TELEVISION ORDINANCE - CHAPTER 52 TELEVISION ORDINANCE - LONG TITLE Long title (Repealed 48 of 2000 s. 44) VerDate:07/07/2000 TELEVISION ORDINANCE - LONG TITLE Long title VerDate:30/06/1997 To make provision for the licensing of companies to broadcast commercial television and subscription television and programme services and for purposes connected therewith. (Replaced 22 of 1993 s. 2. Amended 21 of 1997 s. 2) [6 November 1964] (Originally 32 of 1964) TELEVISION ORDINANCE - SECT 1 (Repealed 48 of 2000 s. 44) VerDate:07/07/2000 TELEVISION ORDINANCE - SECT 1 Short title VerDate:30/06/1997 PART I PRELIMINARY This Ordinance may be cited as the Television Ordinance. TELEVISION ORDINANCE - SECT 2 (Repealed 48 of 2000 s. 44) VerDate:07/07/2000 TELEVISION ORDINANCE - SECT 2 Interpretation VerDate:16/06/2000 (1) In this Ordinance, unless the context otherwise requires- "application" (申請) means an application for a licence made under section 7; "associate" (相聯者) means- (a) in relation to a voting controller holding voting control, the same as in section 17G(4) and (5); (b) in relation to a disqualified person, the same as it does in relation to a voting controller holding voting control, mutatis mutandis; (c) in relation to a licensee, the same as it does in relation to a voting controller holding voting control being a corporation, mutatis mutandis; (d) in relation to a person who exercises control of a licensee, the same as it does in relation to a voting controller holding voting control, mutatis mutandis, and the definitions of "associated corporation"(相聯法團), "influence"(影響、影響力) , "principal officer" (主要高級人員) and "relative" (親屬) in section 17G(5) shall be construed accordingly; (Added 22 of 1993 s. 3) "broadcasting" (廣播) means- (a) in relation to commercial television broadcasting, the transmission by terrestrial radiocommunications of television programmes that are readily accessible to, and are made available free of charge to, the general public but does not include any immediate re-transmission or relay, without variation or alteration of contents, of broadcasting services licensed under this Ordinance; (b) in relation to subscription television broadcasting, the transmission by terrestrial telecommunications of television programmes that are made available to 2 or more residential or commercial premises simultaneously or the general public on payment of a subscription (whether periodical or otherwise), but does not include any transmission that is specified in Schedule 1; or (Amended 21 of 1997 s. 3) (c) in relation to a programme service, the provision of a service that includes television programmes for transmission by terrestrial telecommunications on a point-to-point basis within Hong Kong, is available to 2 or more residential premises or to the general public and is made available on payment of a subscription (whether periodical or otherwise) and is provided only in response to a specific request, but does not include a service specified in Schedule 1A, (Added 21 of 1997 s. 3) and "broadcast" (廣播) shall be construed accordingly; (Replaced 22 of 1993 s. 3. Amended 36 of 2000 s. 28) "Broadcasting Authority" (廣播事務管理局) means the Broadcasting Authority established by section 3 of the Broadcasting Authority Ordinance (Cap 391); (Added 49 of 1987 s. 17) "Code of Practice" (業務守則) means a Code of Practice issued by the Broadcasting Authority under section 20 or 28; (Amended 49 of 1987 s. 17) "commercial television broadcasting licence" (商營電視廣播牌照), in relation to commercial television broadcasting, means a licence to broadcast granted to a company under section 8; (Added 22 of 1993 s. 3) "commercial television broadcasting licensee" (商營電視廣播持牌人) means the holder of a commercial television broadcasting licence, and includes a company holding such a licence at the time of applying for the licence; (Added 22 of 1993 s. 3) "corporation" (法團) means a company or other body corporate; (Added 102 of 1991 s. 2) "disqualified person" (喪失資格的人) means- (a) an advertising agent; (b) a company which supplies material for broadcasting by a licensee; (c) a company- (i) which is a licensee; or (ii) which transmits sound or television material, whether within or without Hong Kong; (Amended 21 of 1997 s. 3) (iii) which is the sole or dominant supplier of a public switched telephone service by wire to residential premises in Hong Kong; or (Added 22 of 1993 s. 3. Amended 21 of 1997 s. 3) (iv) which is a publisher of a newspaper published in Hong Kong; (Added 21 of 1997 s. 3) (d) a person who exercises control of a company specified in paragraph (b) or (c); or (Added 7 of 1973 s. 2) (e) an associate of any category of disqualified person specified in paragraphs (a) to (d): Provided that a company specified in- (i) paragraph (c)(iii) or a person or an associate specified by reference thereto in paragraphs (d) and (e) shall be a disqualified person only in relation to the subscription television broadcasting licensee which operates the subscription television network established by the holder of the initial licence referred to in section 8B(1) or the replacement licence referred to in section 8B(2); (ii) paragraph (c)(iv) or a person or an associate specified by reference thereto in paragraphs (d) and (e) shall not be a disqualified person in relation to a licensee if it or he, as the case may be- (A) was exercising control of the company that is the licensee as at 21 March 1996 ("the relevant date"); and (B) does not subsequent to the relevant date increase the control it or he exercised on that date (whether in relation to the percentage of voting shares or holding office) or cease to exercise control other than by the substitution or alternation of one person holding office by another; (Replaced 21 of 1997 s. 3) "exercise control of a company" (對任何公司作出控制) means- (a) to hold office in that company; or (b) to be the beneficial owner of more than 15% of the voting shares of that company ; or (c) to be a voting controller of more than 15% of the voting shares in that company, and "exercise control of a licensee" (對持牌人作出控制) shall be construed accordingly: (Added 22 of 1993 s. 3) Provided that a person shall not be a disqualified person in relation to a company which is a licensee by reason only that he holds office in, or holds or controls more than 15% of the voting shares in, that company; (Replaced 22 of 1993 s. 3) "licence" (牌照) means- (a) a commercial television broadcasting licence granted under section 8, subject to the restrictions imposed under section 8A; (Amended 21 of 1997 s. 3) (b) a subscription television broadcasting licence granted under section 8, subject to the restrictions imposed under section 8B; or (Replaced 22 of 1993 s. 3. Amended 21 of 1997 s. 3) (c) a programme service licence granted under section 8; (Added 21 of 1997 s. 3) "licensee" (持牌人) means a company granted a licence and includes such company when making application for the licence; "licensee's register" (持牌人的登記冊) means the register which a licensee is required to keep by virtue of section 95 of the Companies Ordinance (Cap 32); (Replaced 102 of 1991 s. 2) "material" (材料) includes pictures, words, music and other sounds whether produced, spoken or made at the time or recorded in any manner; "newspaper" (報刊) means a paper or other publication or a supplement thereto available to the public which- (a) contains news, intelligence, occurrences or any remarks, observations or comments in relation to such news, intelligence or occurrences or to any other matter of public interest; and (b) is published for sale or free distribution and either periodically (whether half-yearly, quarterly, monthly, fortnightly, weekly, daily or otherwise), or in parts or numbers at intervals not exceeding 6 months; and (c) does not comprise exclusively any item or items specified in Schedule 1B; (Added 21 of 1997 s. 3) "ordinarily resident in Hong Kong" (通常居於香港) includes- (a) in the case of a person- (i) residence in Hong Kong for not less than 180 days in any calendar year; or (ii) residence in Hong Kong for not less than 300 days in any 2 consecutive calendar years; and (b) in the case of a company, a company- (i) which is formed and registered in Hong Kong under the Companies Ordinance (Cap 32); (ii) of which the directors participating actively in the direction of the company- (A) in case there are 2 such directors, each shall be; or (B) in case there are more than 2 such directors, the majority thereof shall each be, for the time being ordinarily resident in Hong Kong and also have been so resident for at least one continuous period of not less than 7 years; and (Replaced 72 of 1988 s. 2) (iii) the control and management of which is bona fide exercised in Hong Kong; (Added 7 of 1973 s. 2) "performance bond" (履約保證) means a first demand performance bond or bank guarantee in such form and in such sum as shall be determined by the Chief Executive in Council issued by a bank within the meaning of section 2 of the Banking Ordinance (Cap 155) in favour of the Government to secure the compliance by a licensee with any condition contained in its licence; (Added 22 of 1993 s. 3. Amended 49 of 1995 s. 53; 55 of 1999 s. 3) "principal officer" (主要高級人員) has the same meaning as in section 17G(5); (Added 22 of 1993 s. 3) "programme service licence" (節目服務牌照) means a licence granted under section 8 for the provision of a programme service; (Added 21 of 1997 s. 3) "programme service licensee" (節目服務持牌人) means the holder of a programme service licence, and includes a company holding such a licence at the time of applying for the licence; (Added 21 of 1997 s. 3) "radiocommunications" (無線電通訊) means communication by radio waves; (Added 22 of 1993 s. 3. Amended 36 of 2000 s. 28) "royalty" (專營權費) means advertising royalty payable under section 41 and subscription royalty payable under section 41A; (Added 22 of 1993 s. 3) "subscription" (訂費) means a fee payable by or on behalf of any person for the right to view television programmes in Hong Kong; (Added 22 of 1993 s. 3) "subscription television broadcasting licence" (收費電視廣播牌照), in relation to subscription television broadcasting, means a licence granted under section 8; (Added 22 of 1993 s. 3) "subscription television broadcasting licensee" (收費電視廣播持牌人) means the holder of a subscription television broadcasting licence, and includes a company holding such a licence at the time of applying for the licence; (Added 22 of 1993 s. 3) "subscription television network" (收費電視網絡), in relation to the provision of a subscription television broadcasting service, means a public telecommunications network operated by a subscription television broadcasting licensee in accordance with a subscription television broadcasting licence or by some other person who is authorized or required to operate any part thereof, directly or indirectly, by a subscription television broadcasting licensee; (Added 22 of 1993 s. 3. Amended 36 of 2000 s. 28) "subsidiary company" (附屬公司) means any company which, pursuant to section 2 of the Companies Ordinance (Cap 32), is, for the purposes of that Ordinance, deemed to be a subsidiary of another company; (Added 72 of 1988 s. 2) "telecommunications" (電訊), "telecommunications installation" (電訊裝置) and "telecommunications service" (電訊服務) have the same meaning as in section 2 of the Telecommunications Ordinance (Cap 106); (Added 22 of 1993 s. 3. Amended 36 of 2000 s. 28) "Telecommunications Authority" (電訊管理局局長) means the Telecommunications Authority for the purposes of the Telecommunications Ordinance (Cap 106); (Amended 36 of 2000 s. 28) "television programme" (電視節目) means a programme which consists wholly or mainly of moving visual representational images (that is, images comprised within sequences of visual images capable of being seen as moving images) but does not include any material specified in Schedule 1C; (Replaced 21 of 1997 s. 3) "voting control" (表決權控制) and "voting controller" (表權控權人) have the same meaning as in section 17A(1); (Added 22 of 1993 s. 3) "voting shares" (有表決權股份) means shares in the company which entitle the registered owner thereof to vote at meetings of shareholders of the company. (2) For the purposes of this Ordinance a body corporate (other than a company within the meaning of the Companies Ordinance (Cap 32)) established or incorporated by Ordinance shall be regarded as being a company ordinarily resident in Hong Kong if (but only if) for the time being- (a) the person participating actively in the direction or management of the body, or in case there are 2 such persons, each of those persons, or in case there are more than 2 such persons, each of a majority of those persons, satisfies the requirements as to residence in section 17A(1)(a)(i); and (Amended 102 of 1991 s. 2) (b) such direction and management is bona fide exercised in Hong Kong. (Added 72 of 1988 s. 2) (3) When 2 or more persons have a joint interest, then for the purposes of this Ordinance each of those persons shall be regarded as having the entire of the interest to the exclusion of any other person. (Added 72 of 1988 s. 2) (4) For the purposes of this Ordinance- (a) transmission on a point-to-point basis means that each transmission (of which there may be more than one at the same time, but independent of and separate from one another) is between one point and only one other point; (b) transmission within Hong Kong means that the transmission must originate and end in Hong Kong; (c) a television programme does not cease to be so merely because it is an interactive programme, that is, a programme which is designed so that the viewer can participate in or influence its contents and method of presentation (if it is otherwise a television programme). (Added 21 of 1997 s. 3) (Amended 49 of 1987 s. 17) "application" (申請) "associate" (相聯者) "associated corporation"(相聯法團), "influence"(影響、影響力), "principal officer" (主要高級人員) and "relative" (親屬) "broadcasting" (廣播) and "broadcast" (廣播) "Broadcasting Authority" (廣播事務管理局) "Code of Practice" (業務守則) "commercial television broadcasting licence" (商營電視廣播牌照) "commercial television broadcasting licensee" (商營電視廣播持牌人) "corporation" (法團) "disqualified person" (喪失資格的人) "exercise control of a company" (對任何公司作出控制) and "exercise control of a licensee" (對持牌人作出控制) "licence" (牌照) "licensee" (持牌人) "licensee's register" (持牌人的登記冊) "material" (材料) "newspaper" (報刊) "ordinarily resident in Hong Kong" (通常居於香港) "performance bond" (履約保證) "principal officer" (主要高級人員) "programme service licence" (節目服務牌照) "programme service licensee" (節目服務持牌人) "radiocommunications" (無線電通訊) "royalty" (專營權費) "subscription" (訂費) "subscription television broadcasting licence" (收費電視廣播牌照) "subscription television broadcasting licensee" (收費電視廣播持牌人) "subscription television network" (收費電視網絡) "subsidiary company" (附屬公司) "telecommunications" (電訊), "telecommunications installation" (電訊裝置) "telecommunications service" (電訊服務) "Telecommunications Authority" (電訊管理局局長) "television programme" (電視節目) "voting control" (表決權控制) and "voting controller" (表權控權人) "voting shares" (有表決權股份) TELEVISION ORDINANCE - SECT 2 Interpretation VerDate:01/07/1997 Adaptation amendments retroactively made - see 55 of 1999 s. 3 (1) In this Ordinance, unless the context otherwise requires- "application" (申請) means an application for a licence made under section 7; "associate" (相聯者) means- (a) in relation to a voting controller holding voting control, the same as in section 17G(4) and (5); (b) in relation to a disqualified person, the same as it does in relation to a voting controller holding voting control, mutatis mutandis; (c) in relation to a licensee, the same as it does in relation to a voting controller holding voting control being a corporation, mutatis mutandis; (d) in relation to a person who exercises control of a licensee, the same as it does in relation to a voting controller holding voting control, mutatis mutandis, and the definitions of "associated corporation"(相聯法團), "influence"(影響、影響力) , "principal officer" (主要高級人員) and "relative" (親屬) in section 17G(5) shall be construed accordingly; (Added 22 of 1993 s. 3) "broadcasting" (廣播) means- (a) in relation to commercial television broadcasting, the transmission by terrestrial radiocommunication of television programmes that are readily accessible to, and are made available free of charge to, the general public but does not include any immediate re-transmission or relay, without variation or alteration of contents, of broadcasting services licensed under this Ordinance; (b) in relation to subscription television broadcasting, the transmission by terrestrial telecommunication of television programmes that are made available to 2 or more residential or commercial premises simultaneously or the general public on payment of a subscription (whether periodical or otherwise), but does not include any transmission that is specified in Schedule 1; or (Amended 21 of 1997 s. 3) (c) in relation to a programme service, the provision of a service that includes television programmes for transmission by terrestrial telecommunication on a point-to-point basis within Hong Kong, is available to 2 or more residential premises or to the general public and is made available on payment of a subscription (whether periodical or otherwise) and is provided only in response to a specific request, but does not include a service specified in Schedule 1A, (Added 21 of 1997 s. 3) and "broadcast" (廣播) shall be construed accordingly; (Replaced 22 of 1993 s. 3) "Broadcasting Authority" (廣播事務管理局) means the Broadcasting Authority established by section 3 of the Broadcasting Authority Ordinance (Cap 391); (Added 49 of 1987 s. 17) "Code of Practice" (業務守則) means a Code of Practice issued by the Broadcasting Authority under section 20 or 28; (Amended 49 of 1987 s. 17) "commercial television broadcasting licence" (商營電視廣播牌照), in relation to commercial television broadcasting, means a licence to broadcast granted to a company under section 8; (Added 22 of 1993 s. 3) "commercial television broadcasting licensee" (商營電視廣播持牌人) means the holder of a commercial television broadcasting licence, and includes a company holding such a licence at the time of applying for the licence; (Added 22 of 1993 s. 3) "corporation" (法團) means a company or other body corporate; (Added 102 of 1991 s. 2) "disqualified person" (喪失資格的人) means- (a) an advertising agent; (b) a company which supplies material for broadcasting by a licensee; (c) a company- (i) which is a licensee; or (ii) which transmits sound or television material, whether within or without Hong Kong; (Amended 21 of 1997 s. 3) (iii) which is the sole or dominant supplier of a public switched telephone service by wire to residential premises in Hong Kong; or (Added 22 of 1993 s. 3. Amended 21 of 1997 s. 3) (iv) which is a publisher of a newspaper published in Hong Kong; (Added 21 of 1997 s. 3) (d) a person who exercises control of a company specified in paragraph (b) or (c); or (Added 7 of 1973 s. 2) (e) an associate of any category of disqualified person specified in paragraphs (a) to (d): Provided that a company specified in- (i) paragraph (c)(iii) or a person or an associate specified by reference thereto in paragraphs (d) and (e) shall be a disqualified person only in relation to the subscription television broadcasting licensee which operates the subscription television network established by the holder of the initial licence referred to in section 8B(1) or the replacement licence referred to in section 8B(2); (ii) paragraph (c)(iv) or a person or an associate specified by reference thereto in paragraphs (d) and (e) shall not be a disqualified person in relation to a licensee if it or he, as the case may be- (A) was exercising control of the company that is the licensee as at 21 March 1996 ("the relevant date"); and (B) does not subsequent to the relevant date increase the control it or he exercised on that date (whether in relation to the percentage of voting shares or holding office) or cease to exercise control other than by the substitution or alternation of one person holding office by another; (Replaced 21 of 1997 s. 3) "exercise control of a company" (對任何公司作出控制) means- (a) to hold office in that company; or (b) to be the beneficial owner of more than 15% of the voting shares of that company ; or (c) to be a voting controller of more than 15% of the voting shares in that company, and "exercise control of a licensee" (對持牌人作出控制) shall be construed accordingly: (Added 22 of 1993 s. 3) Provided that a person shall not be a disqualified person in relation to a company which is a licensee by reason only that he holds office in, or holds or controls more than 15% of the voting shares in, that company; (Replaced 22 of 1993 s. 3) "licence" (牌照) means- (a) a commercial television broadcasting licence granted under section 8, subject to the restrictions imposed under section 8A; (Amended 21 of 1997 s. 3) (b) a subscription television broadcasting licence granted under section 8, subject to the restrictions imposed under section 8B; or (Replaced 22 of 1993 s. 3. Amended 21 of 1997 s. 3) (c) a programme service licence granted under section 8; (Added 21 of 1997 s. 3) "licensee" (持牌人) means a company granted a licence and includes such company when making application for the licence; "licensee's register" (持牌人的登記冊) means the register which a licensee is required to keep by virtue of section 95 of the Companies Ordinance (Cap 32); (Replaced 102 of 1991 s. 2) "material" (材料) includes pictures, words, music and other sounds whether produced, spoken or made at the time or recorded in any manner; "newspaper" (報刊) means a paper or other publication or a supplement thereto available to the public which- (a) contains news, intelligence, occurrences or any remarks, observations or comments in relation to such news, intelligence or occurrences or to any other matter of public interest; and (b) is published for sale or free distribution and either periodically (whether half-yearly, quarterly, monthly, fortnightly, weekly, daily or otherwise), or in parts or numbers at intervals not exceeding 6 months; and (c) does not comprise exclusively any item or items specified in Schedule 1B; (Added 21 of 1997 s. 3) "ordinarily resident in Hong Kong" (通常居於香港) includes- (a) in the case of a person- (i) residence in Hong Kong for not less than 180 days in any calendar year; or (ii) residence in Hong Kong for not less than 300 days in any 2 consecutive calendar years; and (b) in the case of a company, a company- (i) which is formed and registered in Hong Kong under the Companies Ordinance (Cap 32); (ii) of which the directors participating actively in the direction of the company- (A) in case there are 2 such directors, each shall be; or (B) in case there are more than 2 such directors, the majority thereof shall each be, for the time being ordinarily resident in Hong Kong and also have been so resident for at least one continuous period of not less than 7 years; and (Replaced 72 of 1988 s. 2) (iii) the control and management of which is bona fide exercised in Hong Kong; (Added 7 of 1973 s. 2) "performance bond" (履約保證) means a first demand performance bond or bank guarantee in such form and in such sum as shall be determined by the Chief Executive in Council issued by a bank within the meaning of section 2 of the Banking Ordinance (Cap 155) in favour of the Government to secure the compliance by a licensee with any condition contained in its licence; (Added 22 of 1993 s. 3. Amended 49 of 1995 s. 53; 55 of 1999 s. 3) "principal officer" (主要高級人員) has the same meaning as in section 17G(5); (Added 22 of 1993 s. 3) "programme service licence" (節目服務牌照) means a licence granted under section 8 for the provision of a programme service; (Added 21 of 1997 s. 3) "programme service licensee" (節目服務持牌人) means the holder of a programme service licence, and includes a company holding such a licence at the time of applying for the licence; (Added 21 of 1997 s. 3) "radiocommunication" (無線電通訊) means communication by radio waves; (Added 22 of 1993 s. 3) "royalty" (專營權費) means advertising royalty payable under section 41 and subscription royalty payable under section 41A; (Added 22 of 1993 s. 3) "subscription" (訂費) means a fee payable by or on behalf of any person for the right to view television programmes in Hong Kong; (Added 22 of 1993 s. 3) "subscription television broadcasting licence" (收費電視廣播牌照), in relation to subscription television broadcasting, means a licence granted under section 8; (Added 22 of 1993 s. 3) "subscription television broadcasting licensee" (收費電視廣播持牌人) means the holder of a subscription television broadcasting licence, and includes a company holding such a licence at the time of applying for the licence; (Added 22 of 1993 s. 3) "subscription television network" (收費電視網絡), in relation to the provision of a subscription television broadcasting service, means a public telecommunication network operated by a subscription television broadcasting licensee in accordance with a subscription television broadcasting licence or by some other person who is authorized or required to operate any part thereof, directly or indirectly, by a subscription television broadcasting licensee; (Added 22 of 1993 s. 3) "subsidiary company" (附屬公司) means any company which, pursuant to section 2 of the Companies Ordinance (Cap 32), is, for the purposes of that Ordinance, deemed to be a subsidiary of another company; (Added 72 of 1988 s. 2) "telecommunication" (電訊), "telecommunication installation" (電訊裝置) and "telecommunication service" (電訊服務) have the same meaning as in section 2 of the Telecommunication Ordinance (Cap 106); (Added 22 of 1993 s. 3) "Telecommunications Authority" (電訊管理局局長) means the Telecommunications Authority for the purposes of the Telecommunication Ordinance (Cap 106); "television programme" (電視節目) means a programme which consists wholly or mainly of moving visual representational images (that is, images comprised within sequences of visual images capable of being seen as moving images) but does not include any material specified in Schedule 1C; (Replaced 21 of 1997 s. 3) "voting control" (表決權控制) and "voting controller" (表權控權人) have the same meaning as in section 17A(1); (Added 22 of 1993 s. 3) "voting shares" (有表決權股份) means shares in the company which entitle the registered owner thereof to vote at meetings of shareholders of the company. (2) For the purposes of this Ordinance a body corporate (other than a company within the meaning of the Companies Ordinance (Cap 32)) established or incorporated by Ordinance shall be regarded as being a company ordinarily resident in Hong Kong if (but only if) for the time being- (a) the person participating actively in the direction or management of the body, or in case there are 2 such persons, each of those persons, or in case there are more than 2 such persons, each of a majority of those persons, satisfies the requirements as to residence in section 17A(1)(a)(i); and (Amended 102 of 1991 s. 2) (b) such direction and management is bona fide exercised in Hong Kong. (Added 72 of 1988 s. 2) (3) When 2 or more persons have a joint interest, then for the purposes of this Ordinance each of those persons shall be regarded as having the entire of the interest to the exclusion of any other person. (Added 72 of 1988 s. 2) (4) For the purposes of this Ordinance- (a) transmission on a point-to-point basis means that each transmission (of which there may be more than one at the same time, but independent of and separate from one another) is between one point and only one other point; (b) transmission within Hong Kong means that the transmission must originate and end in Hong Kong; (c) a television programme does not cease to be so merely because it is an interactive programme, that is, a programme which is designed so that the viewer can participate in or influence its contents and method of presentation (if it is otherwise a television programme). (Added 21 of 1997 s. 3) (Amended 49 of 1987 s. 17) "application" (申請) "associate" (相聯者) "associated corporation"(相聯法團) "influence"(影響、影響力) "principal officer" (主要高級人員) "relative" (親屬) "broadcasting" (廣播) "broadcast" (廣播) "Broadcasting Authority" (廣播事務管理局) "Code of Practice" (業務守則) "commercial television broadcasting licence" (商營電視廣播牌照) "commercial television broadcasting licensee" (商營電視廣播持牌人) "corporation" (法團) "disqualified person" (喪失資格的人) "exercise control of a company" (對任何公司作出控制) "exercise control of a licensee" (對持牌人作出控制) "licence" (牌照) "licensee" (持牌人) "licensee's register" (持牌人的登記冊) "material" (材料) "newspaper" (報刊) "ordinarily resident in Hong Kong" (通常居於香港) "performance bond" (履約保證) "principal officer" (主要高級人員) "programme service licence" (節目服務牌照) "programme service licensee" (節目服務持牌人) "radiocommunication" (無線電通訊) "royalty" (專營權費) "subscription" (訂費) "subscription television broadcasting licence" (收費電視廣播牌照) "subscription television broadcasting licensee" (收費電視廣播持牌人) "subscription television network" (收費電視網絡) "subsidiary company" (附屬公司) "telecommunication" (電訊) "telecommunication installation" (電訊裝置) "telecommunication service" (電訊服務) "Telecommunications Authority" (電訊管理局局長) "television programme" (電視節目) "voting control" (表決權控制) "voting controller" (表權控權人) "voting shares" (有表決權股份) TELEVISION ORDINANCE - SECT 2 Interpretation VerDate:30/06/1997 (1) In this Ordinance, unless the context otherwise requires- "application" (申請) means an application for a licence made under section 7; "associate" (相聯者) means- (a) in relation to a voting controller holding voting control, the same as in section 17G(4) and (5); (b) in relation to a disqualified person, the same as it does in relation to a voting controller holding voting control, mutatis mutandis; (c) in relation to a licensee, the same as it does in relation to a voting controller holding voting control being a corporation, mutatis mutandis; (d) in relation to a person who exercises control of a licensee, the same as it does in relation to a voting controller holding voting control, mutatis mutandis, and the definitions of "associated corporation"(相聯法團), "influence"(影響、影響力) , "principal officer" (主要高級人員) and "relative" (親屬) in section 17G(5) shall be construed accordingly; (Added 22 of 1993 s. 3) "broadcasting" (廣播) means- (a) in relation to commercial television broadcasting, the transmission by terrestrial radiocommunication of television programmes that are readily accessible to, and are made available free of charge to, the general public but does not include any immediate re-transmission or relay, without variation or alteration of contents, of broadcasting services licensed under this Ordinance; (b) in relation to subscription television broadcasting, the transmission by terrestrial telecommunication of television programmes that are made available to 2 or more residential or commercial premises simultaneously or the general public on payment of a subscription (whether periodical or otherwise), but does not include any transmission that is specified in Schedule 1; or (Amended 21 of 1997 s. 3) (c) in relation to a programme service, the provision of a service that includes television programmes for transmission by terrestrial telecommunication on a point-to-point basis within Hong Kong, is available to 2 or more residential premises or to the general public and is made available on payment of a subscription (whether periodical or otherwise) and is provided only in response to a specific request, but does not include a service specified in Schedule 1A, (Added 21 of 1997 s. 3) and "broadcast" (廣播) shall be construed accordingly; (Replaced 22 of 1993 s. 3) "Broadcasting Authority" (廣播事務管理局) means the Broadcasting Authority established by section 3 of the Broadcasting Authority Ordinance (Cap391); (Added 49 of 1987 s. 17) "Code of Practice" (業務守則) means a Code of Practice issued by the Broadcasting Authority under section 20 or 28; (Amended 49 of 1987 s. 17) "commercial television broadcasting licence" (商營電視廣播牌照), in relation to commercial television broadcasting, means a licence to broadcast granted to a company under section 8; (Added 22 of 1993 s. 3) "commercial television broadcasting licensee" (商營電視廣播持牌人) means the holder of a commercial television broadcasting licence, and includes a company holding such a licence at the time of applying for the licence; (Added 22 of 1993 s. 3) "corporation" (法團) means a company or other body corporate; (Added 102 of 1991 s. 2) "disqualified person" (喪失資格的人) means- (a) an advertising agent; (b) a company which supplies material for broadcasting by a licensee; (c) a company- (i) which is a licensee; or (ii) which transmits sound or television material, whether within or without Hong Kong; (Amended 21 of 1997 s. 3) (iii) which is the sole or dominant supplier of a public switched telephone service by wire to residential premises in Hong Kong; or (Added 22 of 1993 s. 3. Amended 21 of 1997 s. 3) (iv) which is a publisher of a newspaper published in Hong Kong; (Added 21 of 1997 s. 3) (d) a person who exercises control of a company specified in paragraph (b) or (c); or (Added 7 of 1973 s. 2) (e) an associate of any category of disqualified person specified in paragraphs (a) to (d): Provided that a company specified in- (i) paragraph (c)(iii) or a person or an associate specified by reference thereto in paragraphs (d) and (e) shall be a disqualified person only in relation to the subscription television broadcasting licensee which operates the subscription television network established by the holder of the initial licence referred to in section 8B(1) or the replacement licence referred to in section 8B(2); (ii) paragraph (c)(iv) or a person or an associate specified by reference thereto in paragraphs (d) and (e) shall not be a disqualified person in relation to a licensee if it or he, as the case may be- (A) was exercising control of the company that is the licensee as at 21 March 1996 ("the relevant date"); and (B) does not subsequent to the relevant date increase the control it or he exercised on that date (whether in relation to the percentage of voting shares or holding office) or cease to exercise control other than by the substitution or alternation of one person holding office by another; (Replaced 21 of 1997 s. 3) "exercise control of a company" (對任何公司作出控制) means- (a) to hold office in that company; or (b) to be the beneficial owner of more than 15% of the voting shares of that company ; or (c) to be a voting controller of more than 15% of the voting shares in that company, and "exercise control of a licensee" (對持牌人作出控制) shall be construed accordingly: (Added 22 of 1993 s. 3) Provided that a person shall not be a disqualified person in relation to a company which is a licensee by reason only that he holds office in, or holds or controls more than 15% of the voting shares in, that company; (Replaced 22 of 1993 s. 3) "licence" (牌照) means- (a) a commercial television broadcasting licence granted under section 8, subject to the restrictions imposed under section 8A; (Amended 21 of 1997 s. 3) (b) a subscription television broadcasting licence granted under section 8, subject to the restrictions imposed under section 8B; or (Replaced 22 of 1993 s. 3. Amended 21 of 1997 s. 3) (c) a programme service licence granted under section 8; (Added 21 of 1997 s. 3) "licensee" (持牌人) means a company granted a licence and includes such company when making application for the licence; "licensee's register" (持牌人的登記冊) means the register which a licensee is required to keep by virtue of section 95 of the Companies Ordinance (Cap 32); (Replaced 102 of 1991 s. 2) "material" (材料) includes pictures, words, music and other sounds whether produced, spoken or made at the time or recorded in any manner; "newspaper" (報刊) means a paper or other publication or a supplement thereto available to the public which- (a) contains news, intelligence, occurrences or any remarks, observations or comments in relation to such news, intelligence or occurrences or to any other matter of public interest; and (b) is published for sale or free distribution and either periodically (whether half-yearly, quarterly, monthly, fortnightly, weekly, daily or otherwise), or in parts or numbers at intervals not exceeding 6 months; and (c) does not comprise exclusively any item or items specified in Schedule 1B; (Added 21 of 1997 s. 3) "ordinarily resident in Hong Kong" (通常居於香港) includes- (a) in the case of a person- (i) residence in Hong Kong for not less than 180 days in any calendar year; or (ii) residence in Hong Kong for not less than 300 days in any 2 consecutive calendar years; and (b) in the case of a company, a company- (i) which is formed and registered in Hong Kong under the Companies Ordinance (Cap 32); (ii) of which the directors participating actively in the direction of the company- (A) in case there are 2 such directors, each shall be; or (B) in case there are more than 2 such directors, the majority thereof shall each be, for the time being ordinarily resident in Hong Kong and also have been so resident for at least one continuous period of not less than 7 years; and (Replaced 72 of 1988 s. 2) (iii) the control and management of which is bona fide exercised in Hong Kong; (Added 7 of 1973 s. 2) "performance bond" (履約保證) means a first demand performance bond or bank guarantee in such form and in such sum as shall be determined by the Governor in Council issued by a bank within the meaning of section 2 of the Banking Ordinance (Cap 155) in favour of the Government to secure the compliance by a licensee with any condition contained in its licence; (Added 22 of 1993 s. 3. Amended 49 of 1995 s. 53) "principal officer" (主要高級人員) has the same meaning as in section 17G(5); (Added 22 of 1993 s. 3) "programme service licence" (節目服務牌照) means a licence granted under section 8 for the provision of a programme service; (Added 21 of 1997 s. 3) "programme service licensee" (節目服務持牌人) means the holder of a programme service licence, and includes a company holding such a licence at the time of applying for the licence; (Added 21 of 1997 s. 3) "radiocommunication" (無線電通訊) means communication by radio waves; (Added 22 of 1993 s. 3) "royalty" (專營權費) means advertising royalty payable under section 41 and subscription royalty payable under section 41A; (Added 22 of 1993 s. 3) "subscription" (訂費) means a fee payable by or on behalf of any person for the right to view television programmes in Hong Kong; (Added 22 of 1993 s. 3) "subscription television broadcasting licence" (收費電視廣播牌照), in relation to subscription television broadcasting, means a licence granted under section 8; (Added 22 of 1993 s. 3) "subscription television broadcasting licensee" (收費電視廣播持牌人) means the holder of a subscription television broadcasting licence, and includes a company holding such a licence at the time of applying for the licence; (Added 22 of 1993 s. 3) "subscription television network" (收費電視網絡), in relation to the provision of a subscription television broadcasting service, means a public telecommunication network operated by a subscription television broadcasting licensee in accordance with a subscription television broadcasting licence or by some other person who is authorized or required to operate any part thereof, directly or indirectly, by a subscription television broadcasting licensee; (Added 22 of 1993 s. 3) "subsidiary company" (附屬公司) means any company which, pursuant to section 2 of the Companies Ordinance (Cap 32), is, for the purposes of that Ordinance, deemed to be a subsidiary of another company; (Added 72 of 1988 s. 2) "telecommunication" (電訊), "telecommunication installation" (電訊裝置) and "telecommunication service" (電訊服務) have the same meaning as in section 2 of the Telecommunication Ordinance (Cap 106); (Added 22 of 1993 s. 3) "Telecommunications Authority" (電訊管理局局長) means the Telecommunications Authority for the purposes of the Telecommunication Ordinance (Cap 106); "television programme" (電視節目) means a programme which consists wholly or mainly of moving visual representational images (that is, images comprised within sequences of visual images capable of being seen as moving images) but does not include any material specified in Schedule 1C; (Replaced 21 of 1997 s. 3) "voting control" (表決權控制) and "voting controller" (表權控權人) have the same meaning as in section 17A(1); (Added 22 of 1993 s. 3) "voting shares" (有表決權股份) means shares in the company which entitle the registered owner thereof to vote at meetings of shareholders of the company. (2) For the purposes of this Ordinance a body corporate (other than a company within the meaning of the Companies Ordinance (Cap 32)) established or incorporated by Ordinance shall be regarded as being a company ordinarily resident in Hong Kong if (but only if) for the time being- (a) the person participating actively in the direction or management of the body, or in case there are 2 such persons, each of those persons, or in case there are more than 2 such persons, each of a majority of those persons, satisfies the requirements as to residence in section 17A(1)(a)(i); and (Amended 102 of 1991 s. 2) (b) such direction and management is bona fide exercised in Hong Kong. (Added 72 of 1988 s. 2) (3) When 2 or more persons have a joint interest, then for the purposes of this Ordinance each of those persons shall be regarded as having the entire of the interest to the exclusion of any other person. (Added 72 of 1988 s. 2) (4) For the purposes of this Ordinance- (a) transmission on a point-to-point basis means that each transmission (of which there may be more than one at the same time, but independent of and separate from one another) is between one point and only one other point; (b) transmission within Hong Kong means that the transmission must originate and end in Hong Kong; (c) a television programme does not cease to be so merely because it is an interactive programme, that is, a programme which is designed so that the viewer can participate in or influence its contents and method of presentation (if it is otherwise a television programme). (Added 21 of 1997 s. 3) (Amended 49 of 1987 s. 17) "application" (申請) "associate" (相聯者) "associated corporation"(相聯法團) "influence"(影響、影響力) "principal officer" (主要高級人員) "relative" (親屬) "broadcasting" (廣播) "broadcast" (廣播) "Broadcasting Authority" (廣播事務管理局) "Code of Practice" (業務守則) "commercial television broadcasting licence" (商營電視廣播牌照) "commercial television broadcasting licensee" (商營電視廣播持牌人) "corporation" (法團) "disqualified person" (喪失資格的人) "exercise control of a company" (對任何公司作出控制) "exercise control of a licensee" (對持牌人作出控制) "licence" (牌照) "licensee" (持牌人) "licensee's register" (持牌人的登記冊) "material" (材料) "newspaper" (報刊) "ordinarily resident in Hong Kong" (通常居於香港) "performance bond" (履約保證) "principal officer" (主要高級人員) "programme service licence" (節目服務牌照) "programme service licensee" (節目服務持牌人) "radiocommunication" (無線電通訊) "royalty" (專營權費) "subscription" (訂費) "subscription television broadcasting licence" (收費電視廣播牌照) "subscription television broadcasting licensee" (收費電視廣播持牌人) "subscription television network" (收費電視網絡) "subsidiary company" (附屬公司) "telecommunication" (電訊) "telecommunication installation" (電訊裝置) "telecommunication service" (電訊服務) "Telecommunications Authority" (電訊管理局局長) "television programme" (電視節目) "voting control" (表決權控制) "voting controller" (表權控權人) "voting shares" (有表決權股份) TELEVISION ORDINANCE - SECT 2A (Repealed 48 of 2000 s. 44) VerDate:07/07/2000 TELEVISION ORDINANCE - SECT 2A Service etc. of notices VerDate:30/06/1997 (1) A notice under this Ordinance may be served or given by prepaying (where requisite), registering and posting an envelope addressed to the person on or to whom the notice is to be served or given at his usual or last known place of abode or business and containing such notice; and, unless the contrary is proved, the notice shall be deemed to have been served or given and received at the time at which such envelope would have been delivered in the ordinary course of post. (2) For the purposes of this section a company within the meaning of the Companies Ordinance (Cap 32) shall be deemed to have a usual place of abode at its registered office, and any other body corporate shall be deemed to have a usual place of abode at its principal office or any other place at which it carries on business. (Added 72 of 1988 s. 3) TELEVISION ORDINANCE - SECT 6A (Repealed 48 of 2000 s. 44) VerDate:07/07/2000 TELEVISION ORDINANCE - SECT 6A Grant or holding of licences to or by certain companies prohibited VerDate:30/06/1997 PART II (Repealed 49 of 1987 s. 17) PART III LICENCE TO BROADCAST A commercial television broadcasting licence shall neither be granted to nor held by a company which, by virtue of section 2 of the Companies Ordinance (Cap 32), is, for the purposes of that Ordinance, deemed to be a subsidiary of another company. (Added 72 of 1988 s. 4. Amended 22 of 1993 s. 4) TELEVISION ORDINANCE - SECT 6B (Repealed 48 of 2000 s. 44) VerDate:07/07/2000 TELEVISION ORDINANCE - SECT 6B Requirement for broadcasting VerDate:30/06/1997 (1) No person shall broadcast without an appropriate licence. (Amended 21 of 1997 s. 4) (2) Any person who contravenes this section commits an offence and is liable- (a) on summary conviction, to a fine of $50000 and to imprisonment for 6 months; and (b) on conviction on indictment, to a fine of $100000 and to imprisonment for 12 months. (3) For the avoidance of doubt it is declared that subsection (1) applies in relation to the provision of a programme service notwithstanding anything in any licence granted or permission given under any other Ordinance, regardless of when such licence was granted or permission given. (Added 21 of 1997 s. 4) (Added 22 of 1993 s. 5) TELEVISION ORDINANCE - SECT 7 (Repealed 48 of 2000 s. 44) VerDate:07/07/2000 TELEVISION ORDINANCE - SECT 7 Application for licence VerDate:30/06/1997 (1) Any company complying with section 10 may apply in writing in a form determined by the Broadcasting Authority for a licence to broadcast. (2) An application under subsection (1) shall be submitted to the Broadcasting Authority at such place and within such time as may be determined by the Broadcasting Authority in any particular case. (Replaced 7 of 1973 s. 5. Amended 49 of 1987 s. 17) TELEVISION ORDINANCE - SECT 8 (Repealed 48 of 2000 s. 44) VerDate:07/07/2000 TELEVISION ORDINANCE - SECT 8 Grant of licences VerDate:16/06/2000 (1) The Chief Executive may appoint the Broadcasting Authority to consider applications for licences and to make recommendations thereon to the Chief Executive in Council. (Amended 49 of 1987 s. 17; 22 of 1993 s. 6) (2) (a) Having considered the recommendations submitted under subsection (1), the Chief Executive in Council may grant a licence which shall be subject, in addition to the conditions set out in this Ordinance, to such conditions as he may specify, which conditions may relate to any matter contained in the application form submitted by the licensee under section 7. (b) Without affecting the generality of paragraph (a), conditions attached to a licence may include- (Amended 22 of 1993 s. 6) (i) a condition requiring the licensee to broadcast such programmes, announcements and other material as the Broadcasting Authority shall require and at such time or times, or within such period or periods and on such broadcasting service or part of it as that authority shall specify when making the requirement; (Amended 21 of 1997 s. 5) (ii) a condition prohibiting or restricting, in a manner specified in the condition, the broadcasting by the licensee of advertising material which is of a class or description so specified; (iii) a condition authorizing the Chief Executive in Council to amend in the public interest any conditions during the period to which the licence relates, including amendments after the completion of one half of any such period; (Added 22 of 1993 s. 6) (iv) the provision of a performance bond; (Added 22 of 1993 s. 6) (v) technical requirements, including conditions relating to the allocation and use of frequencies, conditions relating to channel capacities and coverage; (Added 22 of 1993 s. 6) (vi) the payment of royalties, licence fees, spectrum utilization fees and other fees and charges as may be prescribed by any regulation made under section 32A; (Added 22 of 1993 s. 6) (vii) the broadcasting of programmes in the English and Chinese languages and such other languages as may be specified and the periods and duration of such broadcasts; (Added 22 of 1993 s. 6) (viii) a condition prohibiting the broadcasting by the licensee of advertising material for such period or periods specified; (Added 22 of 1993 s. 6) (ix) conditions imposing controls and restrictions, whether direct or indirect, on the creation, holding or disposal of shares in the licensee or its shareholders or of the undertaking of the licensee or any part thereof. (Added 22 of 1993 s. 6) (c) (Repealed 22 of 1993 s. 6) (3) A licence, other than a programme service licence, granted under this section shall for the purpose of section 8 of the Telecommunications Ordinance (Cap 106) be deemed to be a licence granted under that Ordinance for the purposes of establishing and operating a television broadcasting service and such associated telecommunications services ancillary thereto as may be authorized by the Telecommunications Authority and to authorize the possession or use of any apparatus referred to in section 8(1)(b) of the Telecommunications Ordinance (Cap 106) which is used for or in connection with the operation by the licensee of such broadcasting or other service. (Amended 7 of 1973 s. 6; 72 of 1988 s. 5; 21 of 1997 s. 5; 36 of 2000 s. 28) (3A) Save in so far as a licensee shall not be required to obtain a licence under the Telecommunications Ordinance (Cap 106) to establish and operate any associated telecommunications service ancillary to the operation of a television broadcasting service he shall comply at all times with the provisions of that Ordinance which relate to the establishment and operation of a television broadcasting service and any associated telecommunications service ancillary thereto. (Added 7 of 1973 s. 6. Amended 36 of 2000 s. 28) (4) Notwithstanding the provisions of subsection (2) and section 11 a licence may be granted to a company- (a) which is a disqualified person; (b) in which a disqualified person exercises control; or (c) which is a disqualified person and in which another disqualified person exercises control, and the licence may contain such conditions relating to the disqualified person and to the control exercised by him as the Chief Executive in Council may see fit to impose under subsection (2). (Added 33 of 1965 s. 2) (Amended 55 of 1999 s. 3) TELEVISION ORDINANCE - SECT 8 Grant of licences VerDate:01/07/1997 Adaptation amendments retroactively made - see 55 of 1999 s. 3 (1) The Chief Executive may appoint the Broadcasting Authority to consider applications for licences and to make recommendations thereon to the Chief Executive in Council. (Amended 49 of 1987 s. 17; 22 of 1993 s. 6) (2) (a) Having considered the recommendations submitted under subsection (1), the Chief Executive in Council may grant a licence which shall be subject, in addition to the conditions set out in this Ordinance, to such conditions as he may specify, which conditions may relate to any matter contained in the application form submitted by the licensee under section 7. (b) Without affecting the generality of paragraph (a), conditions attached to a licence may include- (Amended 22 of 1993 s. 6) (i) a condition requiring the licensee to broadcast such programmes, announcements and other material as the Broadcasting Authority shall require and at such time or times, or within such period or periods and on such broadcasting service or part of it as that authority shall specify when making the requirement; (Amended 21 of 1997 s. 5) (ii) a condition prohibiting or restricting, in a manner specified in the condition, the broadcasting by the licensee of advertising material which is of a class or description so specified; (iii) a condition authorizing the Chief Executive in Council to amend in the public interest any conditions during the period to which the licence relates, including amendments after the completion of one half of any such period; (Added 22 of 1993 s. 6) (iv) the provision of a performance bond; (Added 22 of 1993 s. 6) (v) technical requirements, including conditions relating to the allocation and use of frequencies, conditions relating to channel capacities and coverage; (Added 22 of 1993 s. 6) (vi) the payment of royalties, licence fees, spectrum utilization fees and other fees and charges as may be prescribed by any regulation made under section 32A; (Added 22 of 1993 s. 6) (vii) the broadcasting of programmes in the English and Chinese languages and such other languages as may be specified and the periods and duration of such broadcasts; (Added 22 of 1993 s. 6) (viii) a condition prohibiting the broadcasting by the licensee of advertising material for such period or periods specified; (Added 22 of 1993 s. 6) (ix) conditions imposing controls and restrictions, whether direct or indirect, on the creation, holding or disposal of shares in the licensee or its shareholders or of the undertaking of the licensee or any part thereof. (Added 22 of 1993 s. 6) (c) (Repealed 22 of 1993 s. 6) (3) A licence, other than a programme service licence, granted under this section shall for the purpose of section 8 of the Telecommunication Ordinance (Cap 106) be deemed to be a licence granted by the Chief Executive in Council under that Ordinance for the purposes of establishing and operating a television broadcasting service and such associated telecommunication services ancillary thereto as may be authorized by the Telecommunications Authority and to authorize the possession or use of any apparatus referred to in section 8(1)(b) of the Telecommunication Ordinance (Cap 106) which is used for or in connection with the operation by the licensee of such broadcasting or other service. (Amended 7 of 1973 s. 6; 72 of 1988 s. 5; 21 of 1997 s. 5) (3A) Save in so far as a licensee shall not be required to obtain a licence under the Telecommunication Ordinance (Cap 106) to establish and operate any associated telecommunication service ancillary to the operation of a television broadcasting service he shall comply at all times with the provisions of that Ordinance which relate to the establishment and operation of a television broadcasting service and any associated telecommunication service ancillary thereto. (Added 7 of 1973 s. 6) (4) Notwithstanding the provisions of subsection (2) and section 11 a licence may be granted to a company- (a) which is a disqualified person; (b) in which a disqualified person exercises control; or (c) which is a disqualified person and in which another disqualified person exercises control, and the licence may contain such conditions relating to the disqualified person and to the control exercised by him as the Chief Executive in Council may see fit to impose under subsection (2). (Added 33 of 1965 s. 2) (Amended 55 of 1999 s. 3) TELEVISION ORDINANCE - SECT 8 Grant of licences VerDate:30/06/1997 (1) The Governor may appoint the Broadcasting Authority to consider applications for licences and to make recommendations thereon to the Governor in Council. (Amended 49 of 1987 s. 17; 22 of 1993 s. 6) (2) (a) Having considered the recommendations submitted under subsection (1), the Governor in Council may grant a licence which shall be subject, in addition to the conditions set out in this Ordinance, to such conditions as he may specify, which conditions may relate to any matter contained in the application form submitted by the licensee under section 7. (b) Without affecting the generality of paragraph (a), conditions attached to a licence may include- (Amended 22 of 1993 s. 6) (i) a condition requiring the licensee to broadcast such programmes, announcements and other material as the Broadcasting Authority shall require and at such time or times, or within such period or periods and on such broadcasting service or part of it as that authority shall specify when making the requirement; (Amended 21 of 1997 s. 5) (ii) a condition prohibiting or restricting, in a manner specified in the condition, the broadcasting by the licensee of advertising material which is of a class or description so specified; (iii) a condition authorizing the Governor in Council to amend in the public interest any conditions during the period to which the licence relates, including amendments after the completion of one half of any such period; (Added 22 of 1993 s. 6) (iv) the provision of a performance bond; (Added 22 of 1993 s. 6) (v) technical requirements, including conditions relating to the allocation and use of frequencies, conditions relating to channel capacities and coverage; (Added 22 of 1993 s. 6) (vi) the payment of royalties, licence fees, spectrum utilization fees and other fees and charges as may be prescribed by any regulation made under section 32A; (Added 22 of 1993 s. 6) (vii) the broadcasting of programmes in the English and Chinese languages and such other languages as may be specified and the periods and duration of such broadcasts; (Added 22 of 1993 s. 6) (viii) a condition prohibiting the broadcasting by the licensee of advertising material for such period or periods specified; (Added 22 of 1993 s. 6) (ix) conditions imposing controls and restrictions, whether direct or indirect, on the creation, holding or disposal of shares in the licensee or its shareholders or of the undertaking of the licensee or any part thereof. (Added 22 of 1993 s. 6) (c) (Repealed 22 of 1993 s. 6) (3) A licence, other than a programme service licence, granted under this section shall for the purpose of section 8 of the Telecommunication Ordinance (Cap 106) be deemed to be a licence granted by the Governor in Council under that Ordinance for the purposes of establishing and operating a television broadcasting service and such associated telecommunication services ancillary thereto as may be authorized by the Telecommunications Authority and to authorize the possession or use of any apparatus referred to in section 8(1)(b) of the Telecommunication Ordinance (Cap 106) which is used for or in connection with the operation by the licensee of such broadcasting or other service. (Amended 7 of 1973 s. 6; 72 of 1988 s. 5; 21 of 1997 s. 5) (3A) Save in so far as a licensee shall not be required to obtain a licence under the Telecommunication Ordinance (Cap 106) to establish and operate any associated telecommunication service ancillary to the operation of a television broadcasting service he shall comply at all times with the provisions of that Ordinance which relate to the establishment and operation of a television broadcasting service and any associated telecommunication service ancillary thereto. (Added 7 of 1973 s. 6) (4) Notwithstanding the provisions of subsection (2) and section 11 a licence may be granted to a company- (a) which is a disqualified person; (b) in which a disqualified person exercises control; or (c) which is a disqualified person and in which another disqualified person exercises control, and the licence may contain such conditions relating to the disqualified person and to the control exercised by him as the Governor in Council may see fit to impose under subsection (2). (Added 33 of 1965 s. 2) TELEVISION ORDINANCE - SECT 8A (Repealed 48 of 2000 s. 44) VerDate:07/07/2000 TELEVISION ORDINANCE - SECT 8A Restriction in respect of commercial television broadcasting VerDate:30/06/1997 (1) In the case where material, pursuant to a condition attached to a commercial television broadcasting licence under section 8(2)(b), is required to be broadcast at any time between the hours of 7 p.m. and 10 p.m. in any period from Monday to Friday inclusive, it shall not, without the consent of the commercial television broadcasting licensee concerned, on any day either exceed, or exceed in aggregate, 30 minutes in duration. (2) The periods during which broadcasting material, pursuant to a condition attached to a commercial television broadcasting licence under section 8(2)(b), is required to be broadcast shall in aggregate not exceed any of the following- (a) 2 1/2 hours in any period of 24 hours commencing at 6 a.m.; (b) 2 1/2 hours in the 15 hours between the hours of 7 p.m. and 10 p.m. in any period from Monday to Friday inclusive in any week; (c) in case the material is required to be broadcast on a Chinese language service, 12 hours in any week; and (Amended 21 of 1997 s. 6) (d) in case the material is required to be broadcast on an English language service, 6 hours in any week. (Amended 21 of 1997 s. 6) (Added 22 of 1993 s. 7) TELEVISION ORDINANCE - SECT 8B (Repealed 48 of 2000 s. 44) VerDate:07/07/2000 TELEVISION ORDINANCE - SECT 8B Restrictions in respect of subscription television broadcasting VerDate:01/07/1997 Adaptation amendments retroactively made - see 55 of 1999 s. 3 (1) Subject to subsections (2) to (5), the Chief Executive in Council shall, in respect of any application made under section 7 subsequent to the initial grant of a subscription television broadcasting licence ("initial licence") under section 8, refuse to grant any other subscription television broadcasting licence in respect of the period ("restricted period") ending with the 3rd anniversary of the date that the initial licence comes into operation. (2) (a) Subject to subsection (3), if during the restricted period the holder ("original holder") of the initial licence ceases to hold that licence, the Chief Executive in Council may, on an application made under section 7 during that restricted period, grant under section 8 to the applicant (in place of the original holder) a subscription television broadcasting licence ("replacement licence"). (b) Where the same person holds an initial licence granted under section 8 and subsequently, without interruption within the restricted period, holds any subscription television broadcasting licence granted under section 8, the initial licence shall be treated as- (i) continuing without cessation; (ii) being granted on the conditions contained in the initial grant referred to in subsection (1) and thereafter on the conditions contained in the second and, if any, subsequent grant under section 8. (3) In the event that a replacement licence is granted in accordance with subsection (2), the Chief Executive in Council may grant or refuse to grant under section 8 any other subscription television broadcasting licence in respect of the period ("relevant period") ending with the 3rd anniversary of the date that the replacement licence comes into operation or such other lesser period as the Chief Executive in Council may determine in substitution for the relevant period. (4) Subject to subsection (5), the holder of the initial licence, or the holder of a replacement licence where the Chief Executive in Council has exercised his discretion under subsection (3) not to grant any other subscription television broadcasting licence, shall enjoy an exclusive right to broadcast during the restricted period or relevant period to which the initial licence or the replacement licence, as the case may be, relates. (5) Where the holder of the initial licence, or any replacement licence conferring an exclusive right to broadcast under subsection (4), does not broadcast to any place or geographical area in accordance with the terms of his subscription television broadcasting licence or has stated in writing that it is not his intention to do so during the period of that licence, the Chief Executive in Council may, during the restricted period or the relevant period where the Chief Executive in Council has exercised his discretion under subsection (3) not to grant any other subscription television broadcasting licence, by notice in the Gazette grant a subscription television broadcasting licence under section 8 to another person in respect of that place or geographical area. (Added 22 of 1993 s. 7. Amended 55 of 1999 s. 3) TELEVISION ORDINANCE - SECT 8B Restrictions in respect of subscription television broadcasting VerDate:30/06/1997 (1) Subject to subsections (2) to (5), the Governor in Council shall, in respect of any application made under section 7 subsequent to the initial grant of a subscription television broadcasting licence ("initial licence") under section 8, refuse to grant any other subscription television broadcasting licence in respect of the period ("restricted period") ending with the 3rd anniversary of the date that the initial licence comes into operation. (2) (a) Subject to subsection (3), if during the restricted period the holder ("original holder") of the initial licence ceases to hold that licence, the Governor in Council may, on an application made under section 7 during that restricted period, grant under section 8 to the applicant (in place of the original holder) a subscription television broadcasting licence ("replacement licence"). (b) Where the same person holds an initial licence granted under section 8 and subsequently, without interruption within the restricted period, holds any subscription television broadcasting licence granted under section 8, the initial licence shall be treated as- (i) continuing without cessation; (ii) being granted on the conditions contained in the initial grant referred to in subsection (1) and thereafter on the conditions contained in the second and, if any, subsequent grant under section 8. (3) In the event that a replacement licence is granted in accordance with subsection (2), the Governor in Council may grant or refuse to grant under section 8 any other subscription television broadcasting licence in respect of the period ("relevant period") ending with the 3rd anniversary of the date that the replacement licence comes into operation or such other lesser period as the Governor in Council may determine in substitution for the relevant period. (4) Subject to subsection (5), the holder of the initial licence, or the holder of a replacement licence where the Governor in Council has exercised his discretion under subsection (3) not to grant any other subscription television broadcasting licence, shall enjoy an exclusive right to broadcast during the restricted period or relevant period to which the initial licence or the replacement licence, as the case may be, relates. (5) Where the holder of the initial licence, or any replacement licence conferring an exclusive right to broadcast under subsection (4), does not broadcast to any place or geographical area in accordance with the terms of his subscription television broadcasting licence or has stated in writing that it is not his intention to do so during the period of that licence, the Governor in Council may, during the restricted period or the relevant period where the Governor in Council has exercised his discretion under subsection (3) not to grant any other subscription television broadcasting licence, by notice in the Gazette grant a subscription television broadcasting licence under section 8 to another person in respect of that place or geographical area. (Added 22 of 1993 s. 7) TELEVISION ORDINANCE - SECT 9 (Repealed 48 of 2000 s. 44) VerDate:07/07/2000 TELEVISION ORDINANCE - SECT 9 Period of validity of licence VerDate:01/07/1997 Adaptation amendments retroactively made - see 55 of 1999 s. 3 (1) A licence shall be- (a) valid for such period as the Chief Executive in Council may determine by order; and (Amended 49 of 1987 s. 17) (b) subject to renewal within that period of validity on such dates as may be specified in the licence or determined by the Chief Executive in Council by order. (2) An order made by the Chief Executive in Council under subsection (1)(a) or (b) shall be published in the Gazette. (Replaced 7 of 1973 s. 7. Amended 55 of 1999 s. 3) TELEVISION ORDINANCE - SECT 9 Period of validity of licence VerDate:30/06/1997 (1) A licence shall be- (a) valid for such period as the Governor in Council may determine by order; and (Amended 49 of 1987 s. 17) (b) subject to renewal within that period of validity on such dates as may be specified in the licence or determined by the Governor in Council by order. (2) An order made by the Governor in Council under subsection (1)(a) or (b) shall be published in the Gazette. (Replaced 7 of 1973 s. 7) TELEVISION ORDINANCE - SECT 10 (Repealed 48 of 2000 s. 44) VerDate:07/07/2000 TELEVISION ORDINANCE - SECT 10 Competence of applicants for licences VerDate:16/06/2000 (1) A licence may be granted only to a company formed and registered under the Companies Ordinance (Cap 32) which complies with the following conditions- (Amended 22 of 1993 s. 8) (a) subject to subsection (2) and section 17B, the only business carried on by the company shall be- (Amended 22 of 1993 s. 8) (i) to establish and operate a television broadcasting service; (ii) to establish and operate such associated telecommunications services ancillary to the operation of a television broadcasting service as may be authorized by the Telecommunications Authority; and (iii) to carry on such forms of business as may be directly connected or associated with the foregoing; (b) the majority of the directors of the company shall each be a person who is for the time being ordinarily resident in Hong Kong and who also has been so resident for at least one continuous period of not less than 7 years; (Amended 80 of 1982 s. 2; 72 of 1988 s. 6) (c) the majority of the directors required under paragraph (b) shall participate actively in the direction of the company; (d) a quorum of any meeting of the directors of the company shall have a majority of directors each of whom shall be a person who satisfies the requirements of paragraph (b) as to residence; (Amended 80 of 1982 s. 2; 72 of 1988 s. 6) (e) except with the approval of the Broadcasting Authority, the principal officers of the company, including the officer responsible for the selection of programmes, shall each be a person who satisfies the requirements of paragraph (b) as to residence; (Amended 80 of 1982 s. 2; 72 of 1988 s. 6; 13 of 1992 s. 2) (f) subject to section 17B, no disqualified person other than a person whose disqualification was disclosed in the application for the licence shall exercise control of the company; (Amended 22 of 1993 s. 8) (g) the company shall be empowered under its memorandum and articles of association to comply fully with the provisions of this Ordinance and the conditions of its licence. (Replaced 102 of 1991 s. 3) (h)-(i) (Repealed 102 of 1991 s. 3) (2) Notwithstanding subsection (1)(a), a licensee may establish and operate any telecommunications service using the transmission facilities associated with television broadcasting in accordance with a licence granted expressly by the Chief Executive in Council or the Telecommunications Authority under section 7 of the Telecommunications Ordinance (Cap 106). (Added 22 of 1993 s. 8. Amended 55 of 1999 s. 3) (Replaced 7 of 1973 s. 7. Amended 102 of 1991 s. 3; 36 of 2000 s. 28) TELEVISION ORDINANCE - SECT 10 Competence of applicants for licences VerDate:01/07/1997 Adaptation amendments retroactively made - see 55 of 1999 s. 3 (1) A licence may be granted only to a company formed and registered under the Companies Ordinance (Cap 32) which complies with the following conditions- (Amended 22 of 1993 s. 8) (a) subject to subsection (2) and section 17B, the only business carried on by the company shall be- (Amended 22 of 1993 s. 8) (i) to establish and operate a television broadcasting service; (ii) to establish and operate such associated telecommunication services ancillary to the operation of a television broadcasting service as may be authorized by the Telecommunications Authority; and (iii) to carry on such forms of business as may be directly connected or associated with the foregoing; (b) the majority of the directors of the company shall each be a person who is for the time being ordinarily resident in Hong Kong and who also has been so resident for at least one continuous period of not less than 7 years; (Amended 80 of 1982 s. 2; 72 of 1988 s. 6) (c) the majority of the directors required under paragraph (b) shall participate actively in the direction of the company; (d) a quorum of any meeting of the directors of the company shall have a majority of directors each of whom shall be a person who satisfies the requirements of paragraph (b) as to residence; (Amended 80 of 1982 s. 2; 72 of 1988 s. 6) (e) except with the approval of the Broadcasting Authority, the principal officers of the company, including the officer responsible for the selection of programmes, shall each be a person who satisfies the requirements of paragraph (b) as to residence; (Amended 80 of 1982 s. 2; 72 of 1988 s. 6; 13 of 1992 s. 2) (f) subject to section 17B, no disqualified person other than a person whose disqualification was disclosed in the application for the licence shall exercise control of the company; (Amended 22 of 1993 s. 8) (g) the company shall be empowered under its memorandum and articles of association to comply fully with the provisions of this Ordinance and the conditions of its licence. (Replaced 102 of 1991 s. 3) (h)-(i) (Repealed 102 of 1991 s. 3) (2) Notwithstanding subsection (1)(a), a licensee may establish and operate any telecommunication service using the transmission facilities associated with television broadcasting in accordance with a licence granted expressly by the Chief Executive in Council or the Telecommunications Authority under section 7 of the Telecommunication Ordinance (Cap 106). (Added 22 of 1993 s. 8. Amended 55 of 1999 s. 3) (Replaced 7 of 1973 s. 7. Amended 102 of 1991 s. 3) TELEVISION ORDINANCE - SECT 10 Competence of applicants for licences VerDate:30/06/1997 (1) A licence may be granted only to a company formed and registered under the Companies Ordinance (Cap 32) which complies with the following conditions- (Amended 22 of 1993 s. 8) (a) subject to subsection (2) and section 17B, the only business carried on by the company shall be- (Amended 22 of 1993 s. 8) (i) to establish and operate a television broadcasting service; (ii) to establish and operate such associated telecommunication services ancillary to the operation of a television broadcasting service as may be authorized by the Telecommunications Authority; and (iii) to carry on such forms of business as may be directly connected or associated with the foregoing; (b) the majority of the directors of the company shall each be a person who is for the time being ordinarily resident in Hong Kong and who also has been so resident for at least one continuous period of not less than 7 years; (Amended 80 of 1982 s. 2; 72 of 1988 s. 6) (c) the majority of the directors required under paragraph (b) shall participate actively in the direction of the company; (d) a quorum of any meeting of the directors of the company shall have a majority of directors each of whom shall be a person who satisfies the requirements of paragraph (b) as to residence; (Amended 80 of 1982 s. 2; 72 of 1988 s. 6) (e) except with the approval of the Broadcasting Authority, the principal officers of the company, including the officer responsible for the selection of programmes, shall each be a person who satisfies the requirements of paragraph (b) as to residence; (Amended 80 of 1982 s. 2; 72 of 1988 s. 6; 13 of 1992 s. 2) (f) subject to section 17B, no disqualified person other than a person whose disqualification was disclosed in the application for the licence shall exercise control of the company; (Amended 22 of 1993 s. 8) (g) the company shall be empowered under its memorandum and articles of association to comply fully with the provisions of this Ordinance and the conditions of its licence. (Replaced 102 of 1991 s. 3) (h)-(i) (Repealed 102 of 1991 s. 3) (2) Notwithstanding subsection (1)(a), a licensee may establish and operate any telecommunication service using the transmission facilities associated with television broadcasting in accordance with a licence granted expressly by the Governor in Council or the Telecommunications Authority under section 7 of the Telecommunication Ordinance (Cap 106). (Added 22 of 1993 s. 8) (Replaced 7 of 1973 s. 7. Amended 102 of 1991 s. 3) TELEVISION ORDINANCE - SECT 11 (Repealed 48 of 2000 s. 44) VerDate:07/07/2000 TELEVISION ORDINANCE - SECT 11 Special conditions of licence VerDate:30/06/1997 (1) Subject to section 11A, a licensee shall comply at all times with section 10(1)(a) to (g). (Replaced 102 of 1991 s. 4. Amended 22 of 1993 s. 9) (2) Subject to section 11A, no disqualified person who exercises control of a licensee company shall increase such control- (a) by augmenting the percentage of voting shares of the company which he holds as the beneficial owner thereof; or (b) as the result of the change of office held by him in the company. (3) Subject to section 11A, a licensee shall not assign its licence to any person or company. (Replaced 7 of 1973 s. 7) TELEVISION ORDINANCE - SECT 11A (Repealed 48 of 2000 s. 44) VerDate:07/07/2000 TELEVISION ORDINANCE - SECT 11A Exceptions to special conditions of licence VerDate:01/07/1997 Adaptation amendments retroactively made - see 55 of 1999 s. 3 (1) On the application of a licensee the Chief Executive in Council may, if he is satisfied that the public interest so requires, approve- (a) an increase in the control exercised by a disqualified person in the company; or (b) the introduction of a disqualified person to exercise control of the company. (Amended 73 of 1980 s. 3) (2) (Repealed 102 of 1991 s. 5) (3) On the application of a licensee the Chief Executive in Council may approve the assignment of its licence to any other company competent to apply for a licence subject to such conditions as may be specified by the Chief Executive in Council. (Added 7 of 1973 s. 7. Amended 55 of 1999 s. 3) TELEVISION ORDINANCE - SECT 11A Exceptions to special conditions of licence VerDate:30/06/1997 (1) On the application of a licensee the Governor in Council may, if he is satisfied that the public interest so requires, approve- (a) an increase in the control exercised by a disqualified person in the company; or (b) the introduction of a disqualified person to exercise control of the company. (Amended 73 of 1980 s. 3) (2) (Repealed 102 of 1991 s. 5) (3) On the application of a licensee the Governor in Council may approve the assignment of its licence to any other company competent to apply for a licence subject to such conditions as may be specified by the Governor in Council. (Added 7 of 1973 s. 7) TELEVISION ORDINANCE - SECT 11B (Repealed 48 of 2000 s. 44) VerDate:07/07/2000 TELEVISION ORDINANCE - SECT 11B Statement of effect of sections 10, 11 and 11A to be made in prospectus VerDate:30/06/1997 A licensee shall ensure that a clear statement of the effect of sections 10, 11, 11A and Part IIIA is made in any prospectus within the meaning of the Companies Ordinance (Cap 32) which may be issued at any time in respect of the company. (Added 7 of 1973 s. 7) Amended 102 of 1991 s. 6 TELEVISION ORDINANCE - SECT 12 (Repealed 48 of 2000 s. 44) VerDate:07/07/2000 TELEVISION ORDINANCE - SECT 12 Limitations on contracts by licensee VerDate:30/06/1997 (1) A licensee shall not, except in respect of material for broadcasting for the supply of which it is contracting, agree to broadcast or to refrain from broadcasting any material. (Replaced 49 of 1987 s. 17) (2) Any provision in a contract which requires a licensee to broadcast or to refrain from broadcasting any material, other than material to be supplied under the contract, shall not be enforceable against the licensee. TELEVISION ORDINANCE - SECT 13 (Repealed 48 of 2000 s. 44) VerDate:07/07/2000 TELEVISION ORDINANCE - SECT 13 Renewal of licence VerDate:01/07/1997 Adaptation amendments retroactively made - see 55 of 1999 s. 3 (1) Not less than 18 months before the date of expiry of a licence the Broadcasting Authority shall submit recommendations to the Chief Executive in Council concerning the renewal of the licence and the terms and conditions subject to which it may be renewed. (Amended 49 of 1987 s. 17; 22 of 1993 s. 10) (2) Having considered the recommendations submitted under subsection (1), the Chief Executive in Council may- (a) renew a licence subject to such terms and conditions as he may specify; or (b) renew a licence by means of granting a new licence in substitution therefor, and in doing so, may- (i) impose such terms and conditions as he may specify; and (ii) direct that the period of validity of the new licence shall date from the date on which the existing licence was granted. (Replaced 7 of 1973 s. 8. Amended 55 of 1999 s. 3) TELEVISION ORDINANCE - SECT 13 Renewal of licence VerDate:30/06/1997 (1) Not less than 18 months before the date of expiry of a licence the Broadcasting Authority shall submit recommendations to the Governor in Council concerning the renewal of the licence and the terms and conditions subject to which it may be renewed. (Amended 49 of 1987 s. 17; 22 of 1993 s. 10) (2) Having considered the recommendations submitted under subsection (1), the Governor in Council may- (a) renew a licence subject to such terms and conditions as he may specify; or (b) renew a licence by means of granting a new licence in substitution therefor, and in doing so, may- (i) impose such terms and conditions as he may specify; and (ii) direct that the period of validity of the new licence shall date from the date on which the existing licence was granted. (Replaced 7 of 1973 s. 8) TELEVISION ORDINANCE - SECT 13A (Repealed 48 of 2000 s. 44) VerDate:07/07/2000 TELEVISION ORDINANCE - SECT 13A Suspension of licence VerDate:01/07/1997 Adaptation amendments retroactively made - see 55 of 1999 s. 3 (1) Subject to the provisions of this section, the Broadcasting Authority may suspend a licence under this Ordinance for such period, being a period not exceeding 30 days, as is specified in the suspension. (2) A licence shall only be suspended under this section- (a) for failure by the licensee to pay, within 1 month after payment thereof has been demanded, any royalty, licence fee or spectrum utilization fee owing by the licensee or to pay any financial penalty imposed on the licensee under section 37; or (b) if having regard to such of the following as is or are appropriate in the particular case, namely, the number of penalties imposed on the licensee under section 37 since the issue of the licence, the number of occasions on which, since such issue, the requirements of this Ordinance (apart from section 37) have, in relation to the licensee, been contravened, any failure by the licensee, whether by act or omission, to comply with a condition attached to the licence, or any such failure to comply with any direction or order applicable to the licensee and given or made by the Broadcasting Authority either under this Ordinance or under a provision of a Code of Practice, the Broadcasting Authority is satisfied that the licence should be suspended. (Amended 22 of 1993 s. 11) (3) (a) The following provisions shall apply in relation to the suspension under this section of a licence- (i) the Broadcasting Authority shall not suspend the licence unless and until it has given to the bolder of the licence notice in writing stating that that authority has under consideration the suspension of the licence and the grounds upon which and any other reason why such suspension is being considered; and (ii) the Broadcasting Authority shall consider any representation or objection made to it as regards the proposed suspension. (b) The notice referred to in paragraph (a) shall, in addition to stating the matters required by that paragraph, state that representations and objections as regards the proposed suspension may be made to the Broadcasting Authority during such period (being a period of not less than 28 days beginning on the date of the notice) as shall be specified in the notice (which representations and objections are hereby authorized to be made either orally or in writing). (4) In case the Broadcasting Authority suspends a licence under this section the holder of the licence may, within the period of 21 days beginning on the date of the suspension, appeal to the Chief Executive in Council by way of petition against the suspension. (Amended 55 of 1999 s. 3) (5) Where a licence is suspended under this section the suspension shall not come into force before- (a) in case such an appeal is not taken, the expiration of the period during which such an appeal may be taken; or (b) in case such an appeal is taken, the appeal is either withdrawn or determined. (Added 72 of 1988 s. 9) TELEVISION ORDINANCE - SECT 13A Suspension of licence VerDate:30/06/1997 (1) Subject to the provisions of this section, the Broadcasting Authority may suspend a licence under this Ordinance for such period, being a period not exceeding 30 days, as is specified in the suspension. (2) A licence shall only be suspended under this section- (a) for failure by the licensee to pay, within 1 month after payment thereof has been demanded, any royalty, licence fee or spectrum utilization fee owing by the licensee or to pay any financial penalty imposed on the licensee under section 37; or (b) if having regard to such of the following as is or are appropriate in the particular case, namely, the number of penalties imposed on the licensee under section 37 since the issue of the licence, the number of occasions on which, since such issue, the requirements of this Ordinance (apart from section 37) have, in relation to the licensee, been contravened, any failure by the licensee, whether by act or omission, to comply with a condition attached to the licence, or any such failure to comply with any direction or order applicable to the licensee and given or made by the Broadcasting Authority either under this Ordinance or under a provision of a Code of Practice, the Broadcasting Authority is satisfied that the licence should be suspended. (Amended 22 of 1993 s. 11) (3) (a) The following provisions shall apply in relation to the suspension under this section of a licence- (i) the Broadcasting Authority shall not suspend the licence unless and until it has given to the bolder of the licence notice in writing stating that that authority has under consideration the suspension of the licence and the grounds upon which and any other reason why such suspension is being considered; and (ii) the Broadcasting Authority shall consider any representation or objection made to it as regards the proposed suspension. (b) The notice referred to in paragraph (a) shall, in addition to stating the matters required by that paragraph, state that representations and objections as regards the proposed suspension may be made to the Broadcasting Authority during such period (being a period of not less than 28 days beginning on the date of the notice) as shall be specified in the notice (which representations and objections are hereby authorized to be made either orally or in writing). (4) In case the Broadcasting Authority suspends a licence under this section the holder of the licence may, within the period of 21 days beginning on the date of the suspension, appeal to the Governor in Council by way of petition against the suspension. (5) Where a licence is suspended under this section the suspension shall not come into force before- (a) in case such an appeal is not taken, the expiration of the period during which such an appeal may be taken; or (b) in case such an appeal is taken, the appeal is either withdrawn or determined. (Added 72 of 1988 s. 9) TELEVISION ORDINANCE - SECT 14 (Repealed 48 of 2000 s. 44) VerDate:07/07/2000 TELEVISION ORDINANCE - SECT 14 Revocation of licence VerDate:01/07/1997 Adaptation amendments retroactively made - see 55 of 1999 s. 3 (1) Where the Broadcasting Authority considers that there may be cause for the Chief Executive in Council to revoke a licence under the provisions of subsection (3), it shall conduct an inquiry and submit recommendations to the Chief Executive in Council concerning the revocation. (Replaced 22 of 1993 s. 12) (2) Before submitting recommendations to the Chief Executive in Council under subsection (1) the Broadcasting Authority may as part of its inquiry, and shall in the case where its inquiry concerns the provisions of subsection (3)(b), conduct a public hearing in accordance with procedures for the hearing to be determined by the Broadcasting Authority. (Replaced 22 of 1993 s. 12) (2A) Without prejudice to the generality of the procedures which it may determine under subsection (2), the Broadcasting Authority- (a) may, notwithstanding the provisions of section 46(1), divulge any specified information and document which it has received in the course of the public hearing to any person or to any specified person or treat the same as confidential; and (b) shall publish a report of the public hearing, together with its recommendations to the Chief Executive in Council concerning the revocation. (Added 22 of 1993 s. 12) (3) After considering the recommendations of the Broadcasting Authority and such other information, matter and advice as he may see fit, the Chief Executive in Council may revoke a licence- (a) for failure by the licensee to pay, within one month after payment thereof has been demanded, any royalty, licence fee or spectrum utilization fee owing by him or to pay any financial penalty imposed on him under section 37; (Amended 22 of 1993 s. 12) (b) if having regard to such of the following as is or are appropriate in the particular case, namely, the number of times the licence has been suspended, the number of penalties imposed on the licensee under section 37 since the issue of the licence, the number of occasions on which, since such issue, the requirements of this Ordinance (apart from section 37) have, in relation to the licensee, been contravened, any failure by the licensee, whether by act or omission, to comply with a condition attached to the licence, or any such failure to comply with any direction or order applicable to the licensee and given or made by the Broadcasting Authority either under this Ordinance or under a provision of a Code of Practice, he is satisfied that the licence should be revoked; (Replaced 72 of 1988 s. 10) (bb) if the licensee- (i) goes into compulsory liquidation or into voluntary liquidation other than for the purpose of amalgamation or reconstruction; or (ii) makes any assignment to, or composition with, its creditors, (Added 7 of 1973 s. 9) (c) (Repealed 22 of 1993 s. 12) and such revocation shall take effect forthwith or on such day as the Chief Executive in Council specifies. (Amended 55 of 1999 s. 3) TELEVISION ORDINANCE - SECT 14 Revocation of licence VerDate:30/06/1997 (1) Where the Broadcasting Authority considers that there may be cause for the Governor in Council to revoke a licence under the provisions of subsection (3), it shall conduct an inquiry and submit recommendations to the Governor in Council concerning the revocation. (Replaced 22 of 1993 s. 12) (2) Before submitting recommendations to the Governor in Council under subsection (1) the Broadcasting Authority may as part of its inquiry, and shall in the case where its inquiry concerns the provisions of subsection (3)(b), conduct a public hearing in accordance with procedures for the hearing to be determined by the Broadcasting Authority. (Replaced 22 of 1993 s. 12) (2A) Without prejudice to the generality of the procedures which it may determine under subsection (2), the Broadcasting Authority- (a) may, notwithstanding the provisions of section 46(1), divulge any specified information and document which it has received in the course of the public hearing to any person or to any specified person or treat the same as confidential; and (b) shall publish a report of the public hearing, together with its recommendations to the Governor in Council concerning the revocation. (Added 22 of 1993 s. 12) (3) After considering the recommendations of the Broadcasting Authority and such other information, matter and advice as he may see fit, the Governor in Council may revoke a licence- (a) for failure by the licensee to pay, within one month after payment thereof has been demanded, any royalty, licence fee or spectrum utilization fee owing by him or to pay any financial penalty imposed on him under section 37; (Amended 22 of 1993 s. 12) (b) if having regard to such of the following as is or are appropriate in the particular case, namely, the number of times the licence has been suspended, the number of penalties imposed on the licensee under section 37 since the issue of the licence, the number of occasions on which, since such issue, the requirements of this Ordinance (apart from section 37) have, in relation to the licensee, been contravened, any failure by the licensee, whether by act or omission, to comply with a condition attached to the licence, or any such failure to comply with any direction or order applicable to the licensee and given or made by the Broadcasting Authority either under this Ordinance or under a provision of a Code of Practice, he is satisfied that the licence should be revoked; (Replaced 72 of 1988 s. 10) (bb) if the licensee- (i) goes into compulsory liquidation or into voluntary liquidation other than for the purpose of amalgamation or reconstruction; or (ii) makes any assignment to, or composition with, its creditors, (Added 7 of 1973 s. 9) (c) (Repealed 22 of 1993 s. 12) and such revocation shall take effect forthwith or on such day as the Governor in Council specifies. TELEVISION ORDINANCE - SECT 15 (Repealed 48 of 2000 s. 44) VerDate:07/07/2000 TELEVISION ORDINANCE - SECT 15 Inquiry by Broadcasting Authority VerDate:30/06/1997 (1) (Repealed 22 of 1993 s. 13) (2) Where the Broadcasting Authority conducts an inquiry under section 14(1), it may consider information and matter received from any source. (Amended 22 of 1993 s. 13) (3) The following provisions shall apply in relation to the making of recommendations under section 14(1)- (Amended 22 of 1993 s. 13) (a) the Broadcasting Authority shall not recommend the revocation of a licence unless and until it has given to the holder of the licence notice in writing stating that that authority has under consideration the making of such a recommendation and the grounds upon which and any other reason why such a recommendation is being considered; and (b) the Broadcasting Authority shall consider any representation or objection made to it as regards the proposed recommendation. (Replaced 72 of 1988 s. 11) (4) The notice referred to in subsection (3) shall, in addition to stating the matters required by that subsection, state that representations and objections as regards the proposed recommendation may be made to the Broadcasting Authority during such period (being a period of not less than 28 days beginning on the date of the notice) as shall be specified in the notice (which representations and objections are hereby authorized to be made either orally or in writing). (Replaced 72 of 1988 s. 11) (5) The Broadcasting Authority shall consider any representations submitted by the licensee and such further information and matter as it may consider necessary by reason of such representations. (Amended 22 of 1993 s. 13) (6) (Repealed 22 of 1993 s. 13) (Amended 49 of 1987 s. 17) TELEVISION ORDINANCE - SECT 16 (Repealed 48 of 2000 s. 44) VerDate:07/07/2000 TELEVISION ORDINANCE - SECT 16 Notice of intended revocation or non-renewal and power to continue licence in force VerDate:01/07/1997 Adaptation amendments retroactively made - see 55 of 1999 s. 3 (1) Where it is decided not to renew, or to revoke pursuant to section 14(3), a licence under this Ordinance, the Chief Executive in Council shall cause notice in writing of the decision to be given to the licensee concerned, and- (a) in case the decision is a decision not to renew a licence, the notice shall be given at least 12 months prior to the day on which the licence will expire; and (b) in case the decision is a decision to revoke a licence, the decision shall come into effect on the day specified therein. (Replaced 72 of 1988 s. 12. Amended 22 of 1993 s. 14) (2) Where it is necessary for the due compliance with this section the Chief Executive in Council may extend the term of any licence: Provided that such extension shall not continue in force any exclusive right to broadcast. (Amended 55 of 1999 s. 3) TELEVISION ORDINANCE - SECT 16 Notice of intended revocation or non-renewal and power to continue licence in force VerDate:30/06/1997 (1) Where it is decided not to renew, or to revoke pursuant to section 14(3), a licence under this Ordinance, the Governor in Council shall cause notice in writing of the decision to be given to the licensee concerned, and- (a) in case the decision is a decision not to renew a licence, the notice shall be given at least 12 months prior to the day on which the licence will expire; and (b) in case the decision is a decision to revoke a licence, the decision shall come into effect on the day specified therein. (Replaced 72 of 1988 s. 12. Amended 22 of 1993 s. 14) (2) Where it is necessary for the due compliance with this section the Governor in Council may extend the term of any licence: Provided that such extension shall not continue in force any exclusive right to broadcast. TELEVISION ORDINANCE - SECT 17 (Repealed 48 of 2000 s. 44) VerDate:07/07/2000 TELEVISION ORDINANCE - SECT 17 Compulsory purchase of land, buildings, etc. VerDate:01/07/1997 Adaptation amendments retroactively made - see 55 of 1999 s. 3 (1) Where a notice is given under section 16, the Chief Executive in Council may direct The Financial Secretary Incorporated to acquire by purchase any lands (including any interest in land), buildings, installations and equipment belonging to and used by the licensee for the purposes of his licence. (Amended 22 of 1993 s. 15; 55 of 1999 s. 3) (2) Not more than 12 months after the giving of notice under section 16, The Financial Secretary Incorporated may acquire by purchase such parts of the lands, buildings, installations and equipment belonging to and used by the licensee for the purposes of his licence as may be specified by The Financial Secretary Incorporated. In the event of the price offered by The Financial Secretary Incorporated being refused, the price shall be determined by an arbitrator appointed for the purpose by the Chief Justice. (Amended 22 of 1993 s. 15) (3) Where land is purchased under subsection (2), the Financial Secretary Incorporated shall, within 1 month after the purchase, register in the Land Registry by memorial a declaration that it has been so purchased. (Amended 8 of 1993 s. 2) (4) All the property purchased under subsection (2) shall, as the case may be, vest in The Financial Secretary Incorporated- (a) (Repealed 22 of 1993 s. 15) (b) upon the expiry of the licence after notice of a decision not to renew; (c) where the licence is revoked under section 14(3), when the revocation takes effect or when a price is offered by The Financial Secretary Incorporated, whichever is the later, and thereupon all rights in such property on the part of the licensee shall cease and determine. (5) Nothing in this section shall confer on the licensee any right to require The Financial Secretary Incorporated to purchase any part of his lands, buildings, installations or equipment. TELEVISION ORDINANCE - SECT 17 Compulsory purchase of land, buildings, etc. VerDate:30/06/1997 (1) Where a notice is given under section 16, the Governor in Council may direct The Financial Secretary Incorporated to acquire by purchase any lands (including any interest in land), buildings, installations and equipment belonging to and used by the licensee for the purposes of his licence. (Amended 22 of 1993 s. 15) (2) Not more than 12 months after the giving of notice under section 16, The Financial Secretary Incorporated may acquire by purchase such parts of the lands, buildings, installations and equipment belonging to and used by the licensee for the purposes of his licence as may be specified by The Financial Secretary Incorporated. In the event of the price offered by The Financial Secretary Incorporated being refused, the price shall be determined by an arbitrator appointed for the purpose by the Chief Justice. (Amended 22 of 1993 s. 15) (3) Where land is purchased under subsection (2), the Financial Secretary Incorporated shall, within 1 month after the purchase, register in the Land Registry by memorial a declaration that it has been so purchased. (Amended 8 of 1993 s. 2) (4) All the property purchased under subsection (2) shall, as the case may be, vest in The Financial Secretary Incorporated- (a) (Repealed 22 of 1993 s. 15) (b) upon the expiry of the licence after notice of a decision not to renew; (c) where the licence is revoked under section 14(3), when the revocation takes effect or when a price is offered by The Financial Secretary Incorporated, whichever is the later, and thereupon all rights in such property on the part of the licensee shall cease and determine. (5) Nothing in this section shall confer on the licensee any right to require The Financial Secretary Incorporated to purchase any part of his lands, buildings, installations or equipment. TELEVISION ORDINANCE - SECT 17A (Repealed 48 of 2000 s. 44) VerDate:07/07/2000 TELEVISION ORDINANCE - SECT 17A Meaning of "voting controller" etc. VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 PART IIIA RESTRICTIONS ON VOTING CONTROL HELD BY UNQUALIFIED VOTING CONTROLLERS (1) For the purpose of this Part, in relation to a person holding voting control- "qualified voting controller" (合資格的表決控權人)- (a) means a voting controller who- (i) in the case of an individual person, is for the time being ordinarily resident in Hong Kong and has been so resident for at least 1 continuous period of not less than 7 years; and (ii) in the case of a corporation, is ordinarily resident in Hong Kong; and (b) means a voting controller who is- (i) the trustee or manager of any unit trust or mutual fund corporation authorized under section 15 of the Securities Ordinance (Cap 333); (ii) the trustee of a charitable scheme made by order of any court of competent jurisdiction; (iii) the judicial officer in whom a deceased's estate is vested between the time of death and the grant of letters of administration; (iv) the Registrar of the High Court; or (Amended 25 of 1998 s. 2) (v) such other person as may be prescribed; "total voting control" (總計的表決權控制) means the aggregate of voting control; "unqualified voting controller" (不合資格的表決控權人) means a voting controller who is not a qualified voting controller; "voting control" (表決權控制) means the conclusive control of or the ability to control conclusively, whether directly or indirectly, the exercise of the rights to vote attaching to 1 or more voting shares of a licensee, and means conclusive control or the ability to control conclusively- (a) by the exercise of a right, the exercise of which confers the ability to exercise or to control conclusively the exercise of any such rights to vote; or (b) by an entitlement to exercise any such rights to vote; or (c) under any duty or obligation; or (d) through a nominee; or (e) through or by means of a trust, agreement, arrangement, understanding or practice, whether or not the trust, agreement, arrangement, understanding or practice has legal or equitable force or is based on legal or equitable rights; or (f) as a chargor of voting shares of a licensee at any time before the chargee of the voting shares or the nominee of the chargee has given notice in writing under the charge to the chargor of an intention to exercise the rights to vote attaching to such voting shares; "voting controller" (表決控權人) means a person who either alone or together with 1 or more other persons holds voting control. (2) When 2 or more voting controllers together are voting controllers in relation to the same voting share and 1 or more than 1 of those voting controllers is an unqualified voting controller, then for the purposes of this Part, each of those voting controllers shall, in relation to that voting share, be regarded as an unqualified voting controller. (3) It is immaterial for the purposes of this Part that voting shares in respect of which a person is a voting controller are unidentifiable. (Replaced 102 of 1991 s. 7) "qualified voting controller" (合資格的表決控權人) "total voting control" (總計的表決權控制) "unqualified voting controller" (不合資格的表決控權人) "voting control" (表決權控制) "voting controller" (表決控權人) TELEVISION ORDINANCE - SECT 17A Meaning of "voting controller" etc. VerDate:30/06/1997 PART IIIA RESTRICTIONS ON VOTING CONTROL HELD BY UNQUALIFIED VOTING CONTROLLERS (1) For the purpose of this Part, in relation to a person holding voting control- "qualified voting controller" (合資格的表決控權人)- (a) means a voting controller who- (i) in the case of an individual person, is for the time being ordinarily resident in Hong Kong and has been so resident for at least 1 continuous period of not less than 7 years; and (ii) in the case of a corporation, is ordinarily resident in Hong Kong; and (b) means a voting controller who is- (i) the trustee or manager of any unit trust or mutual fund corporation authorized under section 15 of the Securities Ordinance (Cap 333); (ii) the trustee of a charitable scheme made by order of any court of competent jurisdiction; (iii) the judicial officer in whom a deceased's estate is vested between the time of death and the grant of letters of administration; (iv) the Registrar of the Supreme Court; or (v) such other person as may be prescribed; "total voting control" (總計的表決權控制) means the aggregate of voting control; "unqualified voting controller" (不合資格的表決控權人) means a voting controller who is not a qualified voting controller; "voting control" (表決權控制) means the conclusive control of or the ability to control conclusively, whether directly or indirectly, the exercise of the rights to vote attaching to 1 or more voting shares of a licensee, and means conclusive control or the ability to control conclusively- (a) by the exercise of a right, the exercise of which confers the ability to exercise or to control conclusively the exercise of any such rights to vote; or (b) by an entitlement to exercise any such rights to vote; or (c) under any duty or obligation; or (d) through a nominee; or (e) through or by means of a trust, agreement, arrangement, understanding or practice, whether or not the trust, agreement, arrangement, understanding or practice has legal or equitable force or is based on legal or equitable rights; or (f) as a chargor of voting shares of a licensee at any time before the chargee of the voting shares or the nominee of the chargee has given notice in writing under the charge to the chargor of an intention to exercise the rights to vote attaching to such voting shares; "voting controller" (表決控權人) means a person who either alone or together with 1 or more other persons holds voting control. (2) When 2 or more voting controllers together are voting controllers in relation to the same voting share and 1 or more than 1 of those voting controllers is an unqualified voting controller, then for the purposes of this Part, each of those voting controllers shall, in relation to that voting share, be regarded as an unqualified voting controller. (3) It is immaterial for the purposes of this Part that voting shares in respect of which a person is a voting controller are unidentifiable. (Replaced 102 of 1991 s. 7) "qualified voting controller" (合資格的表決控權人) "total voting control" (總計的表決權控制) "unqualified voting controller" (不合資格的表決控權人) "voting controller" (表決控權人) "voting control" (表決權控制) TELEVISION ORDINANCE - SECT 17B (Repealed 48 of 2000 s. 44) VerDate:07/07/2000 TELEVISION ORDINANCE - SECT 17B Investment permitted by licensee VerDate:16/06/2000 (1) Subject to the prior approval in writing of the Broadcasting Authority, a licensee may hold or acquire, directly or indirectly, interests in- (a) any number of shares in any other company, other than a company which is specified in Part II of Schedule 2, being a company the principal business of which, in the opinion of the Broadcasting Authority, is directly connected with television (including satellite television) or sound broadcasting or being a company which is specified in Part I of Schedule 2; and (b) not more than 15% in aggregate of the issued shares in any other company being a company the principal business of which, in the opinion of the Broadcasting Authority, is directly connected with television (including satellite television) or sound broadcasting and being a company which is specified in Part II of Schedule 2. (Replaced 22 of 1993 s. 16) (1A) For the purposes of subsection (1)(b), "licensee" (持牌人) shall include an associate of a licensee. (Added 22 of 1993 s. 16) (1B) (a) A licensee may hold or acquire, directly or indirectly, any number of shares, or interests therein, in any other company up to, and with the prior approval in writing of the Broadcasting Authority in excess of, the maximum of the lesser of the limits in paragraph (b) being a company whose shares are listed on the Unified Exchange established, operated and maintained under section 27 of the Stock Exchanges Unification Ordinance (Cap 361) or on any recognized stock market outside Hong Kong being a stock market recognized by the Securities and Futures Commission in accordance with section 65A(2)(a)(ii) of the Securities Ordinance (Cap 333). (Amended 23 of 1998 s. 2) (b) The limits referred to in paragraph (a) are- (i) 1% in aggregate of the market value of the issued shares of such other company; (ii) 10% of the net asset value of the licensee. (Added 22 of 1993 s. 16) (1C) A licensee may hold or acquire, directly or indirectly, any number of government bonds, or interests therein, up to, and with the prior approval in writing of the Broadcasting Authority in excess of, the maximum of the limit in subsection (1B)(b)(ii) and provided that the aggregate market value of the said bonds and of the shares referred to in subsection (1B)(a) held or acquired by the licensee shall not, without the prior approval in writing of the Broadcasting Authority, exceed 10% of the net asset value of the licensee. (Added 22 of 1993 s. 16) (1D) For the purpose of subsections (1B)(b) and (1C)- "net asset value of the licensee" (持牌人資產淨值) means the amount (if any) by which the aggregate of the licensee's assets exceeds the aggregate of its liabilities (taking both assets and liabilities to be as stated in the licensee's accounting records as at the end of its financial year immediately preceding the holding or acquisition in issue). (Added 22 of 1993 s. 16) (1E) For the purposes of subsections (1C) and (1G)- "government bonds" (政府債券) means any bonds issued by the Government of the Hong Kong Special Administrative Region or by any government. (Added 22 of 1993 s. 16. Amended 55 of 1999 s. 3) (1F) A licensee may hold or acquire, directly or indirectly, interests in any number of shares in any other company which is granted expressly a licence by the Chief Executive in Council or the Telecommunications Authority under section 7 of the Telecommunications Ordinance (Cap 106) to provide telecommunications services using the transmission facilities associated with television broadcasting. (Added 22 of 1993 s. 16. Amended 55 of 1999 s. 3; 36 of 2000 s. 28) (1G) Subject to subsections (1) to (1F)- (a) a licensee shall not hold or acquire, whether directly or indirectly, shares or interests therein, in any other company or in government bonds or interests therein; (b) an associate of a licensee shall not hold or acquire, whether directly or indirectly, the issued shares or any interest therein of any other company being a company the principal business of which, in the opinion of the Broadcasting Authority, is directly connected with television (including satellite television) or sound broadcasting and being a company which is specified in Part II of Schedule 2. (Added 22 of 1993 s. 16) (2) Where a licensee holds or acquires shares or an interest in shares in contravention of subsections (1) to (1G), the Broadcasting Authority may direct the licensee by notice in writing to transfer or otherwise dispose of the shares or interest within such period as shall be specified in the notice, and in the case where the Broadcasting Authority gives such a direction, the licensee shall comply with it. (Replaced 102 of 1991 s. 7. Amended 22 of 1993 s. 16) "licensee" (持牌人) "net asset value of the licensee" (持牌人資產淨值) "government bonds" (政府債券) TELEVISION ORDINANCE - SECT 17B Investment permitted by licensee VerDate:01/07/1997 Adaptation amendments retroactively made - see 23 of 1998 s. 2; 55 of 1999 s. 3 (1) Subject to the prior approval in writing of the Broadcasting Authority, a licensee may hold or acquire, directly or indirectly, interests in- (a) any number of shares in any other company, other than a company which is specified in Part II of Schedule 2, being a company the principal business of which, in the opinion of the Broadcasting Authority, is directly connected with television (including satellite television) or sound broadcasting or being a company which is specified in Part I of Schedule 2; and (b) not more than 15% in aggregate of the issued shares in any other company being a company the principal business of which, in the opinion of the Broadcasting Authority, is directly connected with television (including satellite television) or sound broadcasting and being a company which is specified in Part II of Schedule 2. (Replaced 22 of 1993 s. 16) (1A) For the purposes of subsection (1)(b), "licensee" (持牌人) shall include an associate of a licensee. (Added 22 of 1993 s. 16) (1B) (a) A licensee may hold or acquire, directly or indirectly, any number of shares, or interests therein, in any other company up to, and with the prior approval in writing of the Broadcasting Authority in excess of, the maximum of the lesser of the limits in paragraph (b) being a company whose shares are listed on the Unified Exchange established, operated and maintained under section 27 of the Stock Exchanges Unification Ordinance (Cap 361) or on any recognized stock market outside Hong Kong being a stock market recognized by the Securities and Futures Commission in accordance with section 65A(2)(a)(ii) of the Securities Ordinance (Cap 333). (Amended 23 of 1998 s. 2) (b) The limits referred to in paragraph (a) are- (i) 1% in aggregate of the market value of the issued shares of such other company; (ii) 10% of the net asset value of the licensee. (Added 22 of 1993 s. 16) (1C) A licensee may hold or acquire, directly or indirectly, any number of government bonds, or interests therein, up to, and with the prior approval in writing of the Broadcasting Authority in excess of, the maximum of the limit in subsection (1B)(b)(ii) and provided that the aggregate market value of the said bonds and of the shares referred to in subsection (1B)(a) held or acquired by the licensee shall not, without the prior approval in writing of the Broadcasting Authority, exceed 10% of the net asset value of the licensee. (Added 22 of 1993 s. 16) (1D) For the purpose of subsections (1B)(b) and (1C)- "net asset value of the licensee" (持牌人資產淨值) means the amount (if any) by which the aggregate of the licensee's assets exceeds the aggregate of its liabilities (taking both assets and liabilities to be as stated in the licensee's accounting records as at the end of its financial year immediately preceding the holding or acquisition in issue). (Added 22 of 1993 s. 16) (1E) For the purposes of subsections (1C) and (1G)- "government bonds" (政府債券) means any bonds issued by the Government of the Hong Kong Special Administrative Region or by any government. (Added 22 of 1993 s. 16. Amended 55 of 1999 s. 3) (1F) A licensee may hold or acquire, directly or indirectly, interests in any number of shares in any other company which is granted expressly a licence by the Chief Executive in Council or the Telecommunications Authority under section 7 of the Telecommunication Ordinance (Cap 106) to provide telecommunication services using the transmission facilities associated with television broadcasting. (Added 22 of 1993 s. 16. Amended 55 of 1999 s. 3) (1G) Subject to subsections (1) to (1F)- (a) a licensee shall not hold or acquire, whether directly or indirectly, shares or interests therein, in any other company or in government bonds or interests therein; (b) an associate of a licensee shall not hold or acquire, whether directly or indirectly, the issued shares or any interest therein of any other company being a company the principal business of which, in the opinion of the Broadcasting Authority, is directly connected with television (including satellite television) or sound broadcasting and being a company which is specified in Part II of Schedule 2. (Added 22 of 1993 s. 16) (2) Where a licensee holds or acquires shares or an interest in shares in contravention of subsections (1) to (1G), the Broadcasting Authority may direct the licensee by notice in writing to transfer or otherwise dispose of the shares or interest within such period as shall be specified in the notice, and in the case where the Broadcasting Authority gives such a direction, the licensee shall comply with it. (Replaced 102 of 1991 s. 7. Amended 22 of 1993 s. 16) "licensee" (持牌人) "net asset value of the licensee" (持牌人資產淨值) "government bonds" (政府債券) TELEVISION ORDINANCE - SECT 17B Investment permitted by licensee VerDate:30/06/1997 (1) Subject to the prior approval in writing of the Broadcasting Authority, a licensee may hold or acquire, directly or indirectly, interests in- (a) any number of shares in any other company, other than a company which is specified in Part II of Schedule 2, being a company the principal business of which, in the opinion of the Broadcasting Authority, is directly connected with television (including satellite television) or sound broadcasting or being a company which is specified in Part I of Schedule 2; and (b) not more than 15% in aggregate of the issued shares in any other company being a company the principal business of which, in the opinion of the Broadcasting Authority, is directly connected with television (including satellite television) or sound broadcasting and being a company which is specified in Part II of Schedule 2. (Replaced 22 of 1993 s. 16) (1A) For the purposes of subsection (1)(b), "licensee" (持牌人) shall include an associate of a licensee. (Added 22 of 1993 s. 16) (1B) (a) A licensee may hold or acquire, directly or indirectly, any number of shares, or interests therein, in any other company up to, and with the prior approval in writing of the Broadcasting Authority in excess of, the maximum of the lesser of the limits in paragraph (b) being a company whose shares are listed on the Unified Exchange established, operated and maintained under section 27 of the Stock Exchanges Unification Ordinance (Cap 361) or on any recognized overseas stock market being a stock market recongnized by the Securities and Futures Commission in accordance with section 65A(2)(a)(ii) of the Securities Ordinance (Cap 333). (b) The limits referred to in paragraph (a) are- (i) 1% in aggregate of the market value of the issued shares of such other company; (ii) 10% of the net asset value of the licensee. (Added 22 of 1993 s. 16) (1C) A licensee may hold or acquire, directly or indirectly, any number of government bonds, or interests therein, up to, and with the prior approval in writing of the Broadcasting Authority in excess of, the maximum of the limit in subsection (1B)(b)(ii) and provided that the aggregate market value of the said bonds and of the shares referred to in subsection (1B)(a) held or acquired by the licensee shall not, without the prior approval in writing of the Broadcasting Authority, exceed 10% of the net asset value of the licensee. (Added 22 of 1993 s. 16) (1D) For the purpose of subsections (1B)(b) and (1C)- "net asset value of the licensee" (持牌人資產淨值) means the amount (if any) by which the aggregate of the licensee's assets exceeds the aggregate of its liabilities (taking both assets and liabilities to be as stated in the licensee's accounting records as at the end of its financial year immediately preceding the holding or acquisition in issue). (Added 22 of 1993 s. 16) (1E) For the purposes of subsections (1C) and (1G)- "government bonds" (政府債券) means any bonds issued by the Hong Kong Government or by any government. (Added 22 of 1993 s. 16) (1F) A licensee may hold or acquire, directly or indirectly, interests in any number of shares in any other company which is granted expressly a licence by the Governor in Council or the Telecommunications Authority under section 7 of the Telecommunication Ordinance (Cap 106) to provide telecommunication services using the transmission facilities associated with television broadcasting. (Added 22 of 1993 s. 16) (1G) Subject to subsections (1) to (1F)- (a) a licensee shall not hold or acquire, whether directly or indirectly, shares or interests therein, in any other company or in government bonds or interests therein; (b) an associate of a licensee shall not hold or acquire, whether directly or indirectly, the issued shares or any interest therein of any other company being a company the principal business of which, in the opinion of the Broadcasting Authority, is directly connected with television (including satellite television) or sound broadcasting and being a company which is specified in Part II of Schedule 2. (Added 22 of 1993 s. 16) (2) Where a licensee holds or acquires shares or an interest in shares in contravention of subsections (1) to (1G), the Broadcasting Authority may direct the licensee by notice in writing to transfer or otherwise dispose of the shares or interest within such period as shall be specified in the notice, and in the case where the Broadcasting Authority gives such a direction, the licensee shall comply with it. (Replaced 102 of 1991 s. 7. Amended 22 of 1993 s. 16) "licensee" (持牌人) "net asset value of