1989 Ed.]
Television
[CAP. 52
39
34. Directions of the Broadcasting Authority
The Broadcasting Authority may issue directions in writing to a licensee requiring it to take such action with regard to the contents of programmes or advertisements or to technical standards as the Broadcasting Authority considers necessary in order to comply with the provisions of this Ordinance including any Code of Practice.
35. Broadcasting Authority may prohibit programmes
(Amended 49 of 1987 s. 17)
(1) The Broadcasting Authority may, by order in writing addressed to a licensee, prohibit the broadcasting of any programme, any part thereof or of any class of material.
(2) In making any order under subsection (1) the Broadcasting Authority shall have regard to the programme planning requirements of the licensee and any unreasonable disregard of such requirements shall be deemed to aggrieve a licensee for the purpose of an appeal under section 38.
(3) Where the Broadcasting Authority is of the opinion that the peace or good order of Hong Kong is threatened it may either orally or in writing prohibit the broadcasting of any particular programme or part thereof, and shall signify such prohibition in writing to the licensee.
(4) The broadcasting of any programme prohibited under subsection (3) shall constitute an offence and on conviction the licensee and any other person shall be liable to a fine of $50,000 and to imprisonment for 6 months. (Amended 72 of 1988 s. 19)
(Amended 49 of 1987 s. 17)
36. Broadcasting Authority may prohibit broadcasting of material rendered by certain individuals
The Broadcasting Authority may, by order in writing addressed to a licensee, prohibit the broadcasting of any material rendered, passed or selected by any person named in such order.
(Amended 49 of 1987 s. 17)
36A. Broadcasting Authority to consult affected licensees
(1) Subject to subsection (2), the Broadcasting Authority shall, before it prohibits any broadcast under section 35(1) or 36, consult with, and consider any representations made to it by, any licensee who in the opinion of the Broadcasting Authority will be affected by any prohibition imposed thereunder.
(2) Where the Broadcasting Authority thinks fit, it may, pending consultation and consideration in pursuance of subsection (1), prohibit temporarily any broadcast under section 35(1) or 36.
(Added 73 of 1980 s. 5. Amended 49 of 1987 s. 17)
Page 40
Page 41
40
CAP. 52]