Page:Broadcasting Ordinance (Cap. 562).pdf/30

BROADCASTING ORDINANCE :(b) is recorded in a form in which it can be extracted or retrieved by equipment operating automatically in response to instructions given for that purpose.

“relevant business” (有關業務) means business directly connected or associated with the provision of a television programme service.

(11) For the avoidance of doubt, it is hereby declared that the provisions of Part XII of the Interpretation and General Clauses Ordinance (Cap. 1) apply to this section.

26. Broadcasting Authority may obtain information

(1) If the Broadcasting Authority is satisfied that there are reasonable grounds for believing that a person, other than a licensee, is, or is likely to be, in possession of information or a document that is relevant to the Broadcasting Authority’s investigation of a breach or suspected breach of a licence condition, a requirement under this Ordinance, or a direction, order, or determination, under this Ordinance, the Broadcasting Authority may serve a notice in writing on the person—
 * (a) requesting the person to—
 * (i) give the information or document in writing to the Broadcasting Authority; or
 * (ii) produce the document to the Broadcasting Authority,
 * as the case requires, before a date (“the relevant date”) specified in the notice, being a date reasonable in all the circumstances of the case;
 * (b) stating that if the person is of the view that he cannot, or does not wish to, comply with the request, then he may make representations in writing to the Broadcasting Authority as to why he is of that view before the relevant date; and
 * (c) accompanied by a copy of this section in the Chinese and English languages.

(2) Where the Broadcasting Authority receives representations referred to in subsection (1)(b) from a person, the Broadcasting Authority shall—
 * (a) consider them; and
 * (b) serve a notice in writing on the person stating that the Broadcasting Authority has considered the representations and that—
 * (i) the notice under subsection (1) served on the person is withdrawn with effect from the date of service of the notice under this subsection; or