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Pccw-hkt Telephone Ltd and Another v. The Secretary for Commerce and Economic Development and Another

Read the full judgment text of FAMV 54/2016 on BabelCite. This Court of Final Appeal judgment was delivered on 27 April 2017 before Chief Justice Ma, Mr Justice Tang PJ, Mr Justice Fok PJ.

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:

Legal issues: Leave to appeal - questions of great general or public importance

Outcome: Leave to appeal granted on two questions of great general or public importance; appeal set for hearing on 30 November 2017.

Case No.FAMV 54/2016
Court
Court of Final Appeal
Date27 Apr 2017
JudgeChief Justice Ma, Mr Justice Tang PJ, Mr Justice Fok PJ
Case Document
100%Judiciary

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)

____________________

BETWEEN

PCCW-HKT TELEPHONE LIMITED 1st Applicant
HONG KONG TELECOMMUNICATIONS (HKT) LIMITED 2nd Applicant
and
THE SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT 1st Respondent
THE COMMUNICATIONS AUTHORITY 2nd Respondent
and
WHARF T & T LIMITED 1st Interested Party
HUTCHISON GLOBAL COMMUNICATIONS LIMITED 2nd Interested Party
HUTCHISON TELEPHONE COMPANY LIMITED 3rd Interested Party
SMARTONE COMMUNICATIONS LIMITED 4th Interested Party
SMARTONE MOBILE COMMUNICATIONS LIMITED 5th Interested Party
CSL LIMITED 6th Interested Party
NEW WORLD TELECOMMUNICATIONS LIMITED 7th Interested Party
HONG KONG BROADBAND NETWORK LIMITED 8th Interested Party
CHINA MOBILE HONG KONG COMPANY LIMITED 9th Interested Party

____________________

Appeal Committee : Chief Justice Ma, Mr Justice Tang PJ and Mr Justice Fok PJ
Date of Hearing and Determination : 27 April 2017

________________________

D E T E R M I N A T I O N

_________________________

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