TNAG-1817-FCO40-2578-Broadcasting-in-Hong-Kong-1988 — Page 222

3.

- 2

1

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

hold more

than half of all the shares of

the television companies in Hong Kong.

4.

It can thus be seen that, hitherto, the

Television Ordinance has emphasised both nationality and

local residence as

conditions for control of television

companies. And out of these two conditions, the former

one is more important.

The reasons are obvious.

5.

In

accordance

Declaration, the British

with the Sino-British Joint

Government has to return Hong

Kong to China in 1997. The provision that television

companies in Hong Kong shall be controlled by British

nationals must also be changed accordingly. In accordance

with the

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.