Hong Kong Ordinances

BROADCASTING ORDINANCE - SECT 25

Investigation of licensee's business

(1) Where the Broadcasting Authority is satisfied that it is necessary for the
proper performance of its functions under a prescribed  Ordinance in order to
ensure a licensee's compliance with a licence condition, a requirement under
the Ordinance which is applicable to it, a direction, order, or determination,
under the Ordinance which is applicable to it, or a provision in a
Code of Practice which is applicable to it, it may authorize in writing any
person to do all or any of the following at such times as are specified by it
in the authorization-

   (a)  require a licensee or a person whom such authorized person reasonably
        believes to be employed or engaged in connection with the
        relevant business of a person to whom this section applies to produce
        for examination any data, book, document or record which relates to
        such business and which is in the possession or under the control of
        the licensee or person, as the case may be;

   (b)  examine and, if he thinks fit, to take copies of any data, book,
        document or record produced under paragraph (a) or any entry therein;

   (c)  remove the data, book, document or record referred to in paragraph (a)
        or the copies referred to in paragraph (b) for examination by him and
        the Broadcasting Authority; and

   (d)  require a licensee or a person whom such authorized person reasonably
        believes to be employed or engaged in connection with the
        relevant business of a person to which this section applies to give
        the authorized person and the Broadcasting Authority any explanation
        or further particulars as specified by the authorized person in
        respect of any data, book, document or record produced under paragraph
        (a).

(2) Where any information or matter relevant to an investigation under this
section is recorded otherwise than in a readily legible or comprehensible
form, the powers conferred by subsection (1) to require the production of any
data, book, document or record shall include power to require the production
or reproduction of the data, book, document or record of a relevant part of it
in a readily legible and comprehensible form.

(3) A magistrate may, if satisfied by information on oath laid by the chairman
or vice chairman of the Broadcasting Authority or by the principal executive
officer within the meaning of the Broadcasting  Authority Ordinance (
Cap 391)-

   (a)  that it is necessary for the proper performance of the functions of
        the Broadcasting Authority as referred to in subsection (1) that entry
        be obtained to any premises which the chairman, vice chairman or
        principal executive officer has reasonable grounds for believing is
        used or occupied by a person to whom this section applies for the
        purposes of keeping, storing or using any data, book, document or
        record which relates to the relevant business of the person to whom
        this section applies; and

   (b)  that permission to enter such premises has been refused or that entry
        is likely to be refused, issue a warrant authorizing a person
        authorized under subsection (1) to enter such premises, and such
        person-

        (i)    may exercise therein the powers specified in subsection (1);
               and

        (ii)   copy, seize, remove and detain any data, book, document or
               record therein or any copy thereof which the authorized person
               has reasonable grounds for believing will afford evidence
               likely to assist the Broadcasting Authority in the proper
               performance of its functions under this Ordinance.

(4) A person who is an employee, director, principal officer or agent of a
person to whom this section applies shall assist and shall not obstruct a
person exercising a power under this section.

(5) Any data, book, document or record removed under this section may be
retained for any period not exceeding 6 months beginning on the day of its
removal or, where the data, book, document or record is required in connection
with any criminal proceedings, for such longer period as may be necessary for
the purposes of those proceedings.

(6) Where a person removes any data, book, document or record under this
section, he shall, as soon as is practicable, give a receipt for it, and he
shall permit any person who would be entitled to inspect it but for its
removal to inspect the same at any reasonable time and to make copies of and
take extracts from it; but any such permission shall be subject to such
reasonable conditions as to security or otherwise as the Broadcasting 
Authority may impose.

(7) Every person exercising any power under subsection (1) or (3) shall be
furnished with a copy of his authorization and shall, upon request, produce
for inspection, evidence of his identity and of his authorization.

(8) The powers conferred by subsections (1)(a) or (b) and (3) include a power-

   (a)  to require the person mentioned in subsection (1)(a) to extract or
        retrieve, or cause to be extracted or retrieved, in a visual or
        printed or other written form or on a computer disc, or in both, any
        information referred to in subsection (10) and specified by the person
        exercising the power, and if when extracted or retrieved the
        information is in a printed or other written form, to require the
        person so described to deliver it to the person exercising the power;

   (b)  to extract or retrieve himself, in either of or both such forms, by
        means of the equipment normally used for that purpose, any information
        so referred to; and

   (c)  to examine any information so extracted or retrieved and if thought
        fit to remove it.

(9) This section applies to a person who is a licensee or its associate.

(10) In this section- "data, book, document or record"
(數據、簿冊、文件或紀錄) includes any information which-

   (a)  relates to a relevant business; and

   (b)  is recorded in a form in which it can be extracted or retrieved by
        equipment operating automatically in response to instructions given
        for that purpose.

"relevant business" (有關業務) means business directly connected or
associated with the provision of a television programme service.

(11) For the avoidance of doubt, it is hereby declared that the provisions of
Part XII of the Interpretation and General Clauses Ordinance ( Cap 1) apply to
this section. "data, book, document or record"
(數據、簿冊、文件或紀錄)

"relevant business" (有關業務)