Hong Kong Ordinances

BROADCASTING ORDINANCE - SECT 42

Regulations

(1) The Chief Executive in Council may by regulation-

   (a)  in relation to a licence, specify requirements, additional to those
        specified elsewhere in this Ordinance, with respect to the control,
        whether direct or indirect, to be exercised over the provision of
        television programme services, the board of directors, or property
        used or kept by the licensee in connection with its licensed service
        by any other person;

   (b)  empower the Broadcasting Authority to waive or dispense with the
        requirements mentioned in paragraph (a) generally or in a particular
        case on the grounds specified in the regulation;

   (c)  in relation to a domestic free television programme service licence or
        domestic pay television programme service licence, specify
        requirements, additional to those specified elsewhere in this
        Ordinance, with respect to the beneficial ownership or control,
        whether direct or indirect, of any of the voting shares in the
        licensee;

   (d)  for the purposes of securing compliance with Parts 3 and 4 of Schedule
        1 by a domestic free television programme service licensee, make
        provision for-

        (i)    matters relating to voting controllers under that Schedule; and

        (ii)   the holding, acquisition or disposal of rights, titles and
               interests to or in voting shares in a licensee;

   (e)  specify television programme and advertising standards, including,
        without limitation, restrictions on the time of day when
        television programme and advertisements may be provided, and may do so
        for different licensees and different broadcasting services;

   (f)  prescribe anything that may be prescribed under this Ordinance;

   (g)  provide for any matter incidental or ancillary to or necessary to give
        effect to any matter referred to in paragraph (a), (b), (c), (d),

   (e)  or (f).

(2) Subject to subsection (3), regulations under subsection (1) shall be
subject to the approval of the Legislative Council.

(3) Subject to subsection (4), subsection (2) shall not apply to regulations
under subsection (1)(f) or regulations under subsection (1)(g) to the extent
that they relate to subsection (1)(f).

(4) Subsection (3) shall not apply to regulations relating to section 13(4)(b)
or (5)(b).

(5) Subject to subsection (6), any regulation under this section may provide
that a contravention of a specified provision of any regulation under any
provision of this section shall be an offence punishable-

   (a)  on summary conviction to a fine at level 5 and to imprisonment for 6
        months; and

   (b)  on conviction on indictment to a fine at level 6 and to imprisonment
        for 12 months.

(6) Regulations under subsection (1)(d) may provide that a contravention of a
specified provision made thereunder shall be an offence punishable with a fine
not exceeding $1000000 and a term of imprisonment not exceeding 2 years.