Application
for licence.
Grant of licences.
(6) to submit proposals and recommendations to the Governor in
Council with regard to-
(i) technical, programme and advertising standards; and (ii) the renewal or revocation of licences;
(c) to conduct enquiries into such matters as may be referred to it by the Governor in Council or the Television Authority; and (d) to publish reports on the progress of television.
PART III
LICENCE TO BROADCAST.
7.
Any company complying with the provisions of section 10 may apply in the form prescribed by the Television Authority and approved by the Governor in Council for a licence to broadcast.
8.
(1) The Governor may appoint such persons as he thinks fit to consider applications and to make recommendations thereon to the Governor in Council.
(2) Having considered the recommendations submitted under sub- section (1) the Governor in Council may grant a licence which shall be subject, în addition to the conditions set out in section II, to such conditions as he may specify, which conditions may include any matter contained in the prescribed application form as completed and sub- mitted by the licensee under section 7.
(3) A licence granted under this section shall for the purpose of (46 of 1962). section 8 of the Telecommunication Ordinance, 1962, be deemed to be
a licence granted by the Governor in Council under that Ordinance.
Number and term of licences.
9. (1) Only one licence may be granted in the first instance, and such licence shall confer an exclusive right to broadcast for a period of five years from its commencement. Such exclusive right shall relate only to commercial broadcasting and shall not be infringed by non- commercial broadcasting by Government.
(2) Such Brst licence shall be for a term of lifteen years subject to the same being renewed under section 13 at the expiry of each tive year period.
(3) Licences shall commence on a date to be specified by the Governor in Council, not being a date earlier than that nominated by the licensee when submitting his application.
(4) Licences, other than the first licence, granted or renewed under section 8 or 13 shall be for such term as the Governor in Council may order.
clauses to
10. (1) A licence may be granted only to a company formed and Entrenched registered under the Companies Ordinance, whose memorandum and ensure articles of association contain clauses (hereinafter referred to as the lensee is a
British entranched clauses) to provide for the following-
owned Hoag Kang company. (Cap. 32).
(a) the majority of the directors shall be British subjects ordinarily
resident in Hong Kong;
(6) the majority of directors required under paragraph (2) shall participate actively in the direction of the company and shall constitute a majority of any quorum required for a meeting of directors:
(c) the principal officers, which term shall include the officer responsible for the selection of programmes, shall be British subjects ordinarily resident in Hong Kong:
(d) in these entrenched clauses—
"ordinarily resident" means residence of not less than one hundred and eighty days in any calendar year or not less than three hundred days in any two consecutive calendar years.
(2) Notwithstanding any provisions in any enactment or in the memorandum and articles of association relating to amendment or any other provisions thereto enabling the entrenched clauses may not be amended without the prior consent in writing of the Television Authority.
(3) The requirements of this Ordinance concerning a licensee shall apply to the licensee in addition to, and notwithstanding any conflict with, the provisions of the Companies Ordinance.
11. (1) A licence shall contain the following conditions- (a) the licensee shall comply with such clauses as are required to be contained in its memorandum and articles of association under section 10:
(b) the licensee shall pay to the Government such royalty as the Governor in Council may prescribe, and such royalty shall be calculated and paid in the manner prescribed in section 41; (c) the licence may be assigned only with the prior consent of the
Governor in Council;
(Cap. 32)
Special pro- Yions to be
included in
licence.