### Broadcasting Ordinance 《廣播條例》

34. Appeal to Chief Executive in Council
(1) Subject to the provisions of this section, a licensee (including a person seeking to be a licensee) aggrieved by—
(a) a decision of—
(i) the Authority in the exercise of a discretion conferred on it under this Ordinance or the Broadcasting (Miscellaneous Provisions) Ordinance (Cap. 391) (including a decision to specify a condition in a licence); (Amended 17 of 2011 s. 28)
(ii) (Repealed 17 of 2011 s. 28)(b) anything contained in a direction, order, or determination, under this Ordinance; or
(c) anything contained in a Code of Practice,

may appeal by way of petition to the Chief Executive in Council, not later than 30 days beginning on the date of the relevant decision, the issue or making of the direction, order, or determination, or the publication of the Code of Practice, as the case may be.
(2) Subject to sections 31(4) and 32(7), pending the determination of an appeal under subsection (1), the licensee shall comply with the matter mentioned in that subsection being appealed against.

### Broadcasting Ordinance 《廣播條例》

35. Determination of appeal
(1) In determining an appeal under section 34, the Chief Executive in Council—
(a) may receive information and advice from the Authority or any other person he considers appropriate; and (Amended 17 of 2011 s. 28)
(b) shall afford the licensee concerned a reasonable opportunity to make representations on such information and advice, if any, received.
(2) The Chief Executive in Council may determine an appeal by confirming, varying or reversing the decision, direction, order, or determination, appealed against or, where appropriate, by directing that the relevant provision of the Code of Practice be amended as specified by him.

### Broadcasting Ordinance 《廣播條例》

36. Court may prohibit certain television programmes, etc.
(1) A licensee shall not include in its licensed service a television programme, or any part thereof, that is likely, in Hong Kong, to—
(a) incite hatred against any group of persons, being a group defined by reference to colour, race, sex, religion, nationality or ethnic or national origins;
(b) result in a general breakdown in law and order; or
(c) gravely damage public health or morals.
(2) Where the Chief Secretary reasonably believes that the inclusion of a television programme, or any part thereof, in a licensed service would contravene subsection (1), the Chief Secretary may apply to the Court of First Instance for an order under this section.
(3) In a case of urgency, the Chief Secretary may, under subsection (2), make an application for an interim order, ex parte and on affidavit, but otherwise the application shall be made by motion or summons.
(4) Where the Chief Secretary makes an application under subsection (2), the Court of First Instance may, where it is satisfied that the inclusion of a television programme, or any part thereof, in a licensed service would contravene subsection (1), make an order prohibiting the inclusion of the whole or any part of the programme in the licensed service and requiring any person who in the opinion of the Court would be knowingly involved in that contravention to take such steps as the Court may direct for the purpose of giving effect to the prohibition.
(5) Where the Chief Secretary makes an application under subsection (2), the Court of First Instance may, by order, require the licensee or any other person referred to in subsection (4) to produce to it any material in the possession or control of the licensee or other person and which relates to the television programme the subject of the application.
(6) Where subsection (3) applies to an application under subsection (2), the Court of First Instance shall not make an interim order under subsection (4) or (5) unless it is satisfied that it is a case of urgency.
(7) Any material produced under subsection (5) shall not be admissible in any criminal proceedings against the licensee, or person, producing it.
(8) Subject to subsection (9), rules of court may provide for—
(a) the discharge and variation of orders under this section;
(b) proceedings relating to such orders; and
(c) costs.
(9) The power to make rules of court under section 54 of the High Court Ordinance (Cap. 4) shall include the power to make rules of court for the purposes of this section.
(10) The jurisdiction of the Court of First Instance under this section shall not be exercised by the Registrar of the High Court or a Master of that Court.

### Broadcasting Ordinance 《廣播條例》

37. Contests
Notwithstanding the provisions of the Gambling Ordinance (Cap. 148), contests which comply with the standards set out in a Code of Practice applicable to contests may be organized in connection with television programmes included in a licensed service and may form part of those programmes.

38. Inspection and testing of technical equipment
(1) The Authority or any person authorized in writing by it in that behalf may, at any reasonable time, inspect and test any equipment or part thereof used, or intended to be used, by a licensee for the provision of any television programme service for the purpose of ascertaining whether or not the licensee is complying with such technical standards 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) The directors, principal officers and other employees of a licensee shall, for the purpose of any inspection or test under subsection (1)—
(a) make available on request to the Authority or any person authorized by it for the purpose of the inspection or test and permit to be inspected and tested any equipment or part thereof used, or intended to be used, for the provision of any television programme service;
(b) if so required by the Authority or such authorized person, give any explanation or particulars which the Authority or person considers necessary for the purposes of exercising any powers of the Authority or such person under this section; and
(c) assist the Authority or such authorized person in carrying out the inspection or test in any manner specified by the Authority or such person.
(3) Nothing in subsection (2) shall oblige any person to answer any question which incriminates or might incriminate him or which relates to matters not within his knowledge or to give information which cannot reasonably be expected to be in his possession or under his control.
(Amended 17 of 2011 s. 28)