Hong Kong Ordinances

BROADCASTING AUTHORITY ORDINANCE - SECT 21

Inquiry by Authority

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 55 of 1999 s. 3

(1) Where he considers that there may be cause for revoking a licence the
Chief Executive in Council may direct the Authority to conduct an inquiry for
the purpose of making recommendations concerning the revocation of the licence
specified in the direction. (Amended 55 of 1999 s. 3)

(2) In conducting an inquiry under this section the Authority may consider
information and matter received from any source.

(3) The following provisions shall apply in relation to the making of
recommendations by the Authority under this section-

   (a)  the Authority shall not recommend the revocation of a licence unless-

        (i)    it has given to the licensee concerned notice in writing
               stating that the Authority is considering the making of such a
               recommendation and the grounds upon which such a recommendation
               is being considered; and

        (ii)   it has given the licensee concerned the opportunity of making
               representations or objections concerning the recommendation
               under consideration; and

   (b)  the Authority shall consider any representation or objection made to
        it by the licensee concerning the recommendation under consideration
        and such further information or matter as it may consider necessary
        having regard to such representations or objections.

(4) The notice referred to in subsection (3) shall, in addition to stating the
matters required by that subsection, state that representations and objections
concerning the recommendation under consideration may be made to the Authority
(either orally or in writing or both) during such period (being a period of
not less than 28 days beginning on the date of receipt by the licensee of the
notice) as shall be specified in the notice.

(5) The Authority shall thereafter make recommendations to the Chief Executive
in Council. (Amended 55 of 1999 s. 3) (Added 52 of 1989 s. 8)