Page:Broadcasting Ordinance (Cap. 562).pdf/35

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BROADCASTING ORDINANCE
Ord. No. 48 of 2000
A1853

(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 Broadcasting Authority to the effect that a financial penalty is due and payable to the Broadcasting Authority shall be prima facie evidence of that fact.

(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 Broadcasting 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 Broadcasting Authority, in such manner (including within such period and within such time of day) as is specified in the notice.

(2) The Broadcasting Authority may issue a direction under subsection (1) 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 of a Code of Practice which is applicable to it.

(3) The Broadcasting Authority shall not issue a direction under subsection (1) unless the licensee has been given a reasonable opportunity to make representations to the Broadcasting Authority regarding the matter complained of.

(4) Where a licensee carries out a direction under this section, it may announce that it is doing so pursuant to the direction.

31. Suspension of licence

(1) Subject to the provisions of this section, the Broadcasting Authority may, by notice in writing served on a licensee, suspend its licence for a period of not more than 30 days as is specified in the notice.

(2) A licence shall only be suspended under subsection (1)—

(a) for failure by the licensee to pay—
(i) any licence fee, or any other fee or charge owing by the licensee under this Ordinance, within 30 days beginning on the date the payment is due; or