11. Refusal to grant or renew licence
(1) The Commissioner may refuse to grant a licence, or to renew a licence, if he is satisfied that—
- (a) the applicant for the licence or renewal, or a partnership or body corporate managed, owned or controlled by him, has been convicted of an offence under this Ordinance or the Copyright Ordinance (92 of 1997) or under any previous law of Hong Kong relating to copyright;
- (b) an offence under this Ordinance or the Copyright Ordinance (92 of 1997) or under any previous law of Hong Kong relating to copyright has been committed in connection with any premises to which the application for the licence or renewal relates, whether or not any person has been convicted of that offence;
- (c) the applicant has furnished to the Commissioner any false or misleading information in connection with any application made, or notice given, by him under this Ordinance; or
- (d) the applicant is not, for any other reason satisfactory to the Commissioner, a fit and proper person to hold a licence.
(2) If the Commissioner refuses to grant or renew a licence, he shall notify the applicant in writing of the grounds for the refusal within 14 days after his decision.
12. Revocation of licence
(1) The Commissioner may revoke a licence on any of the grounds for which he may refuse to grant or renew a licence under section 11(1).
(2) In addition, the Commissioner may revoke a licence if he is satisfied that the licensee—
- (a) has ceased to manufacture optical discs in Hong Kong;
- (b) has ceased to manufacture optical discs at any licensed premises; or
- (c) is in breach of, or is unable to comply with, any conditions endorsed on the licence.
(3) The Commissioner shall not revoke a licence unless he first—
- (a) notifies the licensee in writing of his intention and the grounds upon which he proposes to revoke the licence; and
- (b) permits the licensee to make representations to him in writing.
(4) Representations under subsection (3)(b) shall be made within 14 days from the date of the notification under subsection (3)(a) or within such greater period as is specified in the notice.
(5) If the Commissioner revokes a licence, he shall notify the licensee in writing of the grounds for the revocation within 14 days after his decision.
