1973-HKRS28-16-21_Part01 — Page 17

(d) a person who exercises control of a com-

pany specified in paragraph (b) or (c); "exercise control of a company" means-

(a) to hold office in that company; or (b) to be the beneficial owner of more than 15 per cent of the voting shares of that company:

Provided that a person shall not be a dis- qualified person in relation to a company which is a licensee by reason only that he holds office in, or more than 15 per cenr of the voting shares in, that company?" and

(6) by inserting the following after the definition of

"material"-

"ordinarily resident in Hong Kong" includes-

(CAD. 12J

(a) in the case of a person-

(i) residence in Hong Kong for not less than 180 days in any calendar year; or

(ii) residence in Hong Kong for not less Ihan 300 days in any 2 consecutive calendar years; and

(b) in the case of a company, a company-

(i) which is formed and registered in Hong Kong under the Companies Ordin-

aDoct

(ii) of which the majority of the directors participating actively in the direction of the company are British subjects ordinarily resident in Hong Kong as defined in para- graph (o); and

(iii) the control and management of which is bona fide exercised in Hong Kong:"

Section 3 of the principal Ordinance is amended-

(a) in subsection (1)(c), by deleting "two" and substituting

the following-

"three"; and

(b) in subsection (7), by deleting "three" and substituting

the following-

"four".

3

4. Section 6 of the principal Ordinance is amended by deleting paragraph (d) and substituting the following --

"(d) to submit to the Governor at least once during each period of 18 months a report on the progress of televi- sion broadcasting in Hong Kong, which report shall be tabled before the Legislative Council.”.

5.

Section 7 of the principal Ordinance is repealed and replaced by the following-

"Applica- tion for

6.

(a)

7. (1) Any company complying with section 10 may apply in writing in a form determined by the Television Authority for a licence to broadcast.

(2) An application under Bubsection (1) shall be submitted to the Government at such place and within such time as may be determined by the Tele- vision Authority in any particular case.”.

Section 8 of the principal Ordinance is amended- in subsection (2)—

(i) by deleting "section II" and substituting the following-

"this Ordinance"; and

(ii) by deleting "prescribed application form as com- pleted and submitted by the licensee under section 7" and substituting the following--

"application form submitted by the licensee under section 7":

(b) in subsection (3), by inserting the following after "that

Ordinance"-

"for the purposes of establishing and operating a television broadcasting service and such associated telecommunication services ancillary thereto as may be authorized by the Telecommunications Author- ity"; and

(c) by inserting the following after subsection (3)—–—–

"(3A) Save in so far as a licensee shall not (cap. 108. be required to obtain a licence under the Telecom- munication Ordinance to establish and operate any associated telecommunication service ancillary to the operation of a television broadcasting service be shall comply at all times with the provisions of that Ordinance which relate to the establishment and operation of a television broadcasting service

and any associated telecommunication service

ancillary thereto.".

Amendment of section 6.

Repeal and replacement of section 7.

Amendment of section 8.

Amendment of section 5.

3.