:

1964 Ed.]

Television.

[CAP. 52

15

for the second occasion on which a penalty is imposed for what- ever reason, and shall not exceed fifty thousand dollars for any subsequent occasion on which a penalty is imposed for whatever

reason.

(4) No penalty shall be imposed under this section except where the Board is satisfied that the licensee has been afforded reasonable opportunity of complying with the particular require-

ment.

38. (1) Where a licensee is prejudiced by anything contained in any Code of Practice or in any direction issued by the Television Authority, or by reason of any decision of his in the exercise of any discretion vested in him under this Ordinance, the licensee may appeal to the Governor in Council by way of petition:

Provided that no appeal shall lie in respect of any prohibition on broadcasting any programme under subsection (3) of section 35.

(2) Any person named in an order prohibiting the licensee from broadcasting material rendered, passed or selected by such person may appeal to the Governor in Council by way of petition against the order so naming him made under section 36.

39. (1) In determining an appeal the Governor in Council may receive advice and information from any source including the Television Authority without disclosing the same to the appellant, who shall not be entitled to make any representations other than his petition.

(2) The Governor in Council may determine an appeal by confirming, varying or reversing any order or direction of the Television Authority or by amending any Code of Practice.

40. (1) A licensee shall submit to the Television Authority not later than the month of April in each year a return in such form as he may prescribe showing—

(a) the names of the directors and office holders in the

licensee company;

(b) the names of the beneficial owners of the voting shares

in the licensee company.

(2) A licensee shall submit at the same time as the return made under subsection (1) a statutory declaration made by at least two directors of the licensee company showing whether or not any disqualified person has exercised any control in the licensee com- The term “dis- pany during the year immediately preceding. qualified person” has the meaning attributed to it in subsection (3) of section 11.

(3) A licensee shall submit to the Television Authority on demand such other information as he may consider that he requires for the purposes of exercising his functions under this Ordinance.

Appeal to the Governor in Council.

Determination of appeal.

Licensee to submit returns.

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