6
CAP. 52]
Television.
[1964 Ed.
Entrenched
clauses to ensure licensee is a British owned Hong Kong
company. (Cap. 32.)
(Cap. 32.)
Special provi- sions to be included in licence.
(2) Such first licence shall be for a term of fifteen years subject to the same being renewed under section 13 at the expiry of each five year period.
(3) Licences shall commence on a date to be specified by the Governor in Council, not being a date earlier than that nominated by the licensee when submitting his application.
(4) Licences, other than the first licence, granted or renewed under section 8 or 13 shall be for such term as the Governor in Council may order.
10. (1) A licence may be granted only to a company formed and registered under the Companies Ordinance, whose memoran- dum and articles of association contain clauses (hereinafter referred to as the entrenched clauses) to provide for the following-
(a) the majority of the directors shall be British subjects
ordinarily resident in Hong Kong;
(b) the majority of directors required under paragraph (a) shall participate actively in the direction of the company and shall constitute a majority of any quorum required for a meeting of directors;
(c) the principal officers, which term shall include the officer responsible for the selection of programmes, shall be British subjects ordinarily resident in Hong Kong;
(d) in these entrenched clauses-
"ordinarily resident" means residence of not less than one hundred and eighty days in any calendar year or not less than three hundred days in any two consecutive calendar years.
(2) Notwithstanding any provisions in any enactment or in the memorandum and articles of association relating to amendment or any other provisions thereto enabling the entrenched clauses may not be amended without the prior consent in writing of the Television Authority.
(3) The requirements of this Ordinance concerning a licensee shall apply to the licensee in addition to, and notwithstanding any conflict with, the provisions of the Companies Ordinance.
11. (1) A licence shall contain the following conditions-
(a) the licensee shall comply with such clauses as are required to be contained in its memorandum and articles of association under section 10;
(b) the licensee shall pay to the Government such royalty as the Governor in Council may prescribe, and such royalty shall be calculated and paid in the manner prescribed in section 41;