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Declarations offence

TELEVISION (AMENDMENT)

Ord. No. 72/88

A455

(5) For the purposes of subsection (1) a person shall not be held not to be a bare trustee in respect of any property by reason only

(a) that the person for whose benefit the property is held is not absolutely entitled thereto as against the trustee by reason only that he is an infant or is a person under a disability; or

(b) that the trustee has the right to resort to the property to satisfy any outstanding charge or lien or for the payment of any duty, tax, cost or other outgoing.

17M. A person who, in purported compliance with any obligation to make a declaration to which he is subject by virtue of this Ordinance, gives any information which he knows to be false in a material particular or recklessly gives information which is so false commits an offence and is liable on summary conviction thereof to a fine of $100,000.”.

15. Section 18 is amended by repealing subsection (4) and sub- Transmission stituting-

requirements

“(4) (a) A licensee shall, and shall only, transmit a broadcast in accordance with a transmission plan which for the time being is prepared for the purposes of this subsection by the Telecommunications Authority.

(b) A plan referred to in paragraph (a) may in particular include all or any of the following, namely, frequencies on, or within the limits of which, television broadcasts may be transmitted, the power or the maximum or minimum power at which such broadcasts are to be transmitted, provisions relating to the location of transmitters used to transmit such broadcasts (including provisions prohibiting the location of such trans- mitters in specified places or in places which are of a specified class or description), provisions requiring or prohibiting the use of specified antenna radiation patterns in the transmission either of such broadcasts in general or of such broadcasts which are of a specified class or description and provisions specifying the height or the maximum or minimum height of antennae used in such transmission.

(5) A licensee shall not activate, energise or otherwise operate any transmitter or antenna system otherwise than in accordance with a condition attached to the relevant licence.

(6) A condition which relates to the matters referred to in subsection (5) shall not be attached to a licence unless the terms of the condition have previously been approved of by the Telecommunica- tions Authority, and approvals under this subsection may be given by the Telecommunications Authority either as regards transmitters or antenna systems generally or as regards transmitters or antenna systems which are of a particular class or description specified in the approval.".

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