TNAG-1818-FCO40-2579-Broadcasting-in-Hong-Kong-1988 — Page 157

C632

Section added

Section added

Grant of licences

(Cap. 32)

TELEVISION (AMENDMENT) BILL 1988

""subsidiary company" means any company which, pursuant to section 2 of the Companies Ordinance, is, for the purposes of that Ordinance, deemed to be a subsidiary of another company;";

(d) by being renumbered as subsection (1) thereof; and (e) by adding after subsection (1)----

(Cap. 32)

3.

"(2) For the purposes of this Ordinance a body corporate (other than a company within the meaning of the Companies Ordinance) established or incorporated by Ordinance shall be regarded as being a company ordinarily resident in Hong Kong if (but only if) for the time being-

(a) the person participating actively in the direction or management of the body, or in case there are 2 such persons, each of those persons, or in case there are more than 2 such persons, each of a majority of those persons, satisfies the requirements as to residence in section 17D(1)(a); and

(b) such direction and management is bona fide exer-

cised in Hong Kong.".

The following is added after section 2-

"Service etc. of notices

(Cap. 32)

4.

"Grant or holding of

2A. (1) A notice under this Ordinance may be served or given by prepaying (where requisite), registering and posting an envelope addressed to the person on or to whom the notice is to be served or given at his usual or last known place of abode or business and containing such notice; and, unless the contrary is proved, the notice shall be deemed to have been served or given and received at the time at which such envelope would have been delivered in the ordinary course of post.

(2) For the purposes of this section a company within the meaning of the Companies Ordinance shall be deemed to have a usual place of abode at its registered office, and any other body corporate shall be deemed to have a usual place of abode at its principal office or any other place at which it carries on business.".

The following is added before section 7-

licences to or by certain companies prohibited (Cap. 32)

5.

6A. A licence shall neither be granted to nor held by a company which, by virtue of section 2 of the Companies Ordinance, is, for the purposes of that Ordinance, deemed to be a subsidiary of another company.".

Section 8 is amended--

(a) by repealing subsection (2) and substituting—

"(2) (a) Having considered the recommendations submitted under subsection (1), the Governor in Council may grant a licence which shall be subject, in addition to the conditions