PCCW-HKT TELEPHONE LTD AND ANOTHER v. THE SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT AND ANOTHER

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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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.