TNAG-1818-FCO40-2579-Broadcasting-in-Hong-Kong-1988 — Page 186

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5.

licences.

TELEVISION (AMENDMENT) BILL 1988

Clause 4 prohibits the granting to or holding by subsidiaries of

6. Clause 5-

(a) subject to certain limits regarding duration, enables conditions to be attached to a licence requiring the licensee to broadcast such programmes, announcements and other material as the Broad- casting Authority shall require;

(b) enables conditions regulating or prohibiting advertising of a class or description specified in the condition to be attached to licences; and

(c) provides for a technicial amendment to section 8(3).

7. Clause 6 replaces the present requirements regarding being Com- monwealth citizens with certain residence requirements. It also requires licensee's articles of association to be amended so as to reflect the provisions of section 17D of the principal Ordinance and to require certain particulars to be prescribed by statutory declaration before registration of licensee's share transfers etc.

8. refused.

9.

Clause 7 requires registration of certain share transfers to be

Clause 8 requires licensees-

(a) if because of the registration of a transfer of licensee's shares, the requirements of section 17C (to be inserted by clause 14) are contravened, to give certain notifications; and

(b) to refuse to register share transfers of a particular kind until informed by the Broadcasting Authority that the registration of those transfers may be resumed.

10. Clause 9 enables the Broadcasting Authority to suspend licences if, having regard to certain matters, it is satisfied the licence should be suspended. Notice that suspension is being considered must be given in writing to the licensee concerned who may object or make representations. There is also provision for an appeal.

11. Clause 10 restates, with amendments, the matters to be taken into account when the Governor considers whether or not a licence should be revoked. It also provides for the revocation itself.

12. Clause 11 affords greater protection to licensees than the existing section 15(3) when revocation of a licence is being considered.

13. Clause 12 amends section 16 of the principal Ordinance so as to reduce from 18 months to at least 60 days the period of notice required to be given as regards a decision to revoke a licence.

14. Clause 13 in effect amends section 17 of the principal Ordinance by changing the references therein to the Colonial Treasurer Incorporated to references to the Financial Secretary Incorporated.

15. Clause 14 inserts a new Part ("Part IIIA") into the Television Ordinance. There are 13 new sections sections 17A to 17M-

(a) Section 17A prohibits licensees-

(i) holding shares in a company which is of a kind specified in the section; and

(ii) acquiring an interest in any other company unless approval of the Broadcasting Authority is previously obtained.

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