TNAG-1818-FCO40-2579-Broadcasting-in-Hong-Kong-1988 — Page 185

C660

Repeals

TELEVISION (AMENDMENT) BILL 1988

is in a printed or other written form, to require the person so described to deliver it to the person exercising the power;

(b) to extract or retrieve himself, in either of or both such forms, by means of the equipment normally used for that purpose, any information so referred to; and

(c) to examine any information so extracted or re-

trieved and if thought fit to remove it.".

25. Sections 10(j), 11(1)(b), 11(1)(d), 1A(4), 13(3) and 25 are repealed.

Explanatory Memorandum

The purpose of this Bill is to amend and extend the law relating to television. Its provisions, if enacted, will result in the following major changes in the law as it is at present-

(a) not more than 49% of the voting rights carried by the shares in a licensed television broadcasting company (a "licensee") will be allowed to be exercised by persons or companies which do not satisfy certain residential or other criteria contained in the Bill-- clause 14 (section 17C), (at present not less than 51% of the voting shares of a licensee are required to be beneficially owned by persons or companies ordinarily resident in Hong Kong);

(b) a company or other person who does not satisfy certain residential or other criteria will not be able to hold more than 10% of the voting shares of a particular licensee-in addition, whatever be the size (in excess of 10%) of his holding, his voting rights will be limited to those which 10% of the voting shares carry-- clause 14 (section 17D) (there is no analogous provision currently in force);

(c) a royalty on a sliding scale, with an overall limit, will be payable by licensees on the fees and other charges due to them as regards advertising on their television services-clause 20 (at present a royalty of 25% is payable on the net profit of such companies); and

(d) the Governor in Council will be empowered to require a licensee to link his telecommunications installation to another such installa- tion (not being another licensee's such installation) and to permit certain signals to be transmitted by means of his telecommunica- tions installation or supply certain signals for transmission by means of another's (not being a licensee's) telecommunications installation clause 16. This is known in the television industry as a "must carry" provision.

The provisions of the Bill are dealt with seriatim below.

2.

Clause 1 provides a short title.

3. Clause 2 provides new interpretation provisions. 4. Clause 3 provides for two technicial matters.