【法规名称】
【法规编号】 44506 什么是编号？
【正 文】
第5页 CAP 562 BROADCASTING ORDINANCE
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[接上页] (a) such bodies representative of licensees to which the code or the code as so revised, as the case may be, will apply (whether in whole or in part); and (b) in so far as the code or the code as so revised, as the case may be, relates to the technical standards of a broadcasting service, the Telecommunications Authority,as it thinks fit. (9) For the avoidance of doubt, it is hereby declared that different codes of practice may be approved under subsection (1) for different classes of licensees, and may be so approved for the same or different requirements mentioned in that subsection or licence conditions. Cap 562 s 4 Guidelines (1) The Broadcasting Authority may from time to time cause to be prepared and published by notice in the Gazette, for the guidance of licensees or companies seeking to be licensees, guidelines not inconsistent with this Ordinance- (a) indicating the manner in which the Broadcasting Authority proposes to perform functions conferred by this Ordinance upon the Broadcasting Authority; (b) on such other matters relevant to this Ordinance as the Broadcasting Authority thinks fit.(2) Without prejudice to the generality of subsection (1), the Broadcasting Authority shall, as soon as is practicable, issue guidelines indicating the manner in which it proposes to- (a) perform its function under section 9(2), including the licensing criteria and other relevant matters it proposes to consider; (b) perform its function under section 10(2), including the licensing criteria and other relevant matters it proposes to consider; (c) perform its function in forming an opinion under section 13 or 14; (d) perform its function under section 18(2), including the criteria it proposes to consider.(3) The Broadcasting Authority shall, before issuing guidelines under subsection (2)(c), carry out such consultation with such bodies representative of licensees who may be affected by the guidelines as is reasonable in all the circumstances of the case. Cap 562 s 5 Offence of providing broadcasting service without licence PART III REGULATION OF BROADCASTING SERVICES (1) A person shall not provide a broadcasting service except under and in accordance with a licence. (2) A person who contravenes subsection (1) commits an offence and is liable- (a) on summary conviction, to a fine at level 6 and to imprisonment for 2 years; (b) on conviction on indictment, to a fine of $1000000 and to imprisonment for 5 years. Cap 562 s 6 Unauthorized decoders (1) A person shall not, in the course of trade or business, import, export, manufacture, sell, offer for sale or let for hire an unauthorized decoder. (1A) A person shall not, without lawful authority or reasonable excuse, for the purpose of, or in connection with, any trade or business, possess or use, or authorize another person to possess or use an unauthorized decoder. (Added 8 of 2004 s. 3) (2) A person who contravenes subsection (1) or (1A) commits an offence and is liable- (Amended 8 of 2004 s. 3) (a) on summary conviction, to a fine at level 6 and to imprisonment for 2 years; (b) on conviction on indictment, to a fine of $1000000 and to imprisonment for 5 years.(3) Where it is proved that a person has- (a) in the course of trade or business, imported, exported, manufactured, sold, offered for sale or let for hire an unauthorized decoder; or (b) for the purpose of, or in connection with, any trade or business, possessed or used, or authorized another person to possess or use an unauthorized decoder,then, unless there is evidence to the contrary, it shall be presumed that the person knew that the decoder was an unauthorized decoder. (Replaced 8 of 2004 s. 3) (4) For the purposes of this section, where a company, other body corporate or a partnership has done any act referred to in subsection (1) or (1A), any person who was a director of the company or body corporate, or a partner of the partnership at the time when the act was done shall, unless there is evidence to the contrary that he did not authorize the act to be done, be presumed also to have done the act. (Replaced 8 of 2004 s. 3) (5) In proceedings under this section, it is presumed that, unless there is evidence to the contrary, unauthorized decoders on premises are in the possession of the licensee, tenant, lessee, occupier, person in charge and owner of the premises. (Replaced 8 of 2004 s. 3) (6) Where an offence against subsection (1) or (1A) is committed by an employee in the course of his employment, the employer of such employee shall, without prejudice to the liability of any other person, also be guilty of that offence but shall not be liable to any term of imprisonment. (Replaced 8 of 2004 s. 3) (7) Where a prosecution is brought against the employer referred to in subsection (6) by virtue of this section in respect of an offence committed by his employee, it shall be a defence- (a) if the employer shows that he exercised such control over his employee as would ensure that his employee was not likely to act in contravention of subsection (1) or (1A); or |
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