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Chapter 2 The CA and OFCA Established to Better Meet the Challenges of the Convergence Era

The Communications Authority and its Committees

Technological advancement and media convergence in recent years have increasingly blurred the traditional boundaries between telecommunications and broadcasting services. Against this background, the CA, an independent statutory body which oversees both the broadcasting and telecommunications sectors, was established on 1 April 2012 with the aim of meeting the regulatory challenges arising from the new era of convergence. Under the Communications Authority Ordinance (Cap. 616) (CAO), the CA is charged with the functions previously performed by its predecessors, the former Broadcasting Authority (BA) and Telecommunications Authority (TA), in regulating the broadcasting and telecommunications sectors. It is also conferred with those responsibilities under the CAO, the BO, the Broadcasting (Miscellaneous Provisions) Ordinance (Cap. 391) (B(MP)O), the TO and the Unsolicited Electronic Messages Ordinance (Cap. 593) (UEMO).

The CA comprises ten non-official members, including the chairman, and two official members. It is the vision of the CA that Hong Kong acquires the world-class communications services necessary to meet the challenges of the information age. The CA is committed to fulfilling its mission to, inter alia, enhance Hong Kong's position as a communications hub for the region, encourage innovation and investment in the communications market, and promote competition and adoption of best practices. It is also committed to acting in a manner consistent with the provisions of the Hong Kong Bill of Rights Ordinance (Cap. 383).

In view of its wide spectrum of statutory functions and responsibilities, the CA is empowered under the CAO to appoint any committees for advice or assistance in performing any functions. Hitherto, the CA has set up three committees—the Broadcast Complaints Committee (BCC), the Broadcast Codes of Practice Committee and the Telecommunications Affairs Committee—to advise it on the full range of broadcasting and telecommunications issues.

The Office of the Communications Authority

The CA is underpinned by a Government department, OFCA, which came into operation on the same date of the establishment of the CA, that is, 1 April 2012. As the executive arm of the CA, OFCA was formed by merging the then OFTA with relevant divisions of the TELA. To maintain a high level of operational flexibility and to respond swiftly to the needs of the fast-moving communications industry, OFCA operates on a trading fund basis, with the previous OFTA Trading Fund being carried forward and renamed the OFCA Trading Fund.

OFCA is headed by a civil servant, the Director-General of Communications, with a total workforce of 395 (as at 31 March 2013). Together, they share the same core values of integrity, professionalism, respect and foresight. The mode of operation of the CA and its executive arm is largely modelled on the organisation of the BA and Broadcasting Division of TELA. In order to provide full support to the CA in fulfilling its vision, OFCA is committed to:

  • The Public: Fulfilling the needs and expectations of the community;
  • The Industry: Providing a fair regulatory environment conducive to innovation and business investment;
  • The Economy: Maintaining Hong Kong's position as a preeminent communications centre in the region to support economic development;
  • Our Staff: Maintaining a cohesive, versatile and professional team and nurturing a working environment that recognises and rewards results; and
  • The Civil Service: Being a model department that performs effectively and efficiently.