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Ord. No. 52/89
BROADCASTING AUTHORITY (AMENDMENT)
(b) in relation to television broadcasting, a Code of Practice issued by the
Authority under section 20 or 28 of the Television Ordinance (Cap. 52); "licence" means--
(a) in relation to sound broadcasting, a licence granted under section 13C of
the Telecommunication Ordinance (Cap. 106);
(b) in relation to the Television Ordinance (Cap. 52), a licence granted under
section 8 of that Ordinance;
"licensee" means a company granted any such licence;".
Functions and powers of the Authority
3.
Section 9 is amended--
(a) by adding after subsection (1)(a)—
“(aa) to administer the provisions of Part IIIA of the Telecommunication Ordinance (Cap. 106) and, in particular and without limiting the generality of the foregoing, to exercise the functions assigned to it by or under that Ordinance, which include--
(i) the submission under section 13C of that Ordinance of recommendations to the Governor in Council concerning applica- tions for licences under section 13B of that Ordinance;
(ii) the submission under section 13E of that Ordinance of recommendations to the Governor in Council concerning the renewal or non-renewal of licences and the terms and conditions of renewal under that section;";
(b) in subsection (1)(b), by adding “and sound" after "television";
(c) in subsection (1)(c)—
(i) by adding "and sound" after "television"; and
(ii) by adding "or under Part IIIA of the Telecommunication Ordinance (Cap. 106)" after "Television Ordinance”; and
(d) in subsection (2), by repealing "the Television Ordinance" and substituting "or pursuant to this Ordinance, the Television Ordinance (Cap. 52) or Part IIĨA of the Telecommunication Ordinance (Cap. 106)”.
Consideration of complaints by the Complaints Committee
4.
Section 11 is amended-
(a) by repealing subsection (1)(a) and substituting
"(a) this Ordinance, the Television Ordinance (Cap. 52) or Part IIIA of the
Telecommunication Ordinance (Cap. 106); or";
(b) in subsection (2), by adding “or to a complaint concerning any script or sound recording supplied for sound broadcasting by the Government and broadcast by a licensee" after "Television Ordinance";
(c) in subsection (5), by adding "or imposed pursuant to a term or condition of a licence granted under section 13C of the Telecommunication Ordinance (Cap. 106)" after "Television Ordinance"; and
(d) in subsection (7), by adding “, by section 22 of this Ordinance or by any term or condition of a licence granted under section 13C of the Telecommunication Ordinance (Cap. 106) requiring a licensee to supply to the Authority on demand any material, including the script thereof, intended for broadcasting" after "Television Ordinance".
BROADCASTING AUTHORITY (AMENDMENT)
Delegation of powers, etc. to principal executive officer
Section 14(2) is amended—
5.
(a) by repealing paragraph (a) and substituting—
Ord. No. 52/89
A473
"(a) this section or section 10, 12, 15, 19, 21, or 24;"; and
(b) by adding after paragraph (a)——
Annual report
"(aa) section 13C or 13E of the Telecommunication Ordinance (Cap. 106);
or".
6. Section 15(1) is amended by repealing "television broadcasting" and substituting "television and sound broadcasting by licensees".
Indemnity
7. Section 16 is amended by adding ", Part IIIA of the Telecommunication Ordinance (Cap. 106)” after “Television Ordinance".
New Part IV added
8. The following Part is added after section 16——
Application
"PART IV
SOUND BROADCASTING LICENCES
17. This Part applies only in respect of sound broadcasting.
Governor in Council may issue directions to Authority
18. The Governor in Council may from time to time, in addition to regulations made under section 130 of the Telecommunication Ordinance (Cap. 106), issue directions not inconsistent with those regulations to the Authority regarding the standards of programmes or advertisements broadcast by licensee, including the content and balance of such programmes, and in such directions may require the Authority to direct a licensee under section 20 to comply with specified standards.
Codes of Practice
19. (1) The Authority may from time to time---
(a) issue Codes of Practice relating to standards of programmes and
advertisements broadcast by a licensee; and
(b) on the advice of the Telecommunications Authority, issue Codes of
Practice providing for the technical requirements with which a licensee shall comply in broadcasting.
(2) Codes of Practice issued under this section shall not be inconsistent with standards established by regulations made under section 130 of the Tele- communication Ordinance (Cap. 106).