required for its possession or use under section 8 of the Ordinance or if the possession or use of such apparatus without a licence is permitted pursuant to an order under section 39 of the Ordinance. (L.N. 153 of 1993; 36 of 2000 s. 28) Cap 106B reg 3 Manufactures, assemblers and importers (1) The requirement referred to in regulation 7 shall be complied with in the case of every apparatus to which these regulations apply (whether manufactured, assembled or imported before or after the day on which these regulations are published in the Gazette) if that apparatus is to be sold otherwise than for export, or offered or advertised for sale otherwise than for export, or let on hire or offered or advertised for letting on hire, or installed, by any person, whether on his own account or as agent of some other person, who in Hong Kong or whose principal in Hong Kong in the course of business manufactured or assembled the apparatus or who on his own account or as agent in the course of business imported the apparatus into Hong Kong or whose principal in the course of business imported the apparatus into Hong Kong. (L.N. 153 of 1993) (2) Any person, whether on his own account or as agent of some other person, who- (L.N. 153 of 1993) (a) sells otherwise than for export or offers or advertises for sale otherwise than for export; or (b) lets on hire or offers or advertises for letting on hire; or (c) installs, any apparatus to which these regulations apply (whether manufactured, assembled or imported before or after the day on which these regulations are published in the Gazette), being an apparatus which was manufactured or assembled by him or his principal, as the case may be, in Hong Kong in the course of business or imported into Hong Kong by him, whether on his own account or as agent of some other person, or by his principal, in the course of business, shall, if such apparatus does not comply with the requirement referred to in regulation 7 when so sold, offered or advertised for sale, let on hire, offered or advertised for letting on hire, or installed, as the case may be, be guilty of an offence and shall be liable on summary conviction, in the case of the first such offence, to a fine of $5000 and, in the case of any subsequent such offence, to a fine of $10000; and where such person is the agent of some other person, such other person shall be under the same liability as if he had himself sold or offered or advertised for sale, or let on hire or offered or advertised for letting on hire, or installed, that apparatus, as the case may be. |