Page:Broadcasting Ordinance (Cap. 562).pdf/62

BROADCASTING ORDINANCE (4) A person who, without reasonable excuse, fails to comply with section 22(2) commits an offence.

(5) A person who fails to comply with the requirements of a notice served on him under section 23 within the period specified in the notice for complying with it commits an offence.

(6) A person who fails to comply with the requirements of a notice served on him under section 24 within the period specified in the notice for complying with it commits an offence.

(7) 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 26(3)(b), or appoints a proxy to vote in respect of the share, commits an offence.

(8) A person who being the holder of a voting share which, to his knowledge, is for the time being subject to a restriction under section 26(3) or having a right to be issued with another voting share in the right of the first-mentioned share, or to receive any payment in respect of the first-mentioned share otherwise than in a liquidation, enters into an agreement which is void under section 26(4) or (5) commits an offence.

(9) A person who commits an offence under this section is liable on conviction to a fine of $1,000,000 and to imprisonment for 2 years.

32. Prosecution of offences and limitation on institution of proceedings

(1) Without affecting the powers of the Secretary for Justice in relation to the prosecution of criminal offences, prosecution for an offence under this Part may be instituted by the Broadcasting Authority.

(2) Notwithstanding section 26 of the Magistrates Ordinance (Cap. 227), any information or complaint relating to an offence under this Part may be tried if it is laid or made, as the case may be, at any time within 3 years beginning on the date of the commission of the offence or within 12 months beginning on the first discovery of the offence by the prosecutor, whichever period expires first. PART 4 33. Restrictions on licensees exercising control on disqualified person without Chief Executive in Council’s approval (1) A licensee shall not exercise control on a disqualified person—
 * (a) unless the Chief Executive in Council, on application in the specified form by a licensee, is satisfied that the public interest so requires and approves otherwise; and
 * (b) except in accordance with such conditions as are specified in the approval.

(2) In considering public interest for the purposes of subsection (1), account shall be taken of, but not limited to, the following matters—
 * (a) the effect on competition in the relevant service market;
 * (b) the extent to which viewers will be offered more diversified television programme choices;
 * (c) the impact on the development of the broadcasting industry; and
 * (d) the overall benefits to the economy.