TNAG-1810-FCO40-2571-Hong-Kong-University-of-Science-and-Technology-University-o-1988 — Page 62

A440

Ord. No. 72/88

Revocation of licence

TELEVISION (AMENDMENT)

comply with a condition attached to the licence, or any such failure to comply with any direction or order applicable to the licensee and given or made by the Broadcasting Authority either under this Ordinance or under a provision of a Code of Practice, the Broadcasting Authority is satisfied that the licence should be suspended.

(3) (a) The following provisions shall apply in relation

to the suspension under this section of a licence-

(i) the Broadcasting Authority shall not suspend the licence unless and until it has given to the holder of the licence notice in writing stating that that authority has under consideration the suspension of the licence and the grounds upon which and any other reason why such suspension is being consid- ered; and

(ii) the Broadcasting Authority shall consider any representation or objection made to it as regards the proposed suspension.

(b) The notice referred to in paragraph (a) shall, in addition to stating the matters required by that paragraph, state that representations and objections as regards the proposed suspension may be made to the Broadcasting Authority during such period (being a period of not less than 28 days beginning on the date of the notice) as shall be specified in the notice (which representations and objections are hereby authorized to be made either orally or in writing).

(4) In case the Broadcasting Authority suspends a licence under this section the holder of the licence may, within the period of 21 days beginning on the date of the suspension, appeal to the Governor in Council by way of petition against the suspension.

(5) Where a licence is suspended under this section the suspension shall not come into force before-

(a) in case such an appeal is not taken, the expiration of the period during which such an appeal may be taken; or

(b) in case such an appeal is taken, the appeal is either

withdrawn or determined.".

10. Section 14(3) is amended by repealing paragraph (b) and sub- stituting-

"(b) if having regard to such of the following as is or are appropriate in the particular case, namely, the number of times the licence has been suspended, the number of penalties imposed on the licensee under section 37 since the issue of the licence, the number of occasions on which, since such issue, the requirements of this Ordinance (apart from section 37) have, in relation to the licensee, been contravened, any failure by the licensee, whether by act or omission, to comply with a condition attached to the licence, or

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