TNAG-0351-FCO40-387-Future-of-broadcasting-in-Hong-Kong-1972 — Page 97

18

Powers of

Financial Secre- tary in relation

to royalty.

Licensee to submit audited accounts.

Recovery of royalty and financial penalty.

Investigation of licensees' business.

CAP. 52]

Television.

[1964 Ed.

42. (1) For the purposes of calculating and ensuring the payment of royalties the Financial Secretary, and any person authorized in writing by him for such purposes, may inspect at all reasonable times all books of accounts, vouchers, receipts, and all other records of a licensee and may make extracts from such documents and may take away any such documents for further examination.

(2) All documents and copies thereof and all other informa- tion obtained under subsection (1) shall be treated as confidential and used only for the purposes set out in subsection (1).

43. A licensee shall submit to the Financial Secretary not later than six months after the end of the accounting year of the licensee company audited accounts prepared in such manner and containing such details as may be approved and required by the Financial Secretary.

44. (1) Any royalty declared by the Financial Secretary in writing to be owing to the Government and any financial penalty imposed by the Television Authority and declared by him in writing to be owing to the Government, and not remitted or re- duced on appeal by the Governor in Council, shall be recoverable as a civil debt.

(2) Any declaration in writing made under the hand of the Financial Secretary or the Television Authority shall be prima facie evidence of the debt.

(3) Any such royalty or financial penalty shall constitute a first charge on the installations, equipment and other assets of the licensee.

45 (1) Where the Television Authority is of the opinion that-

(a) information contained in an application was incorrect; or

(b) the licensee is not complying with any condition of the

licence,

he, or any public officer authorized by him or any agent appointed by him, may at all reasonable times—

(i) inspect all books, accounts, records and other documents

of the licensee;

(ii) make extracts of any such documents;

(iii) take away any such documents for further examination;

and

(iv) question any director or servant of the licensee.

(2) The directors and servants of the licensee shall assist any person exercising power under this section.