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Ord. No. 49/87
Complaints Committee.
Consideration
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(d) to conduct inquiries into such matters as may be referred to it by the Governor in Council and to report the conclusions of such inquiries to the Governor in Council;
(e) such other functions as are assigned to it under this or any other
Ordinance.
(2) The Authority shall have, in addition to the powers expressly or impliedly conferred on it by the Television Ordinance or any other Ordinance, such incidental powers as are reasonably necessary for the performance of its functions.
10. (1) The Authority shall appoint a Complaints Committee con- sisting of not less than 5 members of the Authority.
(2) The Committee may appoint such other persons to be members of the Committee as it deems fit.
(3) A member of the Committee appointed under subsection (2)— (a) may be appointed to advise generally or on any particular matter;
and
(b) shall not have a vote on matters before the Committee.
(4) The Committee shall appoint one of its members appointed under subsection (1) to be its chairman.
(5) A member of the Committee-
(a) shall, subject to paragraph (b) and to subsection (6), hold office for such period as the Authority or, in the case of a member appointed under subsection (2), the Committee, may determine; and
(b) may resign from the Committee at any time by notice in writing addressed to the Authority or, in the case of a member appointed under subsection (2), to the chairman of the Committee.
(6) A member of the Committee appointed under subsection (1) shall cease to hold office if he ceases to be a member of the Authority.
(7) Subject to this section and to section 11, the Committee shall determine its own procedures.
11. (1) Subject to subsections (2) and (3), where a person makes a of complaints complaint to the Authority that a licensee or any other person has
contravened-
by the
Complaints
Committee.
(Cap. 52.)
(Cap. 52.)
(a) the Television Ordinance; or
(b) the terms or conditions of a licence; or
(c) a Code of Practice,
the Authority shall refer the complaint to the Complaints Committee.
(2) Subsection (1) shall not apply to a complaint concerning any matter referred to in section 24, 25 or 25A of the Television Ordinance but any such complaint shall be referred by the Authority to the Government.
(3) The Authority may refuse to refer to the Committee a complaint
that-
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(a) is, in the opinion of the Authority, trivial or frivolous; or (b) is not made in writing.
(4) The Committee, upon receipt of a complaint referred to it under subsection (1), shall—
(a) give the licensee or other person the subject of the complaint a reasonable opportunity to make representations both orally and in writing;
(b) consider any representations made, whether orally or in writing, by or on behalf of the complainant and the licensee or other person the subject of the complaint;
(c) consider any
evidence received by it, whether tendered on behalf of the complainant or otherwise, which it considers relevant to the complaint; and
(d) make recommendations concerning the complaint to the
Authority.
(5) If a complaint referred to the Committee under subsection (1) concerns a technical requirement referred to in section 21 of the Television (Cap. 52.) Ordinance the Committee shall, prior to making any recommendation thereon, consult the Telecommunications Authority appointed under section 5 of the Telecommunication Ordinance.
(Cap. 106.)
(6) The Committee may receive such evidence as it thinks fit and neither the provisions of the Evidence Ordinance nor any other rule of law (Cap. 8.) relating to the admissibility of evidence shall apply in proceedings before the Committee.
(7) For the purposes of this section the Committee shall have and may exercise any of the powers vested in the Authority by section 33(1) and (1A), and section 45, of the Television Ordinance.
(Cap. 52.)
12. (1) Without prejudice to section 10, the Authority may appoint Advisory such committees and other persons as it thinks fit to advise either generally committees, etc. or in respect of any particular matter or aspect concerning its functions.
(2) A committee appointed under subsection (1) may include persons who are not members of the Authority.
13. (1) The Authority shall discharge its functions through a prin- Principal cipal executive officer who shall be the Commissioner for Television and executive Entertainment Licensing.
(2) For the purposes of subsection (1) the principal executive officer shall do all acts and things necessary for implementing the decisions of the Authority.
(3) The principal executive officer (or, with the consent of the chair- man of the Authority, his representative) shall, notwithstanding that he is not a member thereof, attend the meetings of the Authority, tender advice and report on the implementation of its decisions.
(4) The principal executive officer or his representative may attend any meeting of the Complaints Committee or any other committee appointed by the Authority.
officer.