A462
Ord. No. 51/89
TELECOMMUNICATION (AMENDMENT)
TELECOMMUNICATION (AMENDMENT)
Ord. No. 51/89
A463
Interpretation
"PART IIIA
SOUND BROADCASTING LICENCES
13A. (1) For the purposes of this Part-
"broadcasting" means transmitting sound (otherwise than as part of a television
broadcast) for general reception by means of radio waves;
"Broadcasting Authority" means the Broadcasting Authority established by section
3 of the Broadcasting Authority Ordinance (Cap. 391);
"company" has the meaning assigned to it in section 2(1) of the Companies
Ordinance (Cap. 32);
"corporation" means a company or other body corporate;
"disqualified person" means—
(a) an advertising agent;
(b) a person who in the course of business supplies material for broadcasting
by a licensee;
(c) a licensee;
(d) a person who in the course of business transmits sound or television
material, whether in Hong Kong or outside Hong Kong;
(e) a person who exercises control of a corporation that is a person referred to
in paragraph (a), (b), (c) or (d);
"licence" means a licence granted under section 13C;
"licensee" means the holder of a licence granted under section 13C;
"ordinarily resident in Hong Kong”-
(a) in relation to a person who is an individual, means—
(i) residence in Hong Kong for not less than 180 days in any calendar year; or
(ii) residence in Hong Kong for not less than 300 days in any 2 consecutive calendar years; and
(b) in relation to a company, means a company—
(i) that is formed and registered in Hong Kong under the Companies Ordinance (Cap. 32); and
(ii) in the case of which-
(A) if not more than 2 of its directors take an active part in the management of the company, each of those directors is; or
(B) if more than 2 of its directors take an active part in the management of the company, a majority of those directors are each of them,
for the time being ordinarily resident in Hong Kong and each of them has at any time been resident for a continuous period of not less than 7 years; and
(iii) the control and management of which is bona fide exercised in Hong Kong;
"subsidiary" means a company that is a subsidiary within the meaning of section 2
of the Companies Ordinance (Cap. 32);
"voting shares" means shares in the company which entitle the shareholder to vote
at meetings of shareholders of the company.
(2) For the purposes of this Part a person exercises control of a company or corporation if he
(a) holds office in that company or corporation; or
(b) subject to paragraph (c), is the beneficial owner of more than 35% of the
voting shares in that company or corporation; or
(c) in the case of a corporation that is a licensee, is the beneficial owner of
more than 15% of the voting shares in that corporation.
(3) A person shall not be a disqualified person in relation to a corporation that is a licensee by reason only that he holds office in, or is the beneficial owner of more than 15% of the voting shares in, that corporation.
Application for licence
13B. Any corporation complying with section 13F may apply to the Broad- casting Authority in such form as the Broadcasting Authority may determine, for a licence to establish and maintain a broadcasting service.
Grant of licence
13C. (1) The Broadcasting Authority shall consider applications made under section 13B and make recommendations thereon to the Governor in Council.
(2) Having considered the recommendations made under subsection (1) in respect of an application for a licence to establish and maintain a broadcasting service, the Governor in Council may grant a licence to the applicant and such licence shall, without prejudice to this Ordinance or the Broadcasting Authority Ordinance (Cap. 391), be subject to the payment of such fee, royalty or other charge whatsoever, whether annual or otherwise, and to such terms and conditions as the Governor in Council may specify in the licence.
(3) Without prejudice to the generality of subsection (2), a licence may include
(a) a condition that the Broadcasting Authority may require the licensee to refrain from broadcasting any programme or advertisement or any class of material which in the opinion of the Broadcasting Authority would contravene any direction issued by the Governor in Council, any direc- tion or any provision of a Code of Practice issued by the Broadcasting Authority under the Broadcasting Authority Ordinance (Cap. 391), any regulation made under section 130 or any term or condition of the licence; and
(b) a condition that the Broadcasting Authority may suspend the licence.
Period of validity of licence
13D. (1) A licence shall be-
(a) valid for such period as may be specified in the licence or, where a period is not specified in the licence, such period as may be determined by the Governor in Council by order; and
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