(d)
the risk of rekindling the theory",
so-called "conspiracy
the BA is of the view, with which the Administration agrees, that the additional clause on the grounds of public interest should not be introduced.
6
In the context of this exercise, the BA has re-examined the existing provisions for the revocation of a licence, in particular, the requirement under Section 14(2) that 18 months notice must be given. The
The BA considers that this allows too long a period for
for a licensee to continue to broadcast after the Governor in Council has decided that there is sufficient "cause" to revoke the licence under Section 14(1). The BA therefore recommends that the reference to 18 months' notice in Sections 14(1) & (2) of the Television Ordinance be deleted. This recommendation is supported.
Ownership and Control by a Holding Company (Recommendations (b) (c))
7
its
-
The Broadcasting Review Board (BRB) recommended in report in August 1985 that the corporate structure of HK-TVB Ltd. and ATV Holdings Ltd. should be broken up so that the licensee companies would not be held by a holding company over which the Government had no effective control.
8
On 8 July 1986, having considered
BR B's recommendations discussed in XCC (26) 122, Council advised that the structure, ownership and control of television licensees should be in accordance with existing policy and the spirit of existing legislation. The BA holds the view that the existing corporate structure of the two television licensee companies (corporate charts at Annex D), whereby the licensee companies are each held by a holding company which has a network of other subsidiary companies, is not in compliance with the spirit of the existing policy and legislation. Sections 10 and 11 of the Television Ordinance (Annex E)
E) clearly stipulate that the only business of a licensee company should be in television broadcasting and it should not hold subsidiary companies conducting businesses not directly associated or connected with television broadcasting. The corporate structure of HK-TVB Ltd. is designed to nullify these provisions. While the licensee itself is subject to the above control, the holding company, HK-TVB Ltd., has been conducting businesses so prohibited.
이미
Page 285Page 286