TNAG-1707-FCO40-2379-Prisons-and-prisoners-in-Hong-Kong-various-ordinances-1988 — Page 76

A316

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

A317

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.

of papers.

PART III

FUNCTIONS AND POWERS OF THE BROADCASTING AUTHORITY

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.)