Telecommunications Ordinance
Part 6
6-44
Section 36D
Cap. 106
(6) The imposition of a financial penalty under this section, in
relation to a licence, shall not be construed as affecting the
application of section 34(4).
(7) The Authority shall, before imposing a sanction under this
section on a licensee or person concerned, afford the licensee
or person concerned, as the case may be, a reasonable
opportunity to make representations and shall consider all
representations made before the Authority decides whether or
not to impose such sanction. (Added 36 of 2000 s. 23)
(Added 38 of 1993 s. 7)
36D.
Authority may obtain information
(1) If the Authority is satisfied that there are reasonable grounds
for believing that a person, other than a licensee, is, or is
likely to be, in possession of information or a document
that is relevant to the Authority’s investigation of a breach
or suspected breach of a provision of this Ordinance, or of
a determination or direction of the Authority or of a licence
condition, the Authority may serve a notice in writing on the
person—
(a) requesting the person to—
(i) give the information or document in writing to the
Authority; or
(ii) produce the document to the Authority,
as the case requires, before a date (the relevant date)
specified in the notice, being a date reasonable in all the
circumstances of the case;
(b) stating that if the person is of the view that he cannot, or
does not wish to, comply with the request, then he may
make representations in writing to the Authority as to
why he is of that view before the relevant date; and
Last updated date
14.12.2015
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