TNAG-1818-FCO40-2579-Broadcasting-in-Hong-Kong-1988 — Page 167

C642

Broadcasting Authority may require licensee to distribute

certain

documents

TELEVISION (AMENDMENT) BILL 1988

(5) Where-

(a) a licensee sends to the Broadcasting Authority by registered post particulars required to be given to that authority by subsection (2); and

(b) within the period of 21 days beginning on the day on which the particulars were so posted the Broadcast- ing Authority does not give notice to the licensee of its decision as regards giving an approval for the purposes of that subsection,

for the purposes of this section, a decision by the Broadcast- ing Authority to give the approval shall be regarded as having been made on the last day of that period.

(6) (a) Particulars contained in a declaration made for the purposes of this section shall be confidential and apart from those it is appropriate to enter in a licensee's register or in a register kept for the pur- poses of this Ordinance by a licensee (if the licensee thinks fit to keep such a register or to enter therein such particulars) shall neither be entered in any register, other than a register kept for the purposes of this Ordinance by the Broadcasting Authority (if the Broadcasting Authority thinks fit either to keep such a register or to enter therein such particulars), nor be disclosed either by the person by whom they are received or by any employee of that person. (b) Paragraph (a) shall not be construed as prohibiting

the disclosure of information---

(i) to the Broadcasting Authority;

(ii) to the Secretary for Administration Services and Information; or

(iii) with a view to the institution of or otherwise for the purpose of or in connection with legal proceedings.

17F. (1) (a) Subject to subsection (3), for the purpose of enabling section 17C(1) to be complied with, the Broadcasting Authority may, at any time within the period of 3 months beginning on the commence- ment of this section, by a direction in writing, require a licensee, within such period as is specified in the direction (being a period of not less than 90 days beginning on the date of the direction), to—

(i) distribute, within such period as is so specified (being a period of not less than 21 days beginning on such date), to each person whose name stood enter- ed in the licensee's register immediately before such commencement a copy of a document the form and contents of which shall be specified in the direction; and

(ii) as regards the direction, comply with the following requirements of this section.

N