TNAG-1818-FCO40-2579-Broadcasting-in-Hong-Kong-1988 — Page 77

A448

Ord. No. 72/88

TELEVISION (AMENDMENT)

(4) Where a document is distributed by a licensee pur- suant to a direction under this section and--

(a) the declaration attached thereto is not returned to and received by the licensee concerned on or before the date specified in that regard in the instructions in the document; or

(b) the document or the form of declaration is duly returned but in relation to it either no declaration is made or there is a declaration which is not properly made,

any voting rights attached to shares of the licensee and in relation to which the person to whom the document was distributed is for the time being registered (whether solely or jointly) in the licensee's register shall not be exercisable until a declaration similar to that which was attached to the docu- ment is properly made by the person or persons concerned and received by the licensee.

(5) (a) As soon as may be after the date specified under this section for the receipt by a licensee of documents distributed by the licensee pursuant to a direction under this section, the licensee shall fur- nish to the Broadcasting Authority the following-

(i) the particulars contained in the declarations. required by the direction to be attached to such documents and which have been properly made by the persons concerned and duly returned to the licensee; and

(ii) a statement of the number of such forms of declaration which were so distributed but were either not so made or so returned, together with a statement of the number of the licensee's voting shares as regards which the provisions of sub- section (4) apply.

(b) Where the provisions of subsection (4) cease to apply to voting rights, the licensee shall inform the Broadcasting Authority in writing of the cesser and also the total number of the voting shares of the licensee which carry in their aggregate the voting rights to which the cesser relates.

(c) The Broadcasting Authority may give to a licensee a direction in writing specifying the manner in which the obligations imposed on the licensee by para- graph (b) are to be discharged, and in case the Broadcasting Authority gives such a direction, the licensee concerned shall comply with it.

(6) Where for the time being, as regards a licensee- (a) the aggregate specified in section 17C(1) is exceeded;

and

(b) by virtue of subsection (4) voting rights attached to

shares of the licensee are not exercisable; and

LOT