TNAG-1818-FCO40-2579-Broadcasting-in-Hong-Kong-1988 — Page 160

(Cap. 361)

TELEVISION (AMENDMENT) BILL 1988

(a) forthwith notify the Broadcasting Authority and also the secretary of the Unified Exchange (within the meaning of the Stock Exchanges Unification Ordinance) of the transfer, allotment or issue, as the case may be, and the contravention; and

(b) refuse to register or, where appropriate, cause to be refused the registration of, an allotment, issue or transfer of such shares to any other person, being a company or other body corporate or any other person who is an unqualified person for the pur- poses of section 17C, until such time as a notice in writing is received by the licensee from the Broad- casting Authority stating that such registrations may be resumed.".

9. The following is added after section 13—

"Suspension of licence

13A. (1) Subject to the provisions of this section, the Broadcasting Authority may suspend a licence under this Ordinance for such period, being a period not exceeding 30 days, as is specified in the suspension.

(2) A licence shall only be suspended under this section where, if having regard to such of the following as is or are appropriate in the particular case, namely, 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 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

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