1964_TELEVISION_ORDINANCE — Page 45

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CAP. 52]

Television

[1989 Ed.

under this section as respects the current quarter is found to exceed the amount of the payment-

(i) the excess or any part thereof shall be payable to the

Director of Accounting Services on demand; and

(ii) the making of the payment shall not prejudice any mode of recovery should the licensee fail to pay any part of the excess remaining to be paid pursuant to the requirements of subparagraph (i).

(c) Where a payment is made under paragraph (a) and when ascertained the amount referred to in paragraph (b) is found to be less than the amount of the payment, the licensee concerned shall be entitled to a refund equal to the amount of the overpayment.

(7) Where the Director of Accounting Services believes that an amount payable under this section by a licensee, in relation to any period consisting of one quarter or of two or more consecutive quarters, was greater than the total amount (if any) paid by him in relation to that period, then, without prejudice to any other action which may be taken, he may make an estimate in one sum of the total amount which in his opinion should have been paid in respect of the quarter or quarters comprised in such period and may give to the licensee a notice in writing specifying-

(a) the total amount so estimated;

(b) the total amount (if any) paid by the licensee in relation to the

said period; and

(c) the balance remaining unpaid.

(8) Where a notice is given under subsection (7) to a licensee, the following provisions shall apply-

(a) the licensee may, if he claims that the total amount or, as the case may be, the balance remaining unpaid is excessive, give a notification to that effect in writing to the Director of Accounting Services, within the period of 21 days beginning on the date of the notice under subsection (7);

(b) on the expiration of the said period, if no notification under this subsection is received by the Director of Accounting Services or, if such a notification is so received, on determination of the difference by agreement or arbitration, the balance remaining unpaid as specified in the notification or the amended balance (if any) as so determined shall become due and payable as if the amount were one which the licensee was liable to pay for the quarter during which the period of 14 days from the date of the giving of the notice under subsection (7) expired or during which the difference was determined by agreement or arbitration, or where those quarters are different, whichever of them is the later.

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1989 Ed.]