### Broadcasting (Miscellaneous Provisions) Ordinance 《廣播(雜項條文)條例》

21. Inquiry by Authority
(1) Where he considers that there may be cause for revoking a licence the Chief Executive 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. (Amended 55 of 1999 s. 3)
(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 Chief Executive in Council. (Amended 55 of 1999 s. 3)

### Broadcasting (Miscellaneous Provisions) Ordinance 《廣播(雜項條文)條例》

23. Confidential material to be safeguarded
(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
(b) unless the licensee otherwise permits and except in accordance with such permission no such information or book, record or other document or any copy thereof shall be divulged or shown to any person other than in confidence to members of the Authority or any committee of the Authority, or to a public officer acting in the performance of his duties under or for the purposes of this Ordinance.
(2) Subsection (1) shall not be construed as prohibiting the disclosure of information—
(a) with a view to the institution of or otherwise for the purpose of any criminal proceedings or any investigation in connection therewith, whether under this Ordinance or otherwise, in Hong Kong; or
(b) in connection with civil proceedings to which the Authority is a party.

### Broadcasting (Miscellaneous Provisions) Ordinance 《廣播(雜項條文)條例》

24. Authority may impose financial penalties
(1) The Authority may, by notice in writing addressed to a licensee, require the licensee to pay to the Government the financial penalty specified in such notice in any case where a financial penalty is payable under subsection (2). (Amended 17 of 2011 s. 28)
(2) A financial penalty may be imposed on a licensee by the Authority where the licensee—
(a) fails to comply with any of the terms or conditions of the licence;
(b) fails to comply with a provision of this Ordinance or Part 3A of the Telecommunications Ordinance (Cap. 106) or a regulation made thereunder; (Amended 36 of 2000 s. 28)
(c) fails to comply with any Code of Practice; or
(d) fails to comply with any direction issued by the Authority under this Ordinance.
(3) A financial penalty imposed on a licensee under subsection (2) shall not exceed—
(a) $80,000 for the first occasion on which a penalty is so imposed on that licensee;
(b) $200,000 for the second occasion on which a penalty is so imposed on that licensee; and
(c) $400,000 for any subsequent occasion on which a penalty is so imposed on that licensee. (Amended 48 of 2000 s. 44)
(3A) The Authority shall not impose a financial penalty under this section unless, in all the circumstances of the case, the financial penalty is proportionate and reasonable in relation to the failure or series of failures concerned giving rise to that penalty. (Added 48 of 2000 s. 44)
(4) No financial penalty shall be imposed under subsection (2) unless the Authority is satisfied that the licensee has been afforded reasonable opportunity of complying with the requirement in respect of which the penalty is sought to be imposed.
(Amended E.R. 2 of 2012)

25. Recovery of financial penalty
(1) Any financial penalty imposed by the Authority under section 24 shall be recoverable by the Government as a civil debt in any court of competent jurisdiction.
(2) Any certificate in writing purporting to be made by the Authority to the effect that a financial penalty imposed under section 24 is owing to the Government shall be prima facie evidence of that fact.
(Amended 17 of 2011 s. 28)

### Broadcasting (Miscellaneous Provisions) Ordinance 《廣播(雜項條文)條例》

25A. Licensee to include correction or apology in sound broadcasting service
(1) Subject to subsection (3), the Authority may, in a case described in subsection (2), direct a licensee by a notice in writing served on it, to include in a sound broadcasting service specified in the notice, a correction or apology, or both, in a form approved by the Authority, in such manner (including within such period and within such time of day) as is specified in the notice.
(2) The Authority may issue a direction under subsection (1) if it is satisfied that the licensee did not comply with—
(a) a licence condition;
(b) a requirement under this Ordinance applicable to the licensee;
(c) a direction or order issued, or determination made, under this Ordinance applicable to it; or
(d) a provision in a Code of Practice applicable to it.
(3) The Authority shall not issue a direction under subsection (1) unless the licensee has been given a reasonable opportunity to make representations in writing to the Authority regarding the matter complained of.
(4) Where the licensee carries out a direction under this section, it may announce that it is doing so pursuant to the direction.
(Added 48 of 2000 s. 44)

26. Appeal to the Chief Executive in Council
(1) A licensee aggrieved by— (Amended 10 of 1992 s. 7)
(a) any decision of the Authority in the exercise of any discretion vested in it under the licence, this Ordinance, Part 3A of the Telecommunications Ordinance (Cap. 106) or any regulation made thereunder; or (Amended 36 of 2000 s. 28)
(b) anything contained in any Code of Practice or direction issued by the Authority,

may within 30 days of the notification to him of the decision or direction of the Authority or within 30 days of the date of issue of the Code of Practice, as the case may be, appeal by way of petition to the Chief Executive in Council. (Amended L.N. 145 of 1992)
(2) Except in the case of the suspension of a licence under any provision of the licence, an appeal made under this section shall not affect the operation of the decision, direction or Code of Practice appealed against prior to the determination of the appeal.
(3) The Chief Executive in Council may determine an appeal lodged under this section by confirming, varying or reversing any decision, or direction of the Authority or by amending any Code of Practice to the extent that it is inconsistent with the determination.
(Amended 55 of 1999 s. 3; E.R. 2 of 2012)

### Broadcasting (Miscellaneous Provisions) Ordinance 《廣播(雜項條文)條例》

28. Transitional
If there is any period between the last day of the last report submitted by the Broadcasting Authority under the repealed section 15 and the date of commencement* of the Communications Authority Ordinance (Cap. 616), the Communications Authority must submit a report in respect of that period and that section applies to the report as if it had not been repealed.
(Added 17 of 2011 s. 28)Editorial Note:
* Commencement date : 1 April 2012.

### Control of Obscene and Indecent Articles Ordinance 《淫褻及不雅物品管制條例》

1. Short title
This Ordinance may be cited as the Control of Obscene and Indecent Articles Ordinance.