Hong Kong Ordinances

BROADCASTING ORDINANCE - SECT 2

Interpretation

(Past version on 07/07/2000).

(1) In this Ordinance, unless the context otherwise requires-

"associate" (相聯者)-

   (a)  subject to paragraph (b), in relation to-

        (i)    a voting controller holding voting control, means the same as
it does in the definition of "associate" in Part 1 of Schedule 1;

        (ii)   a disqualified person, means the same as it does in relation to
               a voting controller holding voting control, with the
               modification that any reference in the definition mentioned in
               subparagraph (i) to a voting  controller shall be construed as
               a reference to a disqualified person;

        (iii)  a licensee, means the same as it does in relation to a voting 
               controller which is a corporation holding voting control, with
               the modification that any reference in the definition mentioned
               in subparagraph (i) to a voting controller which is a
               corporation shall be construed as a reference to a licensee;

        (iv)   a person who exercises control of a licensee, means the same as
               it does in relation to a voting controller holding
               voting control, with the modification that any reference in the
               definition mentioned in subparagraph (i) to a voting controller
               shall be construed as a reference to a person who exercises
               control of a licensee;

   (b)  does not include a person who is not an associate in accordance with
        the provisions of a notice under subsection (2);

"Broadcasting Authority" (廣管局) means the Broadcasting Authority
established under section 3 of the Broadcasting Authority Ordinance ( Cap 
391);

"broadcasting service" (廣播服務) means-

   (a)  a domestic free television programme service;

   (b)  a domestic pay television programme service;

   (c)  a non-domestic television programme service; or

   (d)  an other licensable television programme service;

"Chief Secretary" (司長) means the Chief Secretary for Administration;

"Code of Practice" (業務守則) means a Code of Practice approved under
section  3 ;

"company" (公司) means the same as it does in the definition of "company" in
section 2(1) of the Companies Ordinance ( Cap 32);

"conditions" (條件), in relation to a licence, means the conditions
specified in the licence, the conditions specified in this Ordinance which are
applicable to the licence and the conditions specified in a notice under
section 10(3) which are applicable to the licence;

"corporation" (法團) means a company or other body corporate;

"decoder" (解碼器) means an apparatus, component part of an apparatus, or
other component in electronic or tangible form, which is designed or adapted
to enable (whether of its own or with any other apparatus) an encrypted
television programme service to be decoded;

"disqualified person" (不符合持牌資格人士) means the same as it does
in the
definition of "disqualified person" in Part 1 of Schedule 1;

"domestic free television programme service" (本地免費電視節目服務)
means a television programme service which-

   (a)  is intended or available for reception by the public free of charge in
        Hong Kong;

   (b)  is intended or available for reception by an audience of more than
        5000 specified premises; and

   (c)  primarily targets Hong Kong;

"domestic pay television programme service" (本地收費電視節目服務)
means a television programme service which-

   (a)  is intended or available for reception by the public, on payment,
        whether periodically or otherwise, of a subscription in Hong Kong;

   (b)  is intended or available for reception by an audience of more than
        5000 specified premises; and

   (c)  primarily targets Hong Kong;

"domestic premises" (住宅) means any premises which are constructed or
intended to be used for habitation;

"dominant position" (支配優勢) means dominant position construed in
accordance with section 14;

"exercise control" (行使控制) means the same as it does in Part 1 of
Schedule 1;

"function" (職能) includes a power and a duty;

"hotel room" (酒店房間) means accommodation within the meaning of
section 2(1) of the Hotel Accommodation Tax Ordinance ( Cap 348);

"influence" (影響、影響力) means the same as it does in the definition
of

"influence" in Part 1 of Schedule 1;

"let for hire" (出租) includes invite to let for hire;

"licence" (牌照) means a licence-

   (a)  granted under section 8(1) to provide a domestic free 
        television programme service or
        domestic pay television programme service; or

   (b)  granted under section 8(2) to provide a non-domestic television 
        programme service or an other licensable television programme service;

"licensee" (持牌人) means the holder of a licence;

"licensed service" (領牌服務) means a broadcasting service the subject of
a licence;

"material" (材料) includes pictures (whether moving or not), words, music
and other sounds, whether produced, spoken or made simultaneously or
otherwise;

"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;

   (b)  is published for sale or free distribution and 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
        2;

"non-domestic television programme service" (非本地電視節目服務)
means a television  programme service which-

   (a)  is-

        (i)    intended or available for reception by the public- (A) free of
               charge in Hong Kong; or (B) on payment, whether periodically or
               otherwise, of a subscription in Hong Kong; or

        (ii)   neither intended nor available for reception by the public- (A)
               free of charge in Hong Kong; or (B) on payment, whether
               periodically or otherwise, of a subscription in Hong Kong; and

   (b)  does not primarily target Hong Kong;

"offer for sale" (要約出售) includes invite to offer for sale;

"ordinarily resident in Hong Kong" (通常居於香港)-

   (a)  in relation to an individual, means-

        (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;

   (b)  in relation to a corporation, means a corporation which satisfies the
        following-

        (i)    if the number of directors who actively participate in its
               direction- (A) is 2, each is an individual; (B) is more than 2,
               each of a majority of them is an individual, for the time being
               ordinarily resident in Hong Kong in accordance with paragraph
               (a) and has been so resident for at least one continuous period
               of not less than 7 years; and

        (ii)   the control and management of the corporation is bona fide
               exercised in Hong Kong;

"other licensable television programme service"
(其他須領牌電視節目服務) means a television programme service which
is intended or available for reception-

   (a)  free of charge in Hong Kong or on payment, whether periodically or
        otherwise, of a subscription in Hong Kong; and

   (b)  either-

        (i)    subject to subsection (12), by an audience of not more than
               5000 specified premises; or

        (ii)   in hotel rooms;

"performance bond" (履約保證), in relation to a licensee, means a first
demand performance bond or bank guarantee-

   (a)  issued by a bank within the meaning of section 2(1) of the
        Banking Ordinance ( Cap 155);

   (b)  in favour of the Government; and

   (c)  which complies with the provisions of the notice under subsection (3)
        applicable to the licensee, to secure compliance by the licensee with
        any of its licence conditions;

"practicable" (切實可行) means reasonably practicable;

"prescribed Ordinance" (訂明條例) means-

   (a)  this Ordinance;

   (b)  the Telecommunications Ordinance ( Cap 106); or

   (c)  the Broadcasting Authority Ordinance ( Cap 391);

"principal officer" (主要人員) means the same as it does in the definition
of

"principal officer" in Part 1 of Schedule 1;

"provide" (提供), in relation to a broadcasting service, includes establish
and operate;

"public place" (公眾地方) means a place to which the public or a section
of the public may or are permitted to have access from time to time, whether
by payment or otherwise;

"representations" (申述) means representations in writing;

"restriction" (限制) includes restraint;

"specified" (指明), in relation to a form, means specified under section 41;

"specified premises" (指明處所) means any domestic premises, or
hotel room, in Hong Kong;

"subscription" (收看費) means a fee payable by or on behalf of any person
for the right to view a television programme service in Hong Kong;

"subsidiary" (附屬公司) has the same meaning as in the Companies Ordinance
( Cap 32);

"telecommunications" (電訊) means the same as it does in the definition of

"telecommunications" in section 2(1) of the Telecommunications Ordinance (
Cap 106);

"Telecommunications Authority" (電訊局長) means the Telecommunications 
Authority appointed under section 5 of the Telecommunications Ordinance (
Cap 106);

"television programme" (電視節目) means moving visual representational
images

(that is, images comprised within sequences of visual images capable of being
seen as moving images), or a combination of sounds and such images, that are
intended to inform, enlighten or entertain, but does not include visual images
that consist predominantly of alphanumeric text, data, graphs, charts,
diagrams or video games;

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

   (a)  subject to paragraph (b)-

        (i)    means the provision of a service that includes television 
               programmes for transmission by telecommunications- (A) that are
               readily accessible to, or made available to, the general public
               in or outside Hong Kong; or (B) to persons, in 2 or more
               specified premises, simultaneously or on demand, whether on a
               point-to-point or a point-to-multipoint basis, or any
               combination thereof, having equipment appropriate for receiving
               that service; and

        (ii)   includes a service, or a service belonging to a class of
               services, which is a television programme service in accordance
               with the provisions of a notice under subsection (5)(a);

   (b)  does not include the provision of a service that-

        (i)    consists only of a television programme that is made solely for
               performance or display in a public place;

        (ii)   consists only of a television programme that is intended wholly
               or mainly for the purposes of the trade, business, employment
               or profession of the recipient (but excluding a
               television programme delivered to hotel rooms);

        (iii)  consists only of a service that is specified in Schedule 3; or

        (iv)   is a service, or a service belonging to a class of services,
               which is not a television programme service in accordance with
               the provisions of a notice under subsection (5)(b);

"television programme service locking device" (鎖碼裝置) means a device
which enables a person to whom a television programme service is or is to be
provided to control access to the service;

"unauthorized decoder" (未經批准的解碼器) means a decoder by means of
which encrypted television programmes or encrypted
television programme services provided under a licence can be viewed in
decoded form without payment of a subscription where a subscription is
required to be paid; (Added 8 of 2004 s. 2)

"voting control" (表決控制權) and "voting controller" (表決控權人)
mean the same as
they do in the definitions of "voting control" and "voting controller"
respectively in Part 1 of Schedule 1;

"voting share" (有表決權股份), in relation to a corporation, means a
share which entitles the registered owner of the share to vote at meetings of
the shareholders of the corporation.

(2) The Broadcasting Authority may, by notice in the Gazette, declare that
persons specified in the notice are not associates if the
Broadcasting Authority specifies in the notice that it is satisfied that-

   (a)  the persons do not act together in any relevant dealing relating to a
        licensee or disqualified person; and

   (b)  each person is not in a position to exert influence over the business
        dealings of the other person in relation to that licensee or
        disqualified person.

(3) The Chief Executive in Council or the Broadcasting Authority, as the case
may require, may, by notice in writing, specify the form and the amount of a
first performance bond or bank guarantee mentioned in the
definition of "performance bond" in subsection (1).

(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 on a point-to-multipoint basis means that a transmission
        is between one point and 2 or more other points;

   (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).

(5) The Chief Executive in Council may, by notice in the Gazette-

   (a)  declare a service, or a class of services, specified in the notice to
        be a television programme service, or a class of television 
        programme services, as the case may be;

   (b)  declare a service, or a class of services, specified in the notice not
        to be a television programme service, or a class of television 
        programme services, as the case may be.

(6) Any reference in this Ordinance to the performance of a function shall be
construed as including the exercise of a power or the performance of a duty,
as the case may require.

(7) Where, in relation to a corporation, 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 interest to the exclusion of the other
persons.

(8) For the purposes of this Ordinance-

   (a)  Schedules 1 and 4, unless otherwise stated, shall have effect to and
        in relation to a domestic free television programme service,
        domestic free television programme service licence and domestic free 
        television programme service licensee;

   (b)  Schedules 1 and 5, unless otherwise stated, shall have effect to and
        in relation to a domestic pay television programme service,
        domestic pay television programme service licence and domestic pay 
        television programme service licensee;

   (c)  Schedule 6, unless otherwise stated, shall have effect to and in
        relation to a non-domestic television programme service, non-domestic 
        television programme service licence and
        non-domestic television programme  service licensee;

   (d)  Schedule 7, unless otherwise stated, shall have effect to and in
        relation to an other licensable television programme service, other 
        licensable television programme service licence and other licensable 
        television programme service licensee.

(9) For the avoidance of doubt, it is hereby declared that-

   (a)  a television programme service includes any advertisements comprised
        within the service;

   (b)  a notice under subsection (2) or (3) is not subsidiary legislation;

   (c)  a notice under subsection (5) is subsidiary legislation;

   (d)  where a condition specified in a licence makes any reference to an
        approval by or of the Broadcasting Authority or the
        Telecommunications  Authority (or words to the like effect), then that
        approval may be given subject to such conditions as the
        Broadcasting Authority or the Telecommunications Authority, as the
        case may be, thinks fit;

   (e)  a provision of this Ordinance which requires information or a document
        to be disclosed or otherwise given to the Broadcasting Authority or
        any other person does not operate to require a person to disclose or
        otherwise give any information or document which the person could not
        be compelled to disclose or otherwise give in evidence in civil
        proceedings before the Court of First Instance.

(10) Subsection (9)(e) shall not apply to the disclosure by a solicitor of the
name and address of a client of the solicitor.

(11) In exercising their powers under this Ordinance, the
Broadcasting Authority and the Telecommunications Authority shall-

   (a)  when forming an opinion or making a determination, direction or
        decision under this Ordinance, only do so on reasonable grounds and
        having regard to relevant considerations;

   (b)  when forming an opinion or making a determination, direction or
        decision under this Ordinance, provide reasons in writing for it.

(12) The Broadcasting Authority may, by notice in writing served on the
licensee, or the person seeking to be a licensee, concerned, waive the
requirement specified in paragraph (b)(i) of the definition of "other
licensable television programme service" if the Broadcasting Authority is
satisfied that the other licensable television programme service concerned is
only intended or available for reception by a single housing estate.

(13) In this Ordinance-

        (a)	a reference to "telecommunications" includes 


"telecommunication";

        (b)	a reference to "Telecommunications" includes 


"Telecommunication".

"associate" (相聯者)

"Broadcasting Authority" (廣管局)

"broadcasting service" (廣播服務)

"Chief Secretary" (司長)

"Code of Practice" (業務守則)

"company" (公司)

"conditions" (條件)

"corporation" (法團)

"decoder" (解碼器)

"disqualified person" (不符合持牌資格人士)

"domestic free television programme service" (本地免費電視節目服務)

"domestic pay television programme service" (本地收費電視節目服務)

"domestic premises" (住宅)

"dominant position" (支配優勢)

"exercise control" (行使控制)

"function" (職能)

"hotel room" (酒店房間)

"influence" (影響、影響力)

"let for hire" (出租)

"licence" (牌照)

"licensee" (持牌人)

"licensed service" (領牌服務)

"material" (材料)

"newspaper" (報刊)

"non-domestic television programme service" (非本地電視節目服務)

"offer for sale" (要約出售)

"ordinarily resident in Hong Kong" (通常居於香港)

"other licensable television programme service"
(其他須領牌電視節目服務)

"performance bond" (履約保證)

"practicable" (切實可行)

"prescribed Ordinance" (訂明條例)

"principal officer" (主要人員)

"provide" (提供)

"public place" (公眾地方)

"representations" (申述)

"restriction" (限制)

"specified" (指明)

"specified premises" (指明處所)

"subscription" (收看費)

"subsidiary" (附屬公司)

"telecommunications" (電訊)

"Telecommunications Authority" (電訊局長)

"television programme" (電視節目)

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

"television programme service locking device" (鎖碼裝置)

"unauthorized decoder" (未經批准的解碼器)

"voting control" (表決控制權) and "voting controller" (表決控權人)

"voting share" (有表決權股份)