Determina- tion of appeal.
Licensee to submit returns.
Calculation and
payment
of royalty.
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(2) Any person named in an order prohibiting the licensee from broadcasting material rendered, passed or selected by such person may appeal to the Governor in Council by way of petition against the order so naming him made under section 36.
39. (1) In determining an appeal the Governor in Council may receive advice and information from any source including the Television Authority without disclosing the same to the appellant, who shall not be entitled to make any representations other than his petition.
(2) The Governor in Council may determine an appeal by con- firming, varying or reversing any order or direction of the Television Authority or by amending any Code of Practice.
40. (1) A licensee shall submit to the Television Authority not later than the month of April in each year a return in such form as he may prescribe showing-
(2) the names of the directors and office holders in the licensee
company:
(b) the names of the beneficial owners of the voting shares in the
licensed company.
(2) A licensee shall submit at the same time as the return made under subsection (1) a statutory declaration made by at least two direc- tors of the licensee company showing whether or not any disqualified person has exercised any control in the licensee company during the year immediately preceding. The tem disqualified person shall have the meaning attributed to it in subsection (3) of section 11.
(3) A licensee shall submit to the Television Authority on demand such other information as he may consider that be requires for the purposes of exercising his functions under this Ordinance.
41. The following provisions shall apply to the calculation and payment of royalty-
(a) the royalty shall be payable in respect of the gross takings for the accounting year of each licensee on such sliding scale as may be specified in the licence:
Provided that where the licence does not commence on the first day of the accounting year of the licensee, the royalty payable for the period between the commencement of the licence and the first day of the accounting year next ensuing and for the period between the last day of the accounting year immediately preceding the termination of the licence and the date of such termination shall be calculated after reducing the amount of the gross takings on each step of the sliding
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scale in the proportion which the number of days in each such period bears to the number of days in the year in which each such period falls:
(B) the royalty shall be paid in respect of every period of three
months (hereinafter referred to as the payment period); Provided that-
() the payment period immediately preceding the beginning of the accounting year of the licensee shall be reduced in such manner that the next payment period shall commence on the first day of the accounting year; and
(i) the payment period immediately preceding the termina- tion of the licence shall be reduced in such manner that it ends on the date of such termination;
(c) the first payment period shall commence on the day on which
the licence commences;
(d) the royalty shall be paid within one month of the end of each
payment period;
(e) the Financial Secretary may determine the provisional royalty to be paid in respect of the first payment period in which the licensee receives any takings;
(f) subject to paragraph (e) the royalty paid for each payment
period shall be either-
(i) calculated on the gross takings for such payment period after reducing the amount of the gross takings on each step of the sliding scale in the proportion which the number of days in such payment period bears to the number of days in the year: or
(ii) a provisional sum which shall be the sum payable in respect of the previous payment period as adjusted in accord- ance with paragraph (g);
(g) where a provisional royalty is paid for any payment period it shall be adjusted, and a further payment shall be made or a refund allowed when payment becomes due in respect of the next ensuing payment period;
(A) in respect of the payment period on the expiry of which the licence terminates all gross takings earned by the licensee during the subsistence of the licence, and not already brought into account under these provisions, shall be deemed to be payable or accruing during such last payment period:
(0) at the close of each accounting year royalties paid in respect of the payment periods in such accounting year shall be adjusted by reference to the audited accounts furnished under