Hong Kong Ordinances

BROADCASTING ORDINANCE - SECT 6

Unauthorized decoders

(Past version on 07/07/2000).

(1) A person shall not, in the course of trade or business, import, export,
manufacture, sell, offer for sale or let for hire an unauthorized  decoder.

(1A) A person shall not, without lawful authority or reasonable excuse, for
the purpose of, or in connection with, any trade or business, possess or use,
or authorize another person to possess or use an unauthorized  decoder. (Added
8 of 2004 s. 3)

(2) A person who contravenes subsection (1) or (1A) commits an offence and is
liable- (Amended 8 of 2004 s. 3)

   (a)  on summary conviction, to a fine at level 6 and to imprisonment for 2
        years;

   (b)  on conviction on indictment, to a fine of $1000000 and to imprisonment
        for 5 years.

(3) Where it is proved that a person has-

   (a)  in the course of trade or business, imported, exported, manufactured,
        sold, offered for sale or let for hire an unauthorized  decoder; or

   (b)  for the purpose of, or in connection with, any trade or business,
        possessed or used, or authorized another person to possess or use an
        unauthorized decoder, then, unless there is evidence to the contrary,
        it shall be presumed that the person knew that the decoder was an
        unauthorized decoder. (Replaced 8 of 2004 s. 3)

(4) For the purposes of this section, where a company, other body corporate or
a partnership has done any act referred to in subsection (1) or (1A), any
person who was a director of the company or body corporate, or a partner of
the partnership at the time when the act was done shall, unless there is
evidence to the contrary that he did not authorize the act to be done, be
presumed also to have done the act. (Replaced 8 of 2004 s. 3)

(5) In proceedings under this section, it is presumed that, unless there is
evidence to the contrary, unauthorized decoders on premises are in the
possession of the licensee, tenant, lessee, occupier, person in charge and
owner of the premises. (Replaced 8 of 2004 s. 3)

(6) Where an offence against subsection (1) or (1A) is committed by an
employee in the course of his employment, the employer of such employee shall,
without prejudice to the liability of any other person, also be guilty of that
offence but shall not be liable to any term of imprisonment. (Replaced 8 of
2004 s. 3)

(7) Where a prosecution is brought against the employer referred to in
subsection (6) by virtue of this section in respect of an offence committed by
his employee, it shall be a defence-

   (a)  if the employer shows that he exercised such control over his employee
        as would ensure that his employee was not likely to act in
        contravention of subsection (1) or (1A); or

   (b)  if the employer shows that he took all practicable steps to prevent
        the commission of the offence. (Replaced 8 of 2004 s. 3)

(8) In proceedings for an offence under this section, it is a defence for the
person charged to prove that he was acting in accordance with the instructions
given to him by his employer in the course of his employment and he had no
reasonable grounds to believe that the decoder was an unauthorized decoder.
(Replaced 8 of 2004 s. 3)

(9) Subsection (8) does not apply in the case of an employee who-

   (a)  where the employer is a body corporate, is a director, manager,
        secretary or other similar officer of the body corporate or is a
        person purporting to act in any such capacity or, where the affairs of
        a body corporate are managed by its members, is a member with
        functions of management as if he were a director of the body
        corporate;

   (b)  where the employer is a partnership, is concerned in the management of
        the partnership;

   (c)  where the employer is a sole proprietorship, is concerned in the
        management of the proprietorship; or

   (d)  in any other case, is concerned in the management of the employer's
        business. (Replaced 8 of 2004 s. 3)