A314
Ord. No. 49/87
BROADCASTING AUTHORITY
HONG KONG
No. 49 of 1987
BROADCASTING AUTHORITY
PART II
Ord. No. 49/87
A315
ESTABLISHMENT AND PROCEDURES OF THE BROADCASTING AUTHORITY
3.
There is hereby established a Broadcasting Authority which shall Establishment be a body corporate with perpetual succession and a common seal and in of the that name may sue and be sued.
4.
(1) The Authority shall consist of— (a) 3 public officers; and
Broadcasting Authority.
Membership of
Short title and
L.S.
I assent.
David WILSON,
Governor.
9 July 1987
An Ordinance to provide for the establishment and functions of a Broadcasting Authority and for matters incidental thereto or connected therewith.
[
Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.
PART I
PRELIMINARY
1. This Ordinance may be cited as the Broadcasting Authority commencement. Ordinance 1987 and shall come into operation on a day to be appointed by
the Governor by notice in the Gazette.
Interpretation.
(Cap. 52.)
2. In this Ordinance, unless the context otherwise requires—
"Authority" means the Broadcasting Authority established under section 3;
"broadcasting", "Code of Practice", "licence" and "licensee" have the meanings assigned to them respectively by section 2 of the Television Ordinance;
"Complaints Committee” and “Committee” mean the Complaints Commit-
tee appointed under section 10;
"principal executive officer" means the principal executive officer of the
Authority referred to in section 13.
(b) not less than 6 nor more than 9 persons ordinarily resident in Hong Kong and who have been so resident for at least 7 years, not being public officers,
appointed by the Governor.
(2) Subject to subsections (3), (4), (5) and (6), a member of the Authority other than a public officer shall hold office for such period, not exceeding 3 years from the date of his appointment, as is specified by the Governor and shall be eligible for reappointment.
(3) A member of the Authority may at any time, by notice in writing to the Governor, resign from the Authority.
(4) If any member of the Authority—
(a) has been absent from the meetings of the Authority without its
permission for a period longer than 3 months;
(b) becomes bankrupt or enters into a composition or scheme of arrangement with his creditors, within the meaning of the Bankruptcy Ordinance;
(c) becomes incapacitated by physical or mental illness;
(d) ceases to be ordinarily resident in Hong Kong; or
(e) is otherwise unable or unfit to discharge the functions of a member
of the Authority,
the Governor may by notice in writing declare his office as a member of the Authority to be vacant.
(5) Where any member of the Authority resigns or the office of any member otherwise becomes vacant before the expiry of his period of appointment, the Governor may appoint another person to hold office until the expiry of the period for which such member was originally appointed.
(6) Where any member of the Authority is precluded by temporary absence or incapacity from exercising the functions of a member for any period, the Governor may appoint another person to hold office in place of such member during that period.
(7) A member appointed under subsection (5) or (6) shall have the same rights, powers, duties and liabilities as if he had been appointed under subsection (1).
(8) For the purposes of this section a person shall be regarded as ordinarily resident in Hong Kong if he is resident in Hong Kong for not less than-
(a) 180 days in any calendar year; or
(b) 300 days in any 2 consecutive calendar years.
the Authority.
(Cap. 6.)
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