TNAG-1818-FCO40-2579-Broadcasting-in-Hong-Kong-1988 — Page 180

TELEVISION (AMENDMENT) BILL 1988

(v) as regards the fifth $100 million of those amounts (or in case those amounts are less than $500 million but are not less than $400 million, as regards the excess over $400 million), 20 per cent of those amounts;

(vi) as regards those amounts in so far as they exceed $500 million, 25 per cent of those amounts:

Provided that the amount of the royalty pay- able under this section as regards any such account- ing year shall not exceed an amount which is equal to 12 per cent of such appropriate amounts for that year.

(2) The appropriate amount referred to in subsection (1) shall be the amount which in the circumstances of a particular case would reasonably be expected to be agreed to between the parties concerned were they negotiating in the open market and at arm's length.

(3) A licensee shall make a payment to the Director of Accounting Services of the amount (if any) due on account of the royalty payable by him under this section in respect of a quarter beginning on the 1st day of January, the 1st day of April, the 1st day of July or the 1st day of October in any year.

(4) A royalty payable under this section shall be due at the time when the fee or other charge in respect of which the royalty is payable is due, either in whole or in part, to the licensee concerned.

(5) (a) Within the period of 30 days immediately following a quarter referred to in subsection (3), a licensee shall-

(i) furnish to the Director of Accounting Services an account, certified by the licensee, or by someone acting on his behalf, to be true and correct, of the amounts described in subsection (1) and due (whether in whole or in part) to the licensee in the quarter; and

(ii) remit to the Director of Accounting Services the amount of the royalty (if any) payable by him under this Ordinance in respect of the quarter. (b) The Director of Accounting Services may require accounts referred to in paragraph (a)(i) to be in a form and contain particulars specified by him, and in case a requirement under this paragraph is made and is not withdrawn, any licensee concerned shall comply with it.

(6) (a) Where a royalty is payable under this Ordin- ance as regards a particular quarter (in this subsec- tion referred to as "the current quarter") but the licensee concerned is unable, before the expiration of the current quarter or the period of 28 days commencing on the expiration of that quarter, to ascertain the aggregate of the fees or other charges

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