- (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.
PART VII
Prohibition and Proscription by Court
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.
