XN000022-1993-03-31 — Page 64

WEDNESDAY, MARCH 31, 1993

48

MR SO ALSO SAID THE EXCELLENT PROGRESS MADE IN PROCESSING THE TAB HAS DISPENSED WITH THE NEED FOR THE GOVERNMENT ΤΟ TRANSITIONAL LICENCE FOR SUBSCRIPTION TELEVISION.

ISSUE A

HE

PROPOSED AMENDMENTS TO EXPUNGE FROM THE BILL ALL

REFERENCE

TO THE "TRANSITIONAL" LICENCE.

GOVERNOR

MR SO ALSO SPELT OUT THE PARAMETERS WITHIN WHICH THE IN COUNCIL MAY INVOKE THE POWER TO AMEND ANY OF THE CONDITIONS IN THE LICENCES HE GRANTS.

"IT IS POSSIBLE TO ENVISAGE SOME GENERAL AREAS MENTIONED IN LICENCE CONDITIONS WHICH MIGHT BE SUBJECT NEITHER TO REGULATIONS MADE UNDER THE ORDINANCE, NOR TO CODES OF PRACTICE ISSUED BY THE BA, HE SAID.

...

"EXAMPLES OF SUCH AREAS IN RELATION TO SUBSCRIPTION TELEVISION WOULD INCLUDE QUALITY CONTROL AND PROGRAMME LINE-UPS, ROLL OUT AND TRANSMISSION PROVISIONS, MINIMUM BROADCASTING HOURS, CUSTOMER SERVICE AND THE LICENSEE'S PROCEDURES FOR DEALING WITH COMPLAINTS

ETC," HE SAID.

"ANOTHER AREA IN WHICH WE WOULD BE VIGILANT IS TO COUNTER TRANSACTIONS ON THE PART OF THE LICENSEE TO AVOID OR CIRCUMVENT THE SPIRIT OR INTENTION OF THE LICENCE, HE ADDED,

14

**THESE WOULD BE SOME AREAS WHERE, IF THE NEED WERE ΤΟ ARISE, THE -ONLY MEANS TO ACHIEVE A RESULT THAT WOULD BE JUSTIFIABLE IN THE PUBLIC INTEREST WOULD BE BY AMENDING CONDITIONS IN THE LICENCE, MR SO SAID.

"

IN THE EVENT AMENDMENTS ARE TO BE MADE TO ANY OF THE LICENCE CONDITIONS, THE LICENSEE WOULD BE ENTITLED TO BE CONSULTED, TO MAKE REPRESENTATION TO THE GOVERNOR IN COUNCIL, AND TO HAVE THE LAST SAY TO THE GOVERNOR IN COUNCIL ON RECOMMENDATIONS PUT TO THE COUNCIL.

MR SO ALSO PROPOSED AN AMENDMENT TO THE TAB SO THAT THE SAME OP CROSS-MEDIA OWNERSHIP RULES WILL APPLY TO ALL BROADCASTERS LICENSED UNDER THE TELEVISION ORDINANCE.

SET

THIS WILL RESULT IN ALL EXISTING AND PROSPECTIVE LICENSEES NOT BEING ALLOWED TO ACQUIRE MORE THAN 15 PER CENT OF THE SHARE CAPITAL OF ANY OTHER LICENSEE.

"THIS IS TO PREVENT ANY ONE BROADCASTING DOMINATING THE BROADCASTING INDUSTRY, MR SO ADDED.

LICENSEE

FROM

ANOTHER AMENDMENT TO THE TAB EMBODIED A FRAMEWORK PREVENT DAMAGE то PUBLIC HEALTH AND MORALS CAUSED BY TELEVISION PROGRAMMES ON THE ONE HAND AND TO PROTECT THE EXPRESSION ON THE OTHER.

DEVISED ΤΟ UNDESIRABLE FREEDOM OF

THE FRAMEWORK OUTLINES THE NATURE OF PROGRAMMES THE LICENSEE IS REQUIRED NOT TO BROADCAST, EMPOWERS THE 'A TO IMPOSE SANCTION IN CASE OF CONTRAVENTION, AND PROVIDES FOR THE CHIEF SECRETARY TO APPLY TO THE HIGH COURT TO PREVENT THE BROADCAST OF ANY PROGRAMME LIKELY TO CAUSE

DAMAGE.

/MR SO