Hong Kong Ordinances

BROADCASTING ORDINANCE - SECT 31

Suspension of licence

(1) Subject to the provisions of this section, the Broadcasting  Authority
may, by notice in writing served on a licensee, suspend its licence for a
period of not more than 30 days as is specified in the notice.

(2) A licence shall only be suspended under subsection (1)-

   (a)  for failure by the licensee to pay-

        (i)    any licence fee, or any other fee or charge owing by the
               licensee under this Ordinance, within 30 days beginning on the
               date the payment is due; or

        (ii)   any financial penalty when it is due for payment- (A) as
               specified by the Court of First Instance under section  28
               (4)(b); or (B) under section 29(4); or

   (b)  if, as may be applicable in the particular case, having regard to all
        the circumstances, including the number of occasions and the gravity
        in respect of which, after the issue of the licence-

        (i)    the licensee has 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 of a
               Code of Practice which is applicable to it;

        (ii)   another person has contravened a condition, requirement,
               direction, order, determination or provision mentioned in
               subparagraph (i) and such contravention has taken place with
               the consent or connivance of the licensee.

(3) The Broadcasting Authority shall, before making a decision whether or not
to suspend a licence under subsection (1)-

   (a)  serve on the licensee a notice in writing stating that-

        (i)    the Broadcasting Authority has under consideration the
               suspension of the licence and the grounds upon which and any
               other reason why such suspension is being considered;

        (ii)   representations as regards the proposed suspension may be made
               to the Broadcasting Authority during the period specified in
               the notice

(being a period of not less than 28 days beginning on the date of service of
the notice); and

   (b)  consider any representations made to it in relation to the proposed
        suspension; and

   (c)  in the case of a domestic free television programme service or a
        domestic pay television programme service where subsection (2)(b) is
        applicable, conduct a public hearing in accordance with procedures for
        the hearing determined by the Broadcasting Authority.

(4) The suspension of a licence under subsection (1) shall not come into
force-

   (a)  subject to paragraph (b), until the expiration of the period during
        which an appeal under section 34 against the suspension may be made;
        or

   (b)  if an appeal under section 34 against the suspension is made, until
        the appeal is withdrawn, abandoned or determined.