Page:Competition Ordinance (Cap. 619).pdf/141

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“licensee” (持牌人) has the meaning given by section 2(1) of the pre-amended Telecommunications Ordinance.

(2) Any conduct in relation to a licensee that—
 * (a) has taken place, or has in part taken place, before the commencement date; and
 * (b) but for the enactment of this Ordinance, would be regulated by section 7K, 7L, 7N or 7P of the pre-amended Telecommunications Ordinance,

may be investigated under that Ordinance on or after the commencement date, and the provisions of that Ordinance apply in relation to that investigation, as if this Ordinance had not been enacted.

(3) Any investigation initiated under the pre-amended Telecommunications Ordinance, before the commencement date, of any conduct in relation to a licensee that—
 * (a) has taken place, or has in part taken place, before the commencement date; and
 * (b) but for the enactment of this Ordinance, would be regulated by section 7K, 7L, 7N or 7P of that Ordinance,

may be continued under that Ordinance on or after the commencement date, and the provisions of that Ordinance continue to apply in relation to that investigation, as if this Ordinance had not been enacted.

(4) If—
 * (a) but for the enactment of this Ordinance, a person may make an appeal to the Appeal Board under section 32N of the pre-amended Telecommunications Ordinance; and
 * (b) the appeal subject matter relates to section 7K, 7L, 7N or 7P(14) of that Ordinance,

the appeal may be made to and disposed of by the Appeal Board under that Ordinance on or after the commencement date, and the provisions of that Ordinance apply in relation to that appeal, as if this Ordinance had not been enacted.

(5) If—
 * (a) an appeal made to the Appeal Board under section 32N of the pre-amended Telecommunications Ordinance has not been finally determined before the commencement date; and
 * (b) the appeal subject matter relates to section 7K, 7L, 7N or 7P(14) of that Ordinance,

the appeal may be continued and disposed of by the Appeal Board under that Ordinance on or after the commencement date, and the provisions of that Ordinance continue to apply in relation to that appeal, as if this Ordinance had not been enacted.

(6) If—