TNAG-1810-FCO40-2571-Hong-Kong-University-of-Science-and-Technology-University-o-1988 — Page 86

A464

Ord. No. 72/88

Investigation of

licensees' business

Section added

TELEVISION (AMENDMENT)

23. Section 45 is amended-

(a) by repealing subsections (1) and (2) and substituting-

"(1) Where the Broadcasting Authority is of opinion that it is necessary for the proper performance of any of its functions under this Ordinance, it may authorize any person at all reasonable times to—

(a) enter any building or other premises in which a company to which this section applies carries on business;

(b) require any person whom he reasonably believes to be employed in connection with such business to produce for examination any book, account, voucher, record, or receipt or other document which relates to such business and which is in his posses- sion or under his control;

(c) examine and, if he thinks fit, take copies of, or copies of any entry in, any book, record or other document produced in pursuance of a requirement under this section;

(d) remove any such document for further examination;

and

(e) question any director or servant of such company in

relation to such business.

(2) A person who is a director or a servant of a company to which this section applies shall assist and shall not obstruct a person exercising a power under this section."; and

(b) by adding after subsection (3)—

"(4) Any document removed in exercise of a power under this section shall be returned as soon as is reasonably practicable.

(5) Every person authorized by the Broadcasting Au- thority under subsection (1) shall be furnished with a copy of the authorization and when exercising a power under this Ordinance shall, if requested by any person thereby affected, produce such copy for inspection by the person.

(6) This section applies to any company to which sec- tion 42 applies.".

24. The following is added after section 45-

"Sections 42

and 45; supplementary provisions

45A. (1) In sections 42 and 45 “record” includes any information which-

(a) relates to a business in relation to which the powers.

under those sections may be exercised; and

(b) is recorded in a form in which it can be extracted or retrieved by equipment operating automatically in response to instructions given for that purpose.