TNAG-1817-FCO40-2578-Broadcasting-in-Hong-Kong-1988 — Page 215

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}

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3.

The Ordinance defines "ordinarily resident in

Hong Kong" as follows: residing in Hong Kong for not less

than 180 days in one year or residing in Hong Kong for not

less than 300 days in two consecutive years. It is

obvious that the definition does not have a requirement

for residence in Hong Kong for not less than 7 years.

Therefore, when a British national arrives in Hong Kong

from London and has lived for more than 180 days, he can,

theoretically, hold more than half of all the shares of

the television companies in Hong Kong.

4.

It

thus can

be

the

seen that, hitherto,

Television Ordinance has emphasised both nationality and

local residence as conditions for

control of television

conditions, the former

companies. And out of these two conditions,

one is more important.

The reasons are obvious.

5.

In

accordance

with the Sino-British Joint

Declaration,

be

controlled by British

the British Government has to return Hong

Kong to China in 1997. The provision that television

companies in

in Hong Kong shall

nationals must also be changed accordingly. In accordance

with the spirit of the Joint Declaration, the existing

laws in Hong Kong shall basically remain unchanged, except

those which need to be changed because of the transfer of

sovereignty.