### Broadcasting Ordinance 《廣播條例》

23. General requirements as to television programme services
(1) A licensee shall be responsible at all times for ensuring that its licensed service does not include a subliminal message.
(2) Subject to subsection (3), a licensee shall—
(a) comply with its licence conditions;
(b) comply with any requirements under this Ordinance which are applicable to it;
(c) comply with any directions, orders, or determinations, under this Ordinance which are applicable to it;
(d) comply with all provisions in a Code of Practice which are applicable to it; and
(e) without prejudice to the operation of any Code of Practice which relates to this section, to any regulations under section 42(1)(e) or to the Authority’s functions under section 9 of the Broadcasting (Miscellaneous Provisions) Ordinance (Cap. 391), secure proper standards for its licensed service with regard to television programme content and technical performance. (Amended 17 of 2011 s. 28)
(3) Subsection (2) shall not apply in the case of material supplied by the Government.
(4) For the avoidance of doubt, it is hereby declared that the fact that any material included or to be included in a licensee’s licensed service is material exempted or approved for the purposes of exhibition or publication under the Film Censorship Ordinance (Cap. 392) does not by itself relieve the licensee of any obligation under this Ordinance.
(5) In this section—
standards (標準), in relation to television programme content, includes restrictions on the time of day when content of a particular class may be provided;
subliminal message (潛送訊息) means the transmission of material the duration of which is so brief that it does not enable a person to obtain a conscious picture of the material.

24. Directions of Authority
(Amended 17 of 2011 s. 28)(1) The Authority may issue directions in writing to a licensee requiring it to take such action specified in the notice as the Authority considers necessary in order for the licensee to comply with any requirement under a prescribed Ordinance, any licence condition or any provision in a Code of Practice applicable to it.
(2) (Repealed 17 of 2011 s. 28)(3) The Authority shall cause directions under subsection (1) (except directions relating to technical standards) to be published in the Gazette or in such other manner as it thinks fit.
(Amended 17 of 2011 s. 28)

### Broadcasting Ordinance 《廣播條例》

26. Authority may obtain information
(Amended 17 of 2011 s. 28)(1) If the Authority is satisfied that there are reasonable grounds for believing that a person, other than a licensee, is, or is likely to be, in possession of information or a document that is relevant to the Authority’s investigation of a breach or suspected breach of a licence condition, a requirement under this Ordinance, or a direction, order, or determination, under this Ordinance, the Authority may serve a notice in writing on the person— (Amended 17 of 2011 s. 28)
(a) requesting the person to—
(i) give the information or document in writing to the Authority; or
(ii) produce the document to the Authority,

as the case requires, before a date (the relevant date

### Broadcasting Ordinance 《廣播條例》

28. Licensee to pay financial penalty
(1) Subject to this section, the Authority may, by notice in writing served on a licensee, require the licensee to pay the financial penalty specified in the notice where that penalty may be imposed by virtue of this section.
(2) The Authority may impose a financial penalty on a licensee if it is satisfied that the licensee contravened— (Amended 17 of 2011 s. 28)
(a) a licence condition;
(b) a requirement under this Ordinance which is applicable to it;
(c) a direction, order, or determination, under this Ordinance which is applicable to it; or
(d) a provision in a Code of Practice which is applicable to it.
(3) The financial penalties imposed under this section shall not exceed $200,000 for the first occasion on which a penalty is imposed, $400,000 for the second occasion on which a penalty is imposed, and $1,000,000 for any subsequent occasion on which a penalty is imposed.
(4) (Repealed 14 of 2012 s. 176)(5) 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.
(6) The Authority shall not impose a financial penalty unless it has given the licensee a reasonable opportunity to make representations to it in relation to the matters in respect of which a financial penalty is proposed to be imposed.
(7) The Authority shall not impose a financial penalty in respect of a contravention by a licensee of a licence condition where a performance bond has been called in respect of the contravention.
(8) The Authority shall not impose a financial penalty in respect of a contravention by a licensee of a requirement under this Ordinance where the licensee has been convicted of an offence in respect of the contravention.
(Amended 17 of 2011 s. 28)

### Broadcasting Ordinance 《廣播條例》

29. Recovery of financial penalty
(1) A financial penalty required to be paid under section 28(1) may be recovered by the Government as a civil debt. (Amended 17 of 2011 s. 28)
(2) Where, on an appeal under section 34, the Chief Executive in Council—
(a) remits a financial penalty, subsection (1) shall not apply; or
(b) reduces the amount of a financial penalty, subsection (1) shall apply in respect of the reduced financial penalty.
(3) A certificate in writing purporting to have been made by the Authority to the effect that a financial penalty is due and payable to the Government shall be prima facie evidence of that fact. (Amended 17 of 2011 s. 28)
(4) A licensee shall pay to the Director of Accounting Services the financial penalty imposed by a notice under section 28(1) served on it not later than 30 days after the date on which the notice is served.

30. Licensee to include correction or apology in television programme service
(1) Subject to subsection (3), the Authority may, in a case falling within subsection (2), by notice in writing served on a licensee, direct the licensee to include in its licensed service 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. (Amended 17 of 2011 s. 28)
(2) The Authority may issue a direction under subsection (1) if it is satisfied that the licensee contravened— (Amended 17 of 2011 s. 28)
(a) a licence condition;
(b) a requirement under this Ordinance which is applicable to it;
(c) a direction, order, or determination, under this Ordinance which is applicable to it; or
(d) a provision of a Code of Practice which is 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 to the Authority regarding the matter complained of. (Amended 17 of 2011 s. 28)
(4) Where a licensee carries out a direction under this section, it may announce that it is doing so pursuant to the direction.