Page:Broadcasting Ordinance (Cap. 562).pdf/38

BROADCASTING ORDINANCE :(c) 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 in a Code of Practice which is applicable to it,
 * and the licensee has failed to comply with a direction under section 24(1) relating to that contravention;
 * (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.

(5) The Chief Executive in Council or the Broadcasting Authority shall not exercise a power under subsection (4) until after considering—
 * (a) in the case of the Chief Executive in Council, the recommendations of the Broadcasting Authority; and
 * (b) in the case of both the Chief Executive in Council and the Broadcasting Authority, such information, matter and advice as he or it thinks fit.

(6) The revocation by the Chief Executive in Council under subsection (4) of a licence shall take effect on the date the notice of the revocation is served on the licensee or on such later date as is specified in the notice.

(7) The revocation by the Broadcasting Authority under subsection (4) of a licence shall not take effect—
 * (a) subject to paragraph (b), until the expiration of the period during which an appeal under section 34 against the revocation may be made; or
 * (b) if an appeal under section 34 against the revocation is made, until the appeal is withdrawn, abandoned or determined.

33. Inquiry by Broadcasting Authority

(1) Where the Broadcasting Authority conducts an inquiry under section 32(1), it may consider information and matter received from any source.

(2) The following provisions shall apply in relation to an inquiry under section 32(1)—
 * (a) the Broadcasting Authority shall serve on the licensee a notice in writing stating—