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FAMV No. 54 of 2016
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 54 OF 2016 (CIVIL)
(ON APPLICATION FOR LEAVE TO APPEAL FROM
CACV NO. 208 OF 2015)
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BETWEEN
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PCCW-HKT TELEPHONE LIMITED
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1st Applicant |
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HONG KONG TELECOMMUNICATIONS (HKT) LIMITED
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2nd Applicant |
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and
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THE SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT
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1st Respondent |
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THE COMMUNICATIONS AUTHORITY
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2nd Respondent |
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and
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WHARF T & T LIMITED
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1st Interested Party |
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HUTCHISON GLOBAL COMMUNICATIONS LIMITED
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2nd Interested Party |
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HUTCHISON TELEPHONE COMPANY LIMITED
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3rd Interested Party
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SMARTONE COMMUNICATIONS LIMITED
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4th Interested Party |
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SMARTONE MOBILE COMMUNICATIONS LIMITED
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5th Interested Party |
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CSL LIMITED
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6th Interested Party |
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NEW WORLD TELECOMMUNICATIONS LIMITED
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7th Interested Party |
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HONG KONG BROADBAND NETWORK LIMITED
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8th Interested Party |
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CHINA MOBILE HONG KONG COMPANY LIMITED
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9th Interested Party |
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| Appeal Committee : Chief Justice Ma, Mr Justice Tang PJ and
Mr Justice Fok PJ |
| Date of Hearing and Determination : 27 April 2017 |
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D E T E R M I N A T I O N
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The Appeal Committee :
1.We grant leave to appeal on the following two questions of great general or public importance, set out in the Notice of Application for Leave to Appeal, namely:
(1) Whether projections for notional tax and/or payment of dividends may be lawfully included in the budget of the OFCA Trading Fund for the purpose of determining licence fees under the Telecommunications Ordinance, or whether projecting the payment of notional tax and/or dividend to the Government would be ultra vires the Telecommunications Ordinance and/or was unlawful and irrational in a public law sense;
(2) Whether in the management of the OFCA Trading Fund (renamed the OFTA Trading Fund), it was lawful to make provision for notional tax and/or dividends or amounts in excess or significantly in excess of the projected expenses and target return under s.6(6)(c) of the Trading Funds Ordinance.
2.The appeal will be heard on 30 November 2017.
(Geoffrey Ma)
Chief Justice |
(Robert Tang)
Permanent Judge |
(Joseph Fok)
Permanent Judge |
Mr Benjamin Yu SC and Mr Roger Beresford, instructed by Baker & McKenzie, for the Applicants
Ms Teresa Cheng SC and Mr Adrian Lai, instructed by the Department of Justice, for the Respondents
The 1st to 9th Interested Parties, unrepresented, absent
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