Page:Broadcasting Ordinance (Cap. 562).pdf/14

BROADCASTING ORDINANCE :(a) perform its function under section 9(2), including the licensing criteria and other relevant matters it proposes to consider;
 * (b) perform its function under section 10(2), including the licensing criteria and other relevant matters it proposes to consider;
 * (c) perform its function in forming an opinion under section 13 or 14;
 * (d) perform its function under section 18(2), including the criteria it proposes to consider.

(3) The Broadcasting Authority shall, before issuing guidelines under subsection (2)(c), carry out such consultation with such bodies representative of licensees who may be affected by the guidelines as is reasonable in all the circumstances of the case. PART III 5. Offence of providing broadcasting service without licence

(1) A person shall not provide a broadcasting service except under and in accordance with a licence.

(2) A person who contravenes subsection (1) commits an offence and is liable—
 * (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 $1,000,000 and to imprisonment for 5 years.

6. Unauthorized decoders

(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.

(2) A person who contravenes subsection (1) commits an offence and is liable—
 * (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 $1,000,000 and to imprisonment for 5 years.

(3) Where it is proved that a person has, in the course of trade or business, imported, exported, manufactured, sold, offered for sale or let for hire 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.