1989 Ed.]
Broadcasting Authority
[CAP. 391
9
(7) Subject to this section and to section 11, the Committee shall determine its own procedures.
11. Consideration of complaints by the Complaints Committee
(1) Subject to subsections (2) and (3), where a person makes a complaint to the Authority that a licensee or any other person has contravened-
(a) this Ordinance, the Television Ordinance (Cap. 52) or Part IIIA of the Telecommunication Ordinance (Cap. 106); (Replaced 52 of 1989 s. 4)
(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 (Cap. 52) or to a complaint concerning any script or sound recording supplied for sound broadcasting by the Government and broadcast by a licensee but any such complaint shall be referred by the Authority to the Government. (Amended 52 of 1989 s. 4)
(3) The Authority may refuse to refer to the Committee a complaint that
(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 Ordinance (Cap. 52) or imposed pursuant to a term or condition of a licence granted under section 13C of the Telecommunication Ordinance (Cap. 106) the Committee shall, prior to making any recommendation thereon, consult the Telecommunications Authority appointed under section 5 of the Telecommunication Ordinance (Cap. 106). (Amended 52 of 1989 s. 4)
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