A474
Ord. No. 52/89
Directions by the Authority
BROADCASTING AUTHORITY (AMENDMENT)
20. The Authority may issue directions in writing to a licensee requiring it to take such action with regard to the standards of programmes or advertisements, including the time of their broadcasting and the content or balance of any programme, or with regard to the technical standards of broadcasts, as the Authority considers necessary in order for the licensee to comply with the provisions of any direction issued by the Governor in Council under section 18, any regulations made under section 130 of the Telecommunication Ordinance (Cap. 106), any Code of Practice or any term or condition of its licence and the licensee shall give effect to such direction.
Inquiry by Authority
21. (1) Where he considers that there may be cause for revoking a licence the Governor in Council may direct the Authority to conduct an inquiry for the purpose of making recommendations concerning the revocation of the licence specified in the direction.
(2) In conducting an inquiry under this section the Authority may consider information and matter received from any source.
(3) The following provisions shall apply in relation to the making of recommendations by the Authority under this section-
(a) the Authority shall not recommend the revocation of a licence unless-
(i) it has given to the licensee concerned notice in writing stating that the Authority is considering the making of such a recommendation and the grounds upon which such a recommendation is being considered; and (ii) it has given the licensee concerned the opportunity of making representations or objections concerning the recommendation under consideration; and
(b) the Authority shall consider any representation or objection made to it by the licensee concerning the recommendation under consideration and such further information or matter as it may consider necessary having regard to such representations or objections.
(4) The notice referred to in subsection (3) shall, in addition to stating the matters required by that subsection, state that representations and objections concerning the recommendation under consideration may be made to the Authority (either orally or in writing or both) during such period (being a period of not less than 28 days beginning on the date of receipt by the licensee of the notice) as shall be specified in the notice.
(5) The Authority shall thereafter make recommendations to the Governor in Council.
Investigation of licensee's business
22. (1) If the Authority is satisfied that it is necessary for the proper performance of any of its functions, it may in writing authorize any person to do all or any of the following at all reasonable times-
(a) require any person whom he reasonably believes to be employed in connection with the business of a company to which this section applies to produce for examination any book, record or other document which relates to such business and which is in his possession or under his control;
BROADCASTING AUTHORITY (AMENDMENT)
Ord. No. 52/89 A475
(b) examine and, if he thinks fit, take copies of, or copies of any entry in, any
book, record or other document so produced;
(c) remove any such book, record or other document for further examination;
and
(d) require any director or servant of such company to give him such explanation or further particulars in respect of a book, record or other document produced in compliance with a requirement under paragraph (a) as he shall specify.
(2) Where any information or matter relevant to an investigation under this section is recorded otherwise than in a legible form, the powers conferred by subsection (1) to require the production of any book, record or other document shall include power to require the production of a reproduction of the recording of any such information or matter or of a relevant part of it in a legible form.
(3) A magistrate may, if satisfied by information on oath laid by the chairman or vice-chairman of the Authority or by the principal executive officer—
(a) that it is reasonably necessary for the proper performance of the functions of the Authority that entry be obtained to any building or other premises in which a company to which this section applies carries on business; and (b) that permission to enter such building or premises has been refused or that
entry is likely to be refused,
issue a warrant authorizing a person authorized under subsection (1) to enter such building or premises, and such person may exercise therein the powers specified in subsection (1).
(4) 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 in respect of such company.
(5) Any book, record or other document removed under this section may be retained for any period not exceeding the period of 6 months beginning on the day of its removal or, where the book, record or other document is required in connection with any criminal proceedings, for such longer period as may be necessary for the purposes of those proceedings.
(6) Where a person removes a book, record or other document under this section he shall, as soon as reasonably practicable, give a receipt for it, and he shall, permit any person who would be entitled to inspect it but for such removal to inspect the document at any reasonable time and to make copies of and take extracts from it; but any such permission shall be subject to such reasonable conditions as to security or otherwise as the Authority may impose.
(7) Every person exercising any power under subsection (1) shall upon request, produce for inspection evidence of his identity and of his authorization under subsection (1).
(8) This section applies to a company that is a licensee or a subsidiary (within the meaning of section 2 of the Companies Ordinance (Cap. 32) ) of a licensee.
Confidential material to be safeguarded
23. (1) Subject to subsection (2)—
(a) any information which is furnished, and any book, record or other document which is produced, by a licensee to a person authorized under section 22(1), thereby, shall be confidential; and
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