(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) Where the Broadcasting Authority considers that if it were to impose a financial penalty under subsection (3) it would not be adequate for a breach of section 13(1) or 14(1)—
- (a) the Broadcasting Authority may—
- (i) within 3 years of the commission of the breach; or
- (ii) if the breach comes to the notice of the Broadcasting Authority within 3 years of its commission, within 3 years of it so coming to the notice of the Broadcasting Authority, whichever is the later, make an application to the Court of First Instance; and
- (b) upon such application, the Court of First Instance may, without prejudice to any powers conferred on the Broadcasting Authority by any provision of this Ordinance or any regulation made thereunder or any licence condition, impose upon the licensee who has committed the breach a financial penalty of a sum not exceeding 10% of the turnover of the licensee in the relevant television programme service market in the period of the breach, or $2,000,000, whichever is the higher, and also specify when any such financial penalty is due for payment.
(5) The Broadcasting 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 Broadcasting 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 Broadcasting 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 Broadcasting 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.
29. Recovery of financial penalty
(1) A financial penalty required to be paid under section 28(1) may be recovered by the Broadcasting Authority as a civil debt.
