1980-HKRS28-16-28_Part05 — Page 38

Authenticated Laws 確真本香港法例 All

Adrodden af pection 11A.

J.

Amendment of weetfox 33.

Addidon ot

név köctiomi 36A and ME.

2

Section 11A of the principal Ordinance is amended—

(a) in subsection (1)

O by inserting after paragraph (2) the following-

"or":

(1) by deleting "; or" at the end of paragraph (6) and sub- atituting a full stop; and

(ii) by deleting paragraph (c)

(b) in subsection (2), by deleting "paragraph (X)" and substituting

the following-

"paragraph (5)"; and

(c) in subsection (4), by deleting paragraph (2) and substituting the

following

"(a) the licensee shall, on or before the expiration of 4 years after the date of first renewal of its licence and at all times thereafter, ensure that not less than $1 per cent of the voting shares of the company are beneficially owned at all times by persons or companies ordinarily resident in Hong Kong:*.

Section 33 of the principal Ordinance is amended by inserting after subsection (1) the following-

*(LA) A licensee who is required to supply material under sub- section (1) shall either-

(a) supply the material in a form specified by the Television

Authority; or

(8) make available on demand without charge such of its equip- ment as is necessary to enable the Television Authority to view the material.”.

5. The principal Ordinance is amended by adding, after section 36, the following-

"Board to consul: affected Beecken

Appeal to the Secretary for Home Albin,

36A. (1) Subject to subsection (2), before advising the Television Authority to prohibit any broadcast under see tion 35(1) or 36 the Board shall consult with, and conuider any representations made to it by, way licensee who in the opinion of the Board will be affected by any prohibition imposed thereander.

(2) Where the Board thinks fit, it may, pending con- sultation and consideration in pursuance of subsection (1), advise the Television Authority to prohibit temporarily any broadcast under section 35(1) or 36.

36B. (1) A licensee who is aggrieved by a probibition imposed under section 35(1) or 36 may appeal by notice in writing to the Secretary for Home Affairs within 14 days after the date on which it is notified of the prohibition and such notice shall set out particulars of the probibition to which the appeal relates and state the grounds of the appeal.

(2) The Secretary for Home Affairs shall send & copy of the notice of appeal to the Television Authority who shall within 7 days after receipt thereof furnish to the Secretary the reason for imposing the probibition.

6.

3

(3) The Secretary for Home Affairs shall appoint a time and place for the hearing of the appeal and shall give no! less than 14 days' notice in writing thereof to the appellant and to the Television Authority,

(4) At the bearing of any appeal under this section the Secretary for Home Affairs shall hear and cousider all ovidence tendered and representations made by or on behalf of the appellant and the Television Authority whether or not the same would be admisible as evidence in legal proceedings.

(5) The Secretary for Home Affairs may determine an appeal by confirming, varying or reversing any prohibition appealed against.

(6) In matters not expressly provided for in this section the procedure at the bearing of an appeal before the Secre- tary for Home Affairs shall be such as he may determine.

(7) Where an appeal is lodged under this section the prohibition appealed against shall be complied with until The determination of the appeal.".

Section 38 of the principal Ordinance is amended-

(a) to subsection (1) by inserting after "Ordinance,” the following--

"or is aggrieved by a decision of the Secretary for Home Affairs under section 36B.";

(8) by inserting after subarction (2) the following-

7.

"(3) Where an appeal is todged under this section against anything contained in any Code of Practice, or any direction issued by the Television Authority or any decision of the Television Authority or any decision of the Secretary for Home Affairs such thing, direction or decision shall be com- plied with until the appeal is determined by the Governor in Council.TM,

Asadment Of ACCUCA 38.

Section 39(2) of the principal Ordinance is amended by inserting Amendraces of after "Authority" the following-

"or any decision of the Secretary for Home Affairs".

8.

Section 40 of the principal Ordinance is amended-

(a) in subsection (1) by deleting "such form as he may prescribe"

and substituting the following→

"a form specified by him"; and

(b) by inserting after subsection (2) the following-

"(2A) Without prejudice to subsection (}, a licensee shall submit to the Television Authority in a form specified by him a return showing-

(4) particulars of every change of the directors and office holders of the licensee company, within 7 days after the change occurs;

(b) the name and place of residence of every person who on 31 December 1980 is registered as the holder of 5 per cent or more of the voting shares of the Licensed company, within 7 days after that date;

section 39.

Amendment of kecelo. 40,

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