Page:Broadcasting Ordinance (Cap. 562).pdf/36

BROADCASTING ORDINANCE ::(ii) any financial penalty when it is due for payment—
 * (A) as specified by the Court of First Instance under section 28(4)(b); or
 * (B) under section 29(4); or
 * (b) 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 of a Code of Practice which is applicable to it;
 * (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.

(3) The Broadcasting Authority shall, before making a decision whether or not to suspend a licence under subsection (1)—
 * (a) serve on the licensee a notice in writing stating that—
 * (i) the Broadcasting Authority has under consideration the suspension of the licence and the grounds upon which and any other reason why such suspension is being considered;
 * (ii) representations as regards the proposed suspension may be made to the Broadcasting Authority during the period specified in the notice (being a period of not less than 28 days beginning on the date of service of the notice); and
 * (b) consider any representations made to it in relation to the proposed suspension; and
 * (c) in the case of a domestic free television programme service or a domestic pay television programme service where subsection (2)(b) is applicable, conduct a public hearing in accordance with procedures for the hearing determined by the Broadcasting Authority.

(4) The suspension of a licence under subsection (1) shall not come into force—
 * (a) subject to paragraph (b), until the expiration of the period during which an appeal under section 34 against the suspension may be made; or
 * (b) if an appeal under section 34 against the suspension is made, until the appeal is withdrawn, abandoned or determined.