TNAG-1818-FCO40-2579-Broadcasting-in-Hong-Kong-1988 — Page 89

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

A460

Ord. No. 72/88

TELEVISION (AMENDMENT)

(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) The royalty created by this section shall be payable quarterly in accordance with paragraph (b). (b) 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in a form and contain particulars specified by him, and in case a requirement under this paragraph is made and is not withdrawn, any licensee concerned shall comply with it.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 by reference to which the amount due on account of the royalty as respects the current quarter is to be determined, the licensee shall, within the period of 30 days immediately following the expiration of the current quarter, pay to the Director of Accounting Services a sum the amount of which shall have been calculated by the licensee having had regard to—

(i) the sum (if any) paid by the licensee on account of the royalty in respect of the quarter immediately preceding the current quarter; and

(4)

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