12
CAP. 106]
Telecommunication
[1989 Ed.
for the time being ordinarily resident in Hong Kong and each of them has at any time been resident for a continuous period of not less than 7 years; and
(iii) the control and management of which is bona fide exercised
in Hong Kong;
"subsidiary" means a company that is a subsidiary within the meaning of
section 2 of the Companies Ordinance (Cap. 32);
"voting shares" means shares in the company which entitle the shareholder to
vote at meetings of shareholders of the company.
(2) For the purposes of this Part a person exercises control of a company or corporation if he
(a) holds office in that company or corporation; or
(b) subject to paragraph (c), is the beneficial owner of more than 35% of the voting shares in that company or corporation; or
(c) in the case of a corporation that is a licensee, is the beneficial owner of more than 15% of the voting shares in that corporation.
(3) A person shall not be a disqualified person in relation to a corporation that is a licensee by reason only that he holds office in, or is the beneficial owner of more than 15% of the voting shares in, that corporation.
13B. Application for licence
Any corporation complying with section 13F may apply to the Broadcasting Authority in such form as the Broadcasting Authority may determine, for a licence to establish and maintain a broadcasting service.
13C. Grant of licence
(1) The Broadcasting Authority shall consider applications made under section 13B and make recommendations thereon to the Governor in Council.
(2) Having considered the recommendations made under subsection (1) in respect of an application for a licence to establish and maintain a broadcasting service, the Governor in Council may grant a licence to the applicant and such licence shall, without prejudice to this Ordinance or the Broadcasting Authority Ordinance (Cap. 391), be subject to the payment of such fee, royalty or other charge whatsoever, whether annual or otherwise, and to such terms and conditions as the Governor in Council may specify in the licence.
(3) Without prejudice to the generality of subsection (2), a licence may include-
(a) a condition that the Broadcasting Authority may require the licensee to refrain from broadcasting any programme or advertisement or any class of material which in the opinion of the