A476
Ord. No. 52/89
BROADCASTING AUTHORITY (AMENDMENT)
(b) unless the licensee otherwise permits and except in accordance with such permission no such information or book, record or other document or any copy thereof shall be divulged or shown to any person other than in confidence to members of the Authority or any committee of the Authority, or to a public officer acting in the performance of his duties under or for the purposes of this Ordinance.
(2) Subsection (1) shall not be construed as prohibiting the disclosure of information---
(a) with a view to the institution of or otherwise for the purpose of any criminal proceedings or any investigation in connection therewith, whether under this Ordinance or otherwise, in Hong Kong; or
(b) in connection with civil proceedings to which the Authority is a party.
Authority may impose financial penalties
24. (1) The Authority may, by notice in writing addressed to a licensee, require the licensee to pay to the Authority the financial penalty specified in such notice in any case where a financial penalty is payable under subsection (2).
(2) A financial penalty may be imposed on a licensee by the Authority where the licensee
(a) fails to comply with any of the terms or conditions of the licence;
(b) fails to comply with a provision of this Ordinance or Part IIIA of the Telecommunication Ordinance (Cap. 106) or a regulation made thereunder;
(c) fails to comply with any Code of Practice; or
(d) fails to comply with any direction issued by the Authority under this
Ordinance.
(3) A financial penalty imposed on a licensee under subsection (2) shall not exceed―
(a) $20,000 for the first occasion on which a penalty is so imposed on that
licensee;
(b) $50,000 for the second occasion on which a penalty is so imposed on that
licensee; and
(c) $100,000 for any subsequent occasion on which a penalty is so imposed on
that licensee.
(4) No financial penalty shall be imposed under subsection (2) unless the Authority is satisfied that the licensee has been afforded reasonable opportunity of complying with the requirement in respect of which the penalty is sought to be imposed.
Recovery of financial penalty
25. (1) Any financial penalty imposed by the Authority under section 24 shall be recoverable by the Authority as a civil debt in any court of competent jurisdiction.
(2) Any certificate in writing purporting to be made by the Authority to the effect that a financial penalty imposed under section 24 is owing to the Authority shall be prima facie evidence of that fact.
BROADCASTING AUTHORITY (AMENDMENT)
Appeal to the Governor in Council
Ord. No. 52/89
A477
26. (1) Subject to this section, a licensee aggrieved by-
(a) any decision of the Authority in the exercise of any discretion vested in it under the licence, this Ordinance, Part IIIA of the Telecommunication Ordinance (Cap. 106) or any regulation made thereunder; or
(b) anything contained in any Code of Practice or direction issued by the
Authority,
may within 30 days of the notification to him of the decision or direction of the Authority or within 30 days of the date of issue of the Code of Practice, as the case may be, appeal by way of petition to the Governor in Council.
(2) Except in the case of the suspension of a licence under any provision of the licence, an appeal made under this section shall not affect the operation of the decision, direction or Code of Practice appealed against prior to the determination of the appeal.
(3) The Governor in Council may determine an appeal lodged under this section by confirming, varying or reversing any decision, or direction of the Authority or by amending any Code of Practice to the extent that it is inconsistent with the determination.
Savings
27. (1) Any Code of Practice relating to radio advertising standards or radio programme standards issued by the Commissioner for Television and Entertain- ment Licensing prior to the commencement of this section--
(a) shall be deemed for all purposes to have been issued by the Authority
under section 19; and
(b) may be amended or withdrawn by the Authority.
(2) Any reference to the Commissioner for Television and Entertainment Licensing, the Television and Entertainment Licensing Authority or the Authority in any Code of Practice referred to in subsection (1) shall be construed as a reference to the Authority.
(3) In any Code of Practice referred to in subsection (1) references to "radio" or "radio broadcast" shall be construed as references to "sound broadcasting" and references to "on radio" shall be construed as references to "in sound broadcasts".".
Passed by the Hong Kong Legislative Council this 19th day of July 1989.
LAW Kam-sang,
Clerk to the Legislative Council.
This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bill.
LAW Kam-sang,
Clerk to the Legislative Council.
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