HKSAR v. Uniglobe Telecom (Far East) Ltd.

CACC000104A/1998

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

1998, No.104
(Criminal)

-------------------------------

Coram: Hon. Power, V.-P., Mortimer, V.-P. and Liu, J.A.

Date of Hearing: 4 August 1998

Date of Decision : 4 August 1998

----------------------

D E C I S I O N

----------------------

Power, V.-P. (giving the decision of the Court):

1. We are satisfied that it is proper for us to certify that points of law of great and general importance are involved in the decision of the Court of Appeal given in this matter, namely:

1. Whether a person who provides 'telecommunication services' as defined in s.2 of the Telecommunication Ordinance Cap.106 thereby ipso facto maintains a means of telecommunication within the meaning of s.8(1)(a) of the Ordinance; and

2. whether by engaging an independent contractor to provide a telecommunication service a person thereby maintains the means of telecommunication used by the contractor, irrespective of whether such person has knowledge of the existence or use of such means of telecommunication, and is therefore liable as a matter of strict liability for the actions of the contractor.

2. Costs of this application be reserved to the Court of Final Appeal.

Representation:

Mr. Kripas (D.P.P.) for the Respondent.

Mr. Benjamin Yu, S.C. & Mr. Johnny Mok instructed by Messrs. K.C. Ho & Fong for the Applicant.

Applicant's application for the case to proceed to Court of Final Appeal allowed by appeal committee of Court of Final Appeal. Please refer to FAMC17/1998 dated 10 November 1998