(2) The Chief Executive may make regulations containing transitional provisions and savings that are necessary or convenient for the transition to the provisions of this Ordinance from the provisions of the Telecommunications Ordinance (Cap. 106), the Broadcasting (Miscellaneous Provisions) Ordinance (Cap. 391) or the Broadcasting Ordinance (Cap. 562) as amended by this Ordinance.
(3) Without limiting subsection (2), regulations made under this section may, in particular, provide for—
- (a) the application of provisions of this Ordinance to telecommunications services or broadcasting services; or
- (b) the continued application of provisions of the Telecommunications Ordinance (Cap. 106), the Broadcasting (Miscellaneous Provisions) Ordinance (Cap. 391) or the Broadcasting Ordinance (Cap. 562) in force immediately before the commencement of any provision of this Ordinance to telecommunications services or broadcasting services.
(4) Regulations made under this section may, if they so provide, be deemed to have come into operation on a date earlier than the date on which they are published in the Gazette but not earlier than the date on which this Ordinance is published in the Gazette.
(5) To the extent that any regulations made under this section come into operation on a date earlier than the date on which they are published in the Gazette, those regulations are to be construed so as not to—
- (a) affect, in a manner prejudicial to any person, the rights of that person existing before the date on which the regulations are published in the Gazette; or
- (b) impose liabilities on any person in respect of anything done, or omitted to be done, before the date on which the regulations are published in the Gazette.
(6) If there is any inconsistency between any regulations made under this section and the provisions of Schedule 9, Schedule 9 prevails to the extent of the inconsistency.
General Exclusions from Conduct Rules
1. Agreements enhancing overall economic efficiency
The first conduct rule does not apply to any agreement that—
