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Section
BROADCASTING AUTHORITY
Ord. No. 49/87
A313
BROADCASTING AUTHORITY ORDINANCE 1987
ARRANGEMENT OF SECTIONS
Page
PART I
PRELIMINARY
1.
Short title and commencement
2.
Interpretation
A314
A314
PART II
ESTABLISHMENT AND PROCEDURES OF THE BROADCASTING AUTHORITY
3.
Establishment of the Broadcasting Authority
A315
4.
Membership of the Authority
A315
5.
Chairman and vice-chairman
A316
6.
Meetings
A316
7.
Disclosure of member's interest
A316
8.
Transaction of business by circulation of papers
A317
PART III
FUNCTIONS AND POWERS OF THE BROADCASTING AUTHORITY
9.
Functions and powers of the Authority
A317
10.
Complaints Committee
A318
11.
Consideration of complaints by the Complaints Committee
A318
12.
Advisory committees, etc.
A319
13.
Principal executive officer
A319
14.
15.
Delegation of powers, etc. to principal executive officer... Annual report
A320
A320
16.
Indemnity
A320
PART IV
CONSEQUENTIAL AND OTHER AMENDMENTS
17.
Consequential and other amendments
A320
Schedule.
A321
A314
Ord. No. 49/87
BROADCASTING AUTHORITY
HONG KONG
No. 49 of 1987
BROADCASTING AUTHORITY
PART II
Ord. No. 49/87
A315
Short title and
L.S.
I assent.
David WILSON,
Governor.
9 July 1987
An Ordinance to provide for the establishment and functions of a Broadcasting Authority and for matters incidental thereto connected therewith.
[
or
Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.
PART I
PRELIMINARY
1. This Ordinance may be cited as the Broadcasting Authority commencement. Ordinance 1987 and shall come into operation on a day to be appointed by
the Governor by notice in the Gazette.
Interpretation.
(Cap. 52.)
2. In this Ordinance, unless the context otherwise requires―
"Authority" means the Broadcasting Authority established under section 3;
"broadcasting", "Code of Practice", "licence" and "licensee" have the meanings assigned to them respectively by section 2 of the Television Ordinance;
"Complaints Committee" and "Committee” mean the Complaints Commit-
tee appointed under section 10;
"principal executive officer" means the principal executive officer of the
Authority referred to in section 13.
ESTABLISHMENT AND PROCEDURES OF THE BROADCASTING AUTHORITY
3.
There is hereby established a Broadcasting Authority which shall Establishment be a body corporate with perpetual succession and a common seal and in of the that name may sue and be sued.
4.
(1) The Authority shall consist of— (a) 3 public officers; and
(b) not less than 6 nor more than 9 persons ordinarily resident in Hong Kong and who have been so resident for at least 7 years, not being public officers,
appointed by the Governor.
(2) Subject to subsections (3), (4), (5) and (6), a member of the Authority other than a public officer shall hold office for such period, not exceeding 3 years from the date of his appointment, as is specified by the Governor and shall be eligible for reappointment.
(3) A member of the Authority may at any time, by notice in writing to the Governor, resign from the Authority.
(4) If any member of the Authority—
(a) has been absent from the meetings of the Authority without its
permission for a period longer than 3 months;
(b) becomes bankrupt or enters into a composition or scheme of arrangement with his creditors, within the meaning of the Bankruptcy Ordinance;
(c) becomes incapacitated by physical or mental illness;
(d) ceases to be ordinarily resident in Hong Kong; or
(e) is otherwise unable or unfit to discharge the functions of a member
of the Authority,
the Governor may by notice in writing declare his office as a member of the Authority to be vacant.
(5) Where any member of the Authority resigns or the office of any member otherwise becomes vacant before the expiry of his period of appointment, the Governor may appoint another person to hold office until the expiry of the period for which such member was originally appointed.
(6) Where any member of the Authority is precluded by temporary absence or incapacity from exercising the functions of a member for any period, the Governor may appoint another person to hold office in place of such member during that period.
(7) A member appointed under subsection (5) or (6) shall have the same rights, powers, duties and liabilities as if he had been appointed under subsection (1).
(8) For the purposes of this section a person shall be regarded as ordinarily resident in Hong Kong if he is resident in Hong Kong for not less than-
(a) 180 days in any calendar year; or
(b) 300 days in any 2 consecutive calendar years.
Broadcasting Authority.
Membership of the Authority.
(Cap. 6.)
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Ord. No. 49/87
BROADCASTING AUTHORITY
Chairman and vice-chairman.
5.
(1) The Governor shall appoint—
Meetings.
Disclosure of member's interest.
(a) a member of the Authority other than a member who is a public
officer to be the chairman of the Authority; and
(b) a member of the Authority to be the vice-chairman of the
Authority,
and may at any time revoke any such appointment.
(2) A member appointed under subsection (1) may at any time, by notice in writing to the Governor, resign from the office of chairman or vice-chairman.
6. (1) Meetings of the Authority shall, subject to this section, be held at such times and places as the chairman, or in his absence the vice-chairman, may appoint.
(2) At any meeting of the Authority—
(a) 7 members shall form a quorum;
(b) the chairman or, if he is absent or vacates the chair, the vice- chairman, or, if he also is absent or vacates the chair, such member as the members present shall appoint, shall preside;
(c) every question shall be determined by a majority of votes of the
members present and voting thereon;
(d) in the event of an equality of votes the member presiding shall
have a casting vote in addition to his original vote.
(3) The Authority may make standing orders, not inconsistent with this Ordinance, for the purposes of regulating-
(a) the number of meetings to be held by the Authority in any year;
and
(b) the procedures to be followed at such meetings.
7. If a member of the Authority, or of any committee of the Authority has-
(a) a pecuniary interest, whether direct or indirect; or
(b) a personal interest greater than that which he has as a member of
the general public,
in any matter under discussion at a meeting of the Authority or committee, the following provisions shall apply-
(i) the member shall disclose the nature of his interest at the meeting; (ii) the disclosure shall be recorded in the minutes;
(iii) where the disclosure is made by the member presiding, he shall
vacate the chair during the discussion;
(iv) the member (including one who has vacated the chair under para- graph (iii)) shall, if so required by the member presiding, with- draw from the meeting during the discussion and shall not in any case, except as otherwise determined by the member presiding, vote on any resolution concerning the matter or be counted for the purpose of establishing the existence of a quorum.
BROADCASTING AUTHORITY
Ord. No. 49/87
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8. The Authority may transact any of its business by circulation of Transaction of papers, and a resolution in writing which is approved in writing by a business by majority of the members of the Authority shall be as valid and effectual as if circulation it had been passed at a meeting of the Authority.
PART III
FUNCTIONS AND POWERS OF THE BROADCASTING AUTHORITY
of papers.
9. (1) The Authority shall have the following functions—
Functions and
(a) to administer the provisions of the Television Ordinance and in powers of the
Authority. particular and without limiting the generality of the foregoing to exercise the functions assigned to it by or under that Ordinance, (Cap. 52.) which include
(i) the submission of recommendations to the Governor in Council concerning applications for licences under section 8 of that Ordinance;
(ii) the submission of recommendations to the Governor in Council concerning the renewal or non-renewal of licences and the terms and conditions of renewal, under section 13 of that Ordinance;
(iii) the conduct of inquiries and submission of recommenda- tions to the Governor in Council concerning the revocation of licences under sections 14 and 15 of that Ordinance;
(iv) the issue of Codes of Practice under section 20 of that Ordinance relating to technical standards;
(v) the issue of Codes of Practice under section 28 of that Ordinance relating to programme and advertising standards;
(vi) the issue of directions to licensees under section 34 of that Ordinance;
(vii) the issue of orders to licensees in accordance with section 35 of that Ordinance prohibiting the broadcasting of any pro- gramme or part thereof or class of material;
(viii) the issue of orders to licensees in accordance with section 36 of that Ordinance prohibiting the broadcasting of any material rendered, passed or selected by a particular person;
(ix) consultation with licensees under section 36A of that Ordinance in respect of the issue of orders under section 35(1) or 36 thereof;
(x) the imposition of financial penalties on licensees in accord- ance with section 37 of that Ordinance;
(xi) requiring licensees to supply information in accordance with section 40 of that Ordinance, and to submit broadcast material under section 33 thereof;
(b) to secure proper standards of television broadcasting with regard to both programme content and technical performance of broad- casts;
(c) to submit proposals and recommendations to the Governor in Council with respect to technical, programme and advertising standards of television broadcasting in order to assist the Gover- nor in Council in the making and amendment of regulations under the Television Ordinance governing such standards;
(Cap. 52.)
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