Hong Kong Ordinances

BROADCASTING ORDINANCE - SECT 32

Revocation of licence

(1) Where the Broadcasting Authority considers that there may be cause for the
Chief Executive in Council or it, as the case may require, to revoke a licence
under subsection (4), it shall conduct an inquiry in accordance with
section 33 and, if the licence was granted by the Chief Executive in Council,
submit recommendations to the Chief Executive in Council concerning the
revocation.

(2) The Broadcasting Authority may as part of its inquiry, and shall where its
inquiry concerns the provisions of subsection (4)(c), conduct a public hearing
in accordance with procedures for the hearing determined by the
Broadcasting Authority.

(3) Without prejudice to the generality of procedures which the
Broadcasting Authority may determine under subsection (2), it-

   (a)  may, notwithstanding section 27, divulge any data, book, document or
        record it has received in the course of the public hearing to any
        person it considers appropriate on terms of confidentiality or
        otherwise or treat the same as confidential; and

   (b)  shall publish in such manner as it considers fit a report of the
        public hearing and, if the licence was granted by the Chief Executive
        in Council, together with its recommendations to the Chief Executive
        in Council.

(4) After section 33 has been complied with but subject to subsection (5), the
Chief Executive in Council or the Broadcasting  Authority, as the case may
require, may, by notice in writing served on the licensee, revoke a licence-

   (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 60 days beginning on the
               date the payment is due; or

        (ii)   any financial penalty within 60 days beginning on the date the
               payment is due- (A) as specified by the Court of First Instance
               under section  28 (4)(b); or (B) under section 29(4);

   (b)  if the licensee-

        (i)    goes into compulsory liquidation or into voluntary liquidation
               other than for the purposes of amalgamation or reconstruction;
               or

        (ii)   enters into a composition or arrangement with its creditors; or

   (c)  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 in a
               Code of Practice which is applicable to it, and the licensee
               has failed to comply with a direction under section 24(1)
               relating to that contravention;

        (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.

(5) The Chief Executive in Council or the Broadcasting Authority shall not
exercise a power under subsection (4) until after considering-

   (a)  in the case of the Chief Executive in Council, the recommendations of
        the Broadcasting Authority; and

   (b)  in the case of both the Chief Executive in Council and the
        Broadcasting Authority, such information, matter and advice as he or
        it thinks fit.

(6) The revocation by the Chief Executive in Council under subsection (4) of a
licence shall take effect on the date the notice of the revocation is served
on the licensee or on such later date as is specified in the notice.

(7) The revocation by the Broadcasting Authority under subsection

(4) of a licence shall not take effect-

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

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