Cap 562 s 6 Unauthorized decoders (Broadcasting Ordinance)

Contents of Section

Chapter:	562	Title:	Broadcasting Ordinance	Gazette Number:	E.R. 2 of 2012
Section:	6	Heading:	Unauthorized decoders	Version Date:	02/08/2012

(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

(b) if the employer shows that he took all practicable steps to prevent the commission of the offence. (Replaced 8 of 2004 s. 3)

(8) In proceedings for an offence under this section, it is a defence for the person charged to prove that he was acting in accordance with the instructions given to him by his employer in the course of his employment and he had no reasonable grounds to believe that the decoder was an unauthorized decoder. (Replaced 8 of 2004 s. 3)
(9) Subsection (8) does not apply in the case of an employee who-

(a) where the employer is a body corporate, is a director, manager, secretary or other similar officer of the body corporate or is a person purporting to act in any such capacity or, where the affairs of a body corporate are managed by its members, is a member with functions of management as if he were a director of the body corporate;

(b) where the employer is a partnership, is concerned in the management of the partnership;

(d) in any other case, is concerned in the management of the employer's business. (Replaced 8 of 2004 s. 3)