Chapter 4 - Role and Functions of the Communications Authority

The Communications Authority

To meet the regulatory challenges brought about by rapid technological advancements and media convergence, the Communications Authority was established on 1 April 2012 as an independent statutory body under the Communications Authority Ordinance (Cap. 616) (CAO), taking over fully the functions and powers of the former Telecommunications Authority (TA) and the Broadcasting Authority (BA). Its role is to regulate the broadcasting and telecommunications industries in Hong Kong in accordance with the Broadcasting Ordinance (Cap. 562) (BO), the Telecommunications Ordinance (Cap. 106) (TO), the CAO, and the Broadcasting (Miscellaneous Provisions) Ordinance (Cap. 391) (B(MP)O). It also enforces the Unsolicited Electronic Messages Ordinance (Cap. 593) (UEMO).

The Authority has the following functions:

  1. to tender advice to the SCED on any legislation, legislative proposals and regulatory policies relating to telecommunications, broadcasting, anti-spamming or activities connected with the telecommunications or broadcasting sectors;
  2. to make recommendations to the CE in C on applications for and renewal of domestic free television programme service licences, domestic pay television programme service licences and sound broadcasting licences;
  3. to grant and renew non-domestic television programme service licences and other licensable television programme service licences;
  4. to prepare and revise codes of practice setting programme, advertising and technical standards for television and radio;
  5. to deal with complaints about broadcasting and telecommunications services and impose sanctions on the broadcasters and telecommunications operators for contravening the various provisions and requirements;
  6. to handle the licensing, financial monitoring and regulation of telecommunications and broadcasting licensees in Hong Kong;
  7. to manage and administer the radio frequency spectrum and the telecommunications numbers;
  8. to develop technical standards and conduct equipment testing in line with international best practices, and ensure satisfactory performance of the certification bodies in carrying out certification and test against the prescribed technical standards;
  9. to facilitate fixed operators to access buildings to install in-building telecommunications facilities for the conveyance of telecommunications and broadcasting services;
  10. to conduct examination and issue certificates for the operating personnel of radiocommunications systems;
  11. to enforce the prohibition of misleading or deceptive provisions in the TO;
  12. to enforce the competition provisions under the BO and TO;
  13. to enforce the fair-trading sections of the TDO in relation to the commercial practices of licensees for the provision of telecommunications services and broadcasting services under the TO andBO; and
  14. to enforce the UEMO.

Organisation

Members of the Authority are appointed by the Chief Executive of the Hong Kong Special Administrative Region. During the period from April 2013 to March 2014, there were a total of 12 members comprising 10 non-official members, including the Chairman, and two public officers, viz. the Permanent Secretary for Commerce and Economic Development (Communications and Technology) and the Director-General of Communications (DG Com).

The Authority has appointed three committees to assist it in discharging part of its major duties:

  1. the Broadcast Complaints Committee;
  2. the Broadcast Codes of Practice Committee; and
  3. the Telecommunications Affairs Committee.

The Broadcast Complaints Committee (BCC) is responsible for considering complaints about broadcasting issues and making recommendations to the Authority regarding such complaints. It comprises four Authority members and four co-opted non-official members.

The Broadcast Codes of Practice Committee (BCPC) is responsible for keeping the television and radio broadcasting standards under regular review and amending the codes of practice when necessary. It comprises three Authority members and three co-opted members.

The Telecommunications Affairs Committee (TAC) is responsible for offering advice and reporting to the Authority on telecommunications matters. It comprises five Authority members.

OFCA serves as the executive arm and secretariat of the Authority.

Organisation Chart

The Communications Authority
BCCBCPCTAC
Chairman

Mr Adrian WONG Koon-man, BBS, JP

Members

Ms Alice KWOK Yim-ming
(until 24 April 2013)

Mrs Lucia LI LI Ka-lai, SBS
(from 1 October 2013 onwards)

Mr Hubert NG Ching-wah
(from 1 October 2013 onwards)

Dr Carlye TSUI Wai-ling, BBS, MBE, JP
(until 30 September 2013)

Mr Raymond Roy WONG, SBS

Co-opted Members

Mr William CHAN Chun-ho

Ms Christina CHEUNG Wai-yee

Mr Simon HO Sai-hau

Mr Simon SIU Chak-yu, BBS, JP

Chairman

Mr Raymond Roy WONG, SBS

Members

Mr Alan LUI Siu-lun

Dr Carlye TSUI Wai-ling, BBS, MBE, JP

 

Co-opted Members

Mr Daniel CHAM Ka-hung, BBS, JP
(from 25 October 2013 onwards)

Miss Emba LEUNG Wun-man

Mrs TUNG WONG Ming-wai June
(until 30 September 2013)

Mr Terence WONG Pui-tat

Chairman

Mr AU Man-ho, SBS

Members

Mr Felix FONG Wo, BBS, JP
(from 1 October 2013 onwards)

Mrs Lucia LI LI Ka-lai, SBS
(until 30 September 2013)

Mr Hubert NG Ching-wah

Dr Anthony William SEETO Yiu-wai

Dr Carlye TSUI Wai-ling, BBS, MBE, JP
(from 1 October 2013 onwards)