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16. Consideration of complaints by the Complaints Committee

Section 11 is amended—

(a) in subsection (1)(a), by repealing “Television Ordinance (Cap. 52)” and substituting “Broadcasting Ordinance (48 of 2000)”;

(b) by repealing subsection (2) and substituting—

“(2) Subsection (1) shall not apply to a complaint concerning—

(a) any matter referred to in section 13(1) or 14(1) of the Broadcasting Ordinance (48 of 2000); or

(b) any matter referred to in section 19 of the Broadcasting Ordinance (48 of 2000) or any script or material supplied for broadcasting by the Government and broadcast by a licensee.

(2A) The Authority shall refer to the Government a complaint which falls within subsection (2)(b).”;

(c) in subsection (5), by repealing “21 of the Television Ordinance (Cap. 52)” and substituting “38 of the Broadcasting Ordinance (48 of 2000)”;

(d) in subsection (7), by repealing “45 of the Television Ordinance (Cap. 52)” and substituting “25 of the Broadcasting Ordinance (48 of 2000)”.

17. Section added

The following is added—

“11A. Consideration of complaint that a licensee has contravened section 13(1) or 14(1) of Broadcasting Ordinance

(1) A person may make a complaint in writing to the Authority that a licensee has contravened section 13(1) or 14(1) of the Broadcasting Ordinance (48 of 2000).

(2) Subject to subsection (3), the Authority, upon receipt of a complaint under subsection (1), shall—

(a) give the licensee the subject of the complaint a reasonable opportunity to make representations in writing;

(b) consider any representations in writing made by or on behalf of the complainant and the licensee; and

(c) consider any evidence received by it, whether tendered on behalf of the complainant or otherwise, which it considers relevant to the complaint.

(3) The Authority may receive such evidence as it thinks fit and neither the provisions of the Evidence Ordinance (Cap. 8) nor any other rule of law relating to the admissibility of evidence shall apply in proceedings before the Authority.”.

18. Delegation of powers, etc. to principal executive officer

Section 14(2)(b) is repealed and the following substituted—

“(b) section 3, 4, 8, 9, 10, 11, 28, 31, 32 or 33 of the Broadcasting Ordinance (48 of 2000).”.

19. Indemnity

Section 16 is amended by repealing “Television Ordinance (Cap. 52)” and substituting “Broadcasting Ordinance (48 of 2000)”.