C634
Special
conditions of licence
Exceptions to special
conditions of licence
TELEVISION (AMENDMENT) BILL 1988
whom shall be a person who satisfies the requirements of para- graph (b) as to residence";
(c) in paragraph (e) by repealing "be Commonwealth citizens ordina- rily resident in Hong Kong" and substituting "each be a person who satisfies the requirements of paragraph (b) as to residence"; and
(d) by repealing paragraph (h) and substituting-
"(h) the articles of association of the company shall (with the necessary modifications) include a provision similar to the provisions of section 17D(1) and (2) and provide that the company shall, before registering the transfer, allot- ment or issue of any of its voting shares, require to be furnished to it a declaration signed by or on behalf of the transferee or the person to whom the shares are to be allotted or issued stating-
(i) whether or not the transferee or such person is the nominee of any person or of a company or other body corporate;
(ii) in the case the transferee or such person is an individual, whether or not the person is, on the date of the transfer, allotment or issue, ordinarily resident in Hong Kong and whether or not the person has been so resident for at least one continuous period of 7 years or in case the transferee or such person is a company or other body corporate, whether or not the body is a company ordinarily resident in Hong Kong or, where appropriate, is, by virtue of section 2(2), to be regarded as being a company so resident;
(iii) if the individual was not so resident or if the company or other body is not ordinarily resident in Hong Kong or is not, by virtue of section 2(2), to be regarded as being a company so resident, whether or not, the transferee or the person to whom the shares are to be allotted or issued, taking the transfer, allotment or issue into account, has a relevant interest in 2 per cent or more of the voting shares of the company and where the transferee or such person has a relevant interest in that percentage or more, also stating the number and percent- age of such shares in which he has such interest;".
7. Section 11(1) is amended by repealing paragraph (c) and sub- stituting-
"(c) shall refuse to register the allotment, issue or transfer of any voting shares of the licensee if to do so would, or would be likely to, contravene section 17B, 17C or 17D; and”.
8.
Section 11A is amended by repealing subsection (2) and sub-
stituting―
"(2) Without prejudice to any action which may be taken against a licensee under section 13A, 14 or 37, if because of the registration by the licensee of a transfer, allotment or issue of shares the requirements of section 17C are contravened, whether the registration has been effected by the licensee or not, the licensee shall-