Page:Broadcasting Ordinance (Cap. 562).pdf/54

BROADCASTING ORDINANCE (2) Where a corporation is required to give information under section 9 or 10, the corporation may take advantage of the benefit conferred by section 128(3) or 129(3) of the Companies Ordinance (Cap. 32), but where as a consequence of taking such advantage, any information is not given by the corporation, the fact of such omission shall be disclosed by the corporation.

(3) Subject to subsection (4), nothing in this Part shall be construed as requiring the disclosure of information by an authorized institution within the meaning of the Banking Ordinance (Cap. 155), or by a nominee of any such institution, acting as a banker or financial adviser in relation to the affairs of any of its customers.

(4) Subsection (3) shall not apply to the disclosure of the name and address of a voting controller by an authorized institution, or the nominee of such an institution, mentioned in that subsection.

(5) Subject to subsection (6), any information designated as confidential which is received by a licensee or the Broadcasting Authority under this Part shall be treated as confidential.

(6) Subsection (5) shall not be construed as prohibiting the disclosure of information—
 * (a) with a view to the institution of or otherwise for the purpose of any criminal proceedings or any investigation in that connection, whether under this Ordinance or otherwise, in Hong Kong;
 * (b) by the licensee—
 * (i) to the Broadcasting Authority;
 * (ii) to the Secretary for Information Technology and Broadcasting; or
 * (iii) in connection with civil proceedings to which the licensee is a party.

16. Directions of Broadcasting Authority

(1) The Broadcasting Authority may issue directions for the purposes of this Part.

(2) Without prejudice to the generality of subsection (1), the Broadcasting Authority may under that subsection—
 * (a) specify the manner in which any document to be used for the purposes of this Part is to be distributed by a licensee, completed and executed by or on behalf of a person to whom the document is distributed and returned to the licensee, and assessed, processed, recorded or reported on by the licensee to the Broadcasting Authority;
 * (b) specify the manner in which any document to be used for the purposes of this Part is to be distributed by the licensee and returned to the licensee by or on behalf of a person to whom the document is distributed;
 * (c) where a period is not specified for the doing of anything in respect of which the Broadcasting Authority may issue directions under this Part, specify a period; and
 * (d) impose any duty or obligation on the licensee for the purpose of securing, or assisting the securing of, compliance by the licensee with this Part.

17. Offences

(1) A person who, in purported compliance with any duty or requirement to give information under this Part, gives, orally or in writing, information which is false in any material particular and which he knows or ought reasonably to have known was false in a material particular, commits an offence.

(2) A voting controller who fails to comply with the requirements of a notice served on the controller under section 8(1) within the period specified in the notice for complying with it commits an offence.

(3) A person who fails to comply with the requirements of a notice served on him under section 9(1) within the period specified in the notice for complying with it commits an offence.

(4) A person who fails to comply with the requirements of a notice served on him under section 10(2) within the period specified in the notice for complying with it commits an offence.

(5) A person who votes on a poll at a general meeting of a licensee, whether in person or by proxy, in respect of a voting share which, to his knowledge, is for the time being subject to a restriction under section 12(3)(b), or appoints a proxy to vote in respect of the share, commits an offence.