Bill suggests radio practice violators subject to both administrative and criminal charges

A parliamentary committee yesterday recommended the inclusion of a separate article in a bill about the bilateral prosecution of radio practice violators for clarity.

The Third Standing Committee concluded its first round of discussions on the bill in a recent meeting. Committee president Vong Hin Fai told a post-meeting press briefing that the committee intends to deliver a list of questions to the government for further input and action.

The bill includes articles governing administrative violations and the applicable punishments. However, Vong emphasized the need to clarify that a violator could be separately subject to criminal prosecutions alongside the administrative charges.

As such, the committee suggested the government add an article to facilitate bilateral prosecution so as to clarify the issue for law-enforcement officers, nothing that the availability of an administrative penalty did not rule out the possibility of criminal charges as well.

On the other hand, the bill also proposes that if a violator does not voluntarily pay the fine for equipment under custody, the equipment will be transferred to the entity that is legally permitted to compulsorily collect of such funds.

Nonetheless, this proposal differs from the current practice and stipulations in effect, so the committee sought clarification on how this proposal aligns with the provisions in the Code of Taxation.

The government did not include proposals in the bill governing digital notifications to licensed equipment owners. The committee recommended that the government add articles on e-governance to the bill.

The committee also suggested the government reconsider the current tariffs and fines, as the applicable provisions were passed in 1997.

Further provisions restricting the scope of duty and authority of future inspectors are also among the suggestions from the committee.