Hong Kong Ordinances

BROADCASTING ORDINANCE - SECT 12

Determination of whether television programme service primarily targets Hong Kong

(1) A licensee (including a person seeking to be a licensee) shall, before
providing a television programme service in or from Hong Kong, make an
application in the specified form to the Broadcasting Authority for a
determination on whether or not the service would, if provided, primarily
target Hong Kong.

(2) The Broadcasting Authority shall, as soon as is practicable after the
receipt of an application under subsection (1), make a determination in
writing that the Broadcasting Authority is of the opinion that the
television programme service the subject of the application, if provided-

   (a)  would primarily target Hong Kong; or

   (b)  would not primarily target Hong Kong.

(3) Where the Broadcasting Authority has made a determination under subsection
(2), it shall as soon as is practicable after making the determination, serve
a copy of the determination on the licensee (or person seeking to be a
licensee) concerned together with a statement of its reasons in support of the
determination.

(4) Subject to subsection (5), where the Broadcasting Authority ceases to be
of the opinion that gave rise to a determination under
subsection (2) ("old determination"), then-

        (a)	it shall make a further determination in writing ("new 
determination") that the Broadcasting Authority is of the opinion that the
television programme service the subject of the old determination-

        (i)    primarily targets Hong Kong; or

        (ii)   does not primarily target Hong Kong;

   (b)  it shall as soon as is practicable after making the new 
        determination, serve a copy of the new determination on the licensee
        (or person seeking to be a licensee) concerned together with a
        statement of its reasons in support of the determination;

   (c)  upon the date the licensee (or person seeking to be a licensee) is
        served with a copy of the new determination, the old determination
        shall thereupon be deemed to be repealed unless the new determination
        provides for the repeal of the old determination at a later date; and

   (d)  this subsection shall, with all necessary modifications, apply to the
        new determination as it applies to the old determination should the
        Broadcasting Authority subsequently cease to be of the opinion that
        gave rise to the new determination.

(5) The Broadcasting Authority shall, before making a determination under
subsection (4)-

   (a)  give the licensee concerned a reasonable opportunity to make
        representations to the Broadcasting Authority in relation to whether
        or not the television programme service concerned-

        (i)    primarily targets Hong Kong; or

        (ii)   does not primarily target Hong Kong; and

   (b)  consider the representations, if any, made.

(6) In determining whether or not a television programme service primarily
targets Hong Kong, account shall be taken of, but not limited to, the
following matters-

   (a)  whether the service covers Hong Kong;

   (b)  whether the sources of advertising and subscription revenues, where
        applicable, of the service are derived principally from Hong Kong;

   (c)  the language of the service and the nature and size of the audiences
        targeted by the service; and

   (d)  whether the service is actively marketed in Hong Kong by the licensee
        or by a third party on its behalf.

(7) In this section, "television programme service" (電視節目服務)
includes any part of a television programme service.

"television programme service" (電視節目服務)