||Title:||Broadcasting Ordinance||Gazette Number:||E.R. 2 of 2012|
|Section:||25||Heading:||Investigation of licensee's business||Version Date:||02/08/2012|
(1) Where the Authority is satisfied that it is necessary for the proper performance of its functions under a prescribed Ordinance in order to ensure a licensee's compliance with a licence condition, a requirement under the Ordinance which is applicable to it, a direction, order, or determination, under the Ordinance which is applicable to it, or a provision in a Code of Practice which is applicable to it, it may authorize in writing any person to do all or any of the following at such times as are specified by it in the authorization- (Amended 17 of 2011 s. 28)
(a) require a licensee or a person whom such authorized person reasonably believes to be employed or engaged in connection with the relevant business of a person to whom this section applies to produce for examination any data, book, document or record which relates to such business and which is in the possession or under the control of the licensee or person, as the case may be;
(2) Where any information or matter relevant to an investigation under this section is recorded otherwise than in a readily legible or comprehensible form, the powers conferred by subsection (1) to require the production of any data, book, document or record shall include power to require the production or reproduction of the data, book, document or record of a relevant part of it in a readily legible and comprehensible form.
(b) examine and, if he thinks fit, to take copies of any data, book, document or record produced under paragraph (a) or any entry therein;
(c) remove the data, book, document or record referred to in paragraph (a) or the copies referred to in paragraph (b) for examination by him and the Authority; and (Amended 17 of 2011 s. 28)
(d) require a licensee or a person whom such authorized person reasonably believes to be employed or engaged in connection with the relevant business of a person to which this section applies to give the authorized person and the Authority any explanation or further particulars as specified by the authorized person in respect of any data, book, document or record produced under paragraph (a). (Amended 17 of 2011 s. 28)
(3) A magistrate may, if satisfied by information on oath laid by the chairperson or vice-chairperson of the Authority or by the Director-General of Communications- (Amended 17 of 2011 s. 28)
(a) that it is necessary for the proper performance of the functions of the Authority as referred to in subsection (1) that entry be obtained to any premises which the chairperson, vice-chairperson or the Director-General of Communications has reasonable grounds for believing is used or occupied by a person to whom this section applies for the purposes of keeping, storing or using any data, book, document or record which relates to the relevant business of the person to whom this section applies; and (Amended 17 of 2011 s. 28)
issue a warrant authorizing a person authorized under subsection (1) to enter such premises, and such person-
(b) that permission to enter such premises has been refused or that entry is likely to be refused,
(i) may exercise therein the powers specified in subsection (1); and
(4) A person who is an employee, director, principal officer or agent of a person to whom this section applies shall assist and shall not obstruct a person exercising a power under this section.
(ii) copy, seize, remove and detain any data, book, document or record therein or any copy thereof which the authorized person has reasonable grounds for believing will afford evidence likely to assist the Authority in the proper performance of its functions under this Ordinance. (Amended 17 of 2011 s. 28)
(5) Any data, book, document or record removed under this section may be retained for any period not exceeding 6 months beginning on the day of its removal or, where the data, book, document or record is required in connection with any criminal proceedings, for such longer period as may be necessary for the purposes of those proceedings.
(6) Where a person removes any data, book, document or record under this section, he shall, as soon as is practicable, give a receipt for it, and he shall permit any person who would be entitled to inspect it but for its removal to inspect the same at any reasonable time and to make copies of and take extracts from it; but any such permission shall be subject to such reasonable conditions as to security or otherwise as the Authority may impose. (Amended 17 of 2011 s. 28)
(7) Every person exercising any power under subsection (1) or (3) shall be furnished with a copy of his authorization and shall, upon request, produce for inspection, evidence of his identity and of his authorization.
(8) The powers conferred by subsections (1)(a) or (b) and (3) include a power-
(a) to require the person mentioned in subsection (1)(a) to extract or retrieve, or cause to be extracted or retrieved, in a visual or printed or other written form or on a computer disc, or in both, any information referred to in subsection (10) and specified by the person exercising the power, and if when extracted or retrieved the information is in a printed or other written form, to require the person so described to deliver it to the person exercising the power;
(9) This section applies to a person who is a licensee or its associate.
(b) to extract or retrieve himself, in either of or both such forms, by means of the equipment normally used for that purpose, any information so referred to; and
(c) to examine any information so extracted or retrieved and if thought fit to remove it.
(10) In this section-
data, book, document or record (數據、簿冊、文件或紀錄) includes any information which-
(a) relates to a relevant business; and
relevant business (有關業務) means business directly connected or associated with the provision of a television programme service.
(b) is recorded in a form in which it can be extracted or retrieved by equipment operating automatically in response to instructions given for that purpose.
(11) For the avoidance of doubt, it is hereby declared that the provisions of Part XII of the Interpretation and General Clauses Ordinance (Cap 1) apply to this section.