Telecommunications Ordinance Part 6 6-42 Section 36C Cap. 106 (ii) if the breach comes to the notice of the Authority within 3 years of its commission, within 3 years of it so coming to the notice of the Authority, whichever is the later, make an application to the Court of First Instance; and (b) upon such application, the Court of First Instance may, without prejudice to any powers conferred on the Authority by any provision of this Ordinance or any regulation made thereunder or any licence condition, impose upon the licensee who has committed the breach a financial penalty of a sum not exceeding 10% of the turnover of the licensee in the relevant telecommunications market in the period of the breach, or $10,000,000, whichever is the higher. (Added 36 of 2000 s. 23) (4) The Authority shall not impose a financial penalty under this section unless, in all the circumstances of the case, the financial penalty is proportionate and reasonable in relation to the failure or series of failures concerned giving rise to that penalty. (Replaced 36 of 2000 s. 23) (5) Subsection (1), (2) or (3A) shall not apply in the case of the licensee or person concerned unless the Authority is satisfied that the licensee or person, as the case may be, has been afforded a reasonable opportunity of complying with the requirement of any licence condition, provision of this Ordinance or regulation made thereunder, or direction, in respect of which that subsection is sought to be applied. (Replaced 36 of 2000 s. 23) (5A) A financial penalty imposed under this section shall be recoverable as a civil debt due and payable to the Government. (Added 36 of 2000 s. 23) Last updated date 14.12.2015