Hong Kong Ordinances

BROADCASTING ORDINANCE - SECT 28

Licensee to pay financial penalty

(1) Subject to this section, the Broadcasting Authority may, by notice in
writing served on a licensee, require the licensee to pay the financial
penalty specified in the notice where that penalty may be imposed by virtue of
this section.

(2) The Broadcasting Authority may impose a financial penalty on a licensee 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 in a Code of Practice which is applicable to it.

(3) The financial penalties imposed under this section shall not exceed
$200000 for the first occasion on which a penalty is imposed, $400000 for the
second occasion on which a penalty is imposed, and $1000000 for any subsequent
occasion on which a penalty is imposed.

(4) Where the Broadcasting Authority considers that if it were to impose a
financial penalty under subsection (3) it would not be adequate for a breach
of section 13(1) or 14(1)-

   (a)  the Broadcasting Authority may-

        (i)    within 3 years of the commission of the breach; or

        (ii)   if the breach comes to the notice of the Broadcasting 
               Authority within 3 years of its commission, within 3 years of
               it so coming to the notice of the Broadcasting Authority,
               whichever is the later, make an application to the Court of
               First Instance; and

   (b)  upon such application, the Court of First Instance may, without
        prejudice to any powers conferred on the Broadcasting Authority by any
        provision of this Ordinance or any regulation made thereunder or any
        licence condition, impose upon the licensee who has committed the
        breach a financial penalty of a sum not exceeding 10% of the turnover
        of the licensee in the relevant television programme service market in
        the period of the breach, or $2000000, whichever is the higher, and
        also specify when any such financial penalty is due for payment.

(5) The Broadcasting Authority shall not impose a financial penalty under this
section unless, in all the circumstances of the case, the financial penalty is
proportionate and reasonable in relation to the failure or series of failures
concerned giving rise to that penalty.

(6) The Broadcasting Authority shall not impose a financial penalty unless it
has given the licensee a reasonable opportunity to make representations to it
in relation to the matters in respect of which a financial penalty is proposed
to be imposed.

(7) The Broadcasting Authority shall not impose a financial penalty in respect
of a contravention by a licensee of a licence condition where a
performance bond has been called in respect of the contravention.

(8) The Broadcasting Authority shall not impose a financial penalty in respect
of a contravention by a licensee of a requirement under this Ordinance where
the licensee has been convicted of an offence in respect of the contravention.