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
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