TNAG-1810-FCO40-2571-Hong-Kong-University-of-Science-and-Technology-University-o-1988 — Page 66

A444

Ord. No. 72/88

Licensee to supply to Broadcasting Authority

certain

information as regards transfers of its shares and certain other particulars

TELEVISION (AMENDMENT)

corporate mentioned in paragraph (b) has a relevant interest as the number of shares, being shares mentioned in paragraph (a) and as regards which he has a relevant interest, bears to the aggregate of the voting shares issued by the company mentioned in paragraph (a).

(4) Where a person has control of a company, whether directly or indirectly, and that company or a subsidiary company thereof has a relevant interest in voting shares of a licensee, then for the purposes of subsection (1) (and for no other purpose) the person shall be regarded as having, to the exclusion of the company or the subsidiary company, as may be appropriate, a relevant interest in those shares.

(5) Where 2 or more persons jointly have a relevant interest in voting shares of a licensee and one or more (but not all) of those persons either is or are not for the time being resident in Hong Kong or has or have not been so resident for at least one continuous period of not less than 7 years, for the purposes only of this section the other such person or, where appropriate, each of the other such persons shall be regarded as being restricted under subsection (1).

(6) Without limiting the generality of subsection (4), for the purposes only of that subsection a person shall be regarded as having control of a company if the control is exercisable through a nominee or results from, or is exercised by means of, a trust, agreement, arrangement, under- standing or practice and whether or not the means has legal or equitable force or is based on legal or equitable rights.

(7) Subsection (1) shall not be construed as affecting the ability of a person to transfer a relevant interest in a voting share of a licensee pursuant to the requirements of a notice under section 17G(7).

17E. (1) If on the commencement of this section a company or other body corporate or any other person to whom the restriction in section 17D applies has a relevant interest in 2 per cent or more of the voting shares of a licensee, the licensee shall, as soon as may be, give to the Broadcasting Authority in writing the following particulars, namely, the name of the person, the number of the shares registered in his name on such commencement, and the percentage of the issued voting shares of the licensee which those shares then constituted.

(2) If-

(a) (i) voting shares of a licensee are allotted or

issued (whether severally or jointly); or

(ii) an application is made to register (whether severally or jointly) a transfer of such voting shares,

to a company or other body corporate or any other person to whom the restriction in section 17D applies (in this subsection subsequently referred to as "the relevant person"); and

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