Hong Kong Ordinances

BROADCASTING ORDINANCE - SECT 3

Approval of codes of practice by Broadcasting Authority

PART II

CODES OF PRACTICE AND GUIDELINES

(1) Subject to subsection (8), for the purpose of providing practical guidance
for licensees in respect of any requirements under this Ordinance imposed on
licensees or in respect of licence conditions, the Broadcasting Authority may-

   (a)  approve and issue such codes of practice (whether prepared by it or
        not) as in its opinion are suitable for that purpose; and

   (b)  approve such codes of practice issued or proposed to be issued
        otherwise than by it as in its opinion are suitable for that purpose.

(2) Where a code of practice is approved under subsection (1), the
Broadcasting Authority shall, by notice in the Gazette-

   (a)  identify the code concerned and specify the date on which its approval
        is to take effect; and

   (b)  specify for which of the requirements under this Ordinance or licence
        conditions the code is so approved.

(3) The Broadcasting Authority may-

   (a)  from time to time revise the whole or any part of any code of 
        practice prepared by it under this section; and

   (b)  approve any revision or proposed revision of the whole or any part of
        any code of practice for the time being approved under this section,
        and the provisions of subsection (2) shall, with the necessary
        modifications, apply in relation to the approval of any revision under
        this subsection as they apply in relation to the approval of a
        code of  practice under subsection (1).

(4) The Broadcasting Authority may at any time withdraw its approval from any
code of practice approved under this section.

(5) Where under subsection (4) the Broadcasting Authority withdraws its
approval from a code of practice approved under this section, it shall, by
notice in the Gazette, identify the code concerned and specify the date on
which its approval of it is to cease to have effect.

(6) References in this Ordinance to a "Code of Practice" are references to
that code as it has effect for the time being by virtue of any revision of the
whole or any part of it approved under this section.

(7) The power of the Broadcasting Authority under subsection (1)(b) to approve
a code of practice issued or proposed to be issued otherwise than by it shall
include power to approve a part of such a code and,
accordingly, in this Ordinance "Code of Practice" may be read as including a
part of such a code.

(8) The Broadcasting Authority shall, before approving a code of  practice
under subsection (1) or any revision or proposed revision of the code under
subsection (3), consult with-

   (a)  such bodies representative of licensees to which the code or the code
        as so revised, as the case may be, will apply (whether in whole or in
        part); and

   (b)  in so far as the code or the code as so revised, as the case may be,
        relates to the technical standards of a broadcasting service, the
        Telecommunications Authority, as it thinks fit.

(9) For the avoidance of doubt, it is hereby declared that different codes of
practice may be approved under subsection (1) for different classes of
licensees, and may be so approved for the same or different requirements
mentioned in that subsection or licence conditions.