Hong Kong Ordinances

BROADCASTING ORDINANCE - SECT 26

Broadcasting Authority may obtain information

(1) If the Broadcasting Authority is satisfied that there are reasonable
grounds for believing that a person, other than a licensee, is, or is likely
to be, in possession of information or a document that is relevant to the
Broadcasting Authority's investigation of a breach or suspected breach of a
licence condition, a requirement under this Ordinance, or a direction, order,
or determination, under this Ordinance, the Broadcasting Authority may serve a
notice in writing on the person-

   (a)  requesting the person to-

        (i)    give the information or document in writing to the
               Broadcasting  Authority; or

        (ii)   produce the document to the Broadcasting Authority,
as the case requires, before a date ("the relevant date") specified in the
notice, being a date reasonable in all the circumstances of the case;

   (b)  stating that if the person is of the view that he cannot, or does not
        wish to, comply with the request, then he may make representations in
        writing to the Broadcasting Authority as to why he is of that view
        before the relevant date; and

   (c)  accompanied by a copy of this section in the Chinese and English
        languages.

(2) Where the Broadcasting Authority receives representations referred to in
subsection (1)(b) from a person, the Broadcasting Authority shall-

   (a)  consider them; and

   (b)  serve a notice in writing on the person stating that the
        Broadcasting Authority has considered the representations and that-

        (i)    the notice under subsection (1) served on the person is
               withdrawn with effect from the date of service of the notice
               under this subsection; or

        (ii)   the notice under subsection (1) served on the person remains in
               force and the Broadcasting Authority will on a date specified
               in the notice under this subsection seek an order under
               subsection (3) unless the person has, before the date, complied
               with the notice under subsection (1) served on the person.

(3) Where a notice under subsection (1) served on a person has not been
withdrawn under subsection (2)(b)(i) and the person has not complied with the
notice before the relevant date, or before the date specified in the notice
under subsection (2) served on the person, as the case requires, then a
magistrate may-

   (a)  if satisfied by information on oath that there are reasonable grounds
        for believing that the person is, or is likely to be, in possession of
        the information or a document to which the first-mentioned notice
        relates and that the information or document is relevant to the
        Broadcasting Authority's investigation of a breach or suspected breach
        of a licence condition, a requirement under this Ordinance, or a
        direction, order, or determination, under this Ordinance; and

   (b)  after considering the representations, if any, referred to in
        subsection (1)(b) received by the Broadcasting Authority in
        consequence of the service of the notice, issue an order that the
        person shall, within the time specified in the order, give the
        information or document in writing to the Broadcasting  Authority or
        produce the document to the Broadcasting Authority, as the case
        requires.

(4) Any information or document to be given or produced to the
Broadcasting Authority by a person in compliance with a notice under
subsection (1) or an order under subsection (3) shall be so given or produced
by reference to the information or document at the time of service of that
notice except that the information or document may take account of any
processing-

   (a)  made between that time and the time when the information or document
        is so given or produced; and

   (b)  that would have been made irrespective of the service of that notice.

(5) The Broadcasting Authority shall not disclose any information or document
given or produced to him under this section except subject to the requirement
in subsection (6) and if the Broadcasting Authority considers that it is in
the public interest to disclose that information or document, as the case may
be.

(6) The Broadcasting Authority shall give a person giving or producing any
information or document under this section a reasonable opportunity to make
representations on a proposed disclosure of the information or document, as
the case may be, and shall consider all representations made before the
Broadcasting Authority makes a final decision to disclose the information or
document, as the case may be.

(7) For the avoidance of doubt, it is hereby declared that where a person
gives or produces any information or document under this section
notwithstanding that the information or document is the subject of a
confidentiality agreement with another person that prevents the
first-mentioned person from releasing the information or document, the
first-mentioned person shall not be liable for any civil liability or claim
whatever in respect of the giving or production of that information or
document contrary to that agreement.

(8) A person commits an offence if he, without reasonable excuse-

   (a)  fails to comply with an order under subsection (3);

   (b)  fails to comply with subsection (4); or

   (c)  in purported compliance with a notice under subsection (1) or an order
        under subsection (3), knowingly gives information that is false or
        misleading, and shall be liable on conviction to a fine at level 5 and
        to imprisonment for 2 years.

(9) In this section, "processing" (處理), in relation to any information or
document, includes amending, augmenting, deleting or rearranging all or any
part of the information or document, whether by automated means or otherwise.

"processing" (處理)