【法规名称】
【法规编号】 44506 什么是编号？
【正 文】
第7页 CAP 562 BROADCASTING ORDINANCE
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[接上页] (d) in any other case, is concerned in the management of the employer's business. (Added 8 of 2004 s. 4)(4) The Telecommunications Authority may, by notice in the Gazette, declare a decoder, or a class of decoders, specified in the notice not to be a decoder, or a class of decoders, as the case may be, for the purposes of subsection (1). (5) In this section, "Television Receive Only System" (单一接收电视系统) means a system for receiving satellite television signals for use by a single specified premises and the received signals are not distributed to others. (6) For the avoidance of doubt, it is hereby declared that a notice under subsection (4) is subsidiary legislation. Cap 562 s 7A Provisions supplementary to sections 6 and 7 (1) Where the Telecommunications Authority or any public officer authorized in writing in that behalf by the Telecommunications Authority has reasonable grounds for believing that a person has committed or has attempted to commit an offence under section 6(1) or (1A) or 7(1), then he may— (a) require the person to produce for his inspection, at any place specified by him, any unauthorized decoder or decoder— (i) imported, exported, manufactured, sold, offered for sale or let for hire by the person in the course of trade or business; or (ii) possessed or used, or authorized to be possessed or used, for the purpose of, or in connection with, any trade or business;(b) arrest any person whom he reasonably suspects of being guilty of an offence under section 6(1) or (1A) or 7(1); (c) subject to subsection (3), enter and search any premises on which he reasonably believes that the person has committed or has attempted to commit an offence under section 6(1) or (1A) or 7(1), and require the production to him of any books or documents relating to any unauthorized decoder or decoder referred to in paragraph (a); (d) seize, remove and detain— (i) any unauthorized decoder or decoder referred to in paragraph (a); (ii) anything that appears to him to be or to be likely to be, or to contain, evidence of an offence under section 6(1) or (1A) or 7(1).(2) Where a public officer referred to in subsection (1) arrests a person under paragraph (b) of that subsection, the public officer shall, without delay, take him to a police station to be dealt with there in accordance with the Police Force Ordinance (Cap 232) or deliver him into the custody of a police officer for that purpose. (3) Domestic premises shall not be entered or searched under subsection (1)(c) except pursuant to a warrant issued under subsection (4). (4) Where a magistrate is satisfied by information on oath that there are reasonable grounds for suspecting that there is anything liable to seizure under subsection (1)(d) in any domestic premises possessed or used by a person whom he has reasonable grounds for believing has committed or has attempted to commit an offence under section 6(1) or (1A) or 7(1), then he may issue a warrant authorizing the Telecommunications Authority or any other public officer to enter and search the premises. (5) The Telecommunications Authority or any public officer authorized in writing in that behalf, in the exercise of the powers under subsection (1) or pursuant to a warrant issued under subsection (4), may— (a) break open any outer or inner door of any place that he is empowered or authorized to enter and search; (b) remove by force any person or thing obstructing him or resisting any arrest, detention, search, inspection, seizure or removal that he is empowered to make or carry out; (c) detain any person found in any place that he is empowered or authorized to search until such place has been searched.(6) A magistrate or court may, upon application by or on behalf of the Telecommunications Authority or by any public officer authorized in writing in that behalf by the Telecommunications Authority, order that any unauthorized decoder or decoder in respect of which there has been a contravention or attempted contravention of section 6(1) or (1A) or 7(1) shall be forfeited to the Government, whether or not proceedings have been taken against any person in respect of the contravention or attempted contravention. (7) Any person who wilfully obstructs the Telecommunications Authority or any public officer authorized in writing in that behalf by the Telecommunications Authority in the exercise of any power conferred upon him under this section shall be guilty of an offence and shall be liable on summary conviction to a fine at level 4 and to imprisonment for 6 months. (Added 8 of 2004 s. 5) Cap 562 s 7B Civil remedy (1) A licensee sustaining loss or damage from a breach of section 6(1) or (1A) may bring an action for damages, an injunction or other appropriate remedy, order or relief against the person who is in breach. (2) A licensee may bring an action under subsection (1) even though the person against whom the action is brought has not been charged with or convicted of an offence by reason of a contravention of section 6(1) or (1A). |
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