(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 purposes of any criminal proceedings or any investigation in connection therewith, whether under this Ordinance or otherwise, in Hong Kong;
- (b) in connection with civil proceedings to which the Broadcasting Authority is a party;
- (c) which facilitates the Broadcasting Authority or the Telecommunications Authority investigating or determining a complaint that a licensee is engaging in conduct that contravenes a provision of a prescribed Ordinance; or
- (d) subject to subsection (3), which the Broadcasting Authority considers it is in the public interest to disclose.
(3) The Broadcasting Authority shall give the person supplying the information in confidence a reasonable opportunity to make representations on a proposed disclosure of the information under subsection (2)(c) or (d) and shall consider all representations made before the Broadcasting Authority makes a final decision to disclose the information.
(4) A person may permit, subject to such conditions as the person may specify, the Broadcasting Authority, the Telecommunications Authority or any person authorized by the Broadcasting Authority or the Telecommunications Authority—
- (a) to divulge specified information which the person has given thereto; or
- (b) to show any specified document or any copy thereof which the person has produced thereto,
to any person or to any specified person.
(5) In this section, “data, book, document or record” (數據、簿冊、文件或紀錄) means the same as it does in section 25(10).
28. Licensee to pay financial penalty
(1) Subject to this section, the Broadcasting 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 Broadcasting Authority may impose a financial penalty on a licensee if it is satisfied that the licensee contravened—
- (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.
