1989 Ed.]
Broadcasting Authority
[CAP. 391
15
(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.
24. Authority may impose financial penalties
(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.
25. Recovery of financial penalty
(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.