TNAG-1807-FCO40-2568-Hong-Kong-pollution-control-Noise-Control-Ordinance-1988-(N-1988 — Page 123

TELEVISION (AMENDMENT)

Ord. No. 72/88

A449

Permission for retention of certain shares,

etc.

(c) a declaration of the kind last referred to in subsec-

tion (4) is received by the licensee,

the voting rights shall begin and continue to become exercis- able in, and only in, such manner as will enable the require- ments of section 17C(1) to be complied with at all times and the licensee's register shall be dealt with accordingly.

17G. (1) Where-

(a) a company or other body corporate or any other person to whom the restriction in section 17D applies holds voting shares of a licensee; and

(b) an application for registration in the licensee's regis- ter of the transfer to him of the shares was received on or before 24 November 1987; and

(c) because of the number of shares held by him the

requirements of section 17D are contravened,

if, but only if, he has previously made as regards the shares a declaration referred to in section 17F(2)(b) he may, within the period of 6 months beginning on the day on which section. 17D came into operation, apply in accordance with sub- section (3) to the Broadcasting Authority in writing for a permission under this section.

(2) Where, within the period mentioned in subsec- tion (1), a person who is the holder of shares described in that subsection dies, his personal representative may, within the period of 6 months beginning on the day on which representa- tion is raised in Hong Kong to the person's estate (and whether the period mentioned in subsection (1) has expired or not), apply in accordance with subsection (3) to the Broad- casting Authority for a permission under this section.

(3) An application under this section shall be made through the relevant licensee and in case a licensee receives such an application, he shall, as soon as may be, forward the application to the Broadcasting Authority.

(4) Where an application is made under this section to the Broadcasting Authority, the applicant shall, by way of a declaration signed by him or on his behalf, disclose to that authority the number of voting shares of the relevant licensee in which he has a relevant interest, together with the particu- lars which would be required by section 17H to be so declared were the application one to register a transfer of the shares, and that authority, having considered the application, may— (a) grant a permission under this section as regards all of such shares which were acquired by the applicant, or where appropriate, the relevant deceased person, on or before 24 November 1987 and in which, but for the permission, the applicant would continue to have a relevant interest in contravention of the requirements of section 17D (which shares shall be referred to in the permission by reference to a certificate number or otherwise); or