A464
Ord. No. 51/89
TELECOMMUNICATION (AMENDMENT)
(b) subject to renewal within that period of validity on such dates as may be specified in the licence, or where such dates are not specified in the licence, on such dates as may be determined by the Governor in Council by order. (2) An order made by the Governor in Council under subsection (1)(a) or (b) shall be published in the Gazette.
Renewal of licence
13E. (1) Not less than 15 months before the date for any renewal of a licence under section 13D(1)(b) or such shorter period as the Governor in Council may permit, the Broadcasting Authority shall submit recommendations to the Governor in Council concerning the renewal of the licence and the terms and conditions to be imposed.
(2) Having considered the recommendations submitted under subsection (1), the Governor in Council may—
(a) renew the licence subject to such terms and conditions as he may specify;
or
(b) renew the licence by granting a new licence in substitution therefor, and in
doing so, may impose such terms and conditions as he may specify; or
(c) refuse to renew the licence.
(3) Notice of a decision to refuse to renew a licence shall be given to the licensee concerned at least 12 months prior to the relevant date for renewal of the licence.
(4) Where it is necessary for the due compliance with this section the Governor in Council may extend the term of any licence.
Competence of licensees
13F. A licence may be granted to or held only by a corporation that is-
(a) a company formed and registered in Hong Kong under the Companies
Ordinance (Cap. 32);
(b) not a subsidiary;
(c) empowered under its memorandum of association to comply fully with the
provisions of this Ordinance and the terms and conditions of its licence.
Disqualified persons
13G. (1) Subject to subsection (2) and section 13H(2)(b), no disqualified person, other than a person in respect of whom the reason for his being a disqualified person was disclosed in the application for a licence, shall exercise control of a corporation that is a licensee.
(2) Notwithstanding subsection (1), the Governor in Council may grant a licence to a corporation—
(a) that is a disqualified person;
(b) in respect of which a disqualified person exercises control; or
(c) that is a disqualified person and in respect of which a disqualified person
exercises control,
TELECOMMUNICATION (AMENDMENT)
Ord. No. 51/89 A465
and the licence may contain such conditions relating to the disqualified person and to the control exercised by him as the Governor in Council may impose under section 13C.
Increase of control by disqualified persons
13H. (1) Subject to subsection (2), no disqualified person who exercises control of a corporation that is a licensee shall augment the basis of such control-
(a) by augmenting the percentage of voting shares in the corporation which he
holds as the beneficial owner thereof; or
(b) by a change of the office held by him in the corporation.
(2) On the application of a licensee that is a corporation the Governor in Council may, if he is satisfied that the public interest so requires, permit-
(a) the licensee to augment the basis of the control of the corporation
exercised by a disqualified person; or
(b) the licensee to enable a disqualified person to exercise control of the
corporation.
Unqualified persons
131. (1) The aggregate of the voting shares in a licensee to or in which unqualified persons have, directly or indirectly, any right, title or interest, shall not at any time exceed 49% of the total number of voting shares in the licensee.
(2) Subsection (1) applies to voting shares in a licensee where the voting rights carried by such shares are for the time being exercisable as regards any question or other matter whatsoever which may be determined by a poll at general meetings of the licensee.
(3) For the purposes of this section, a person shall be an "unqualified person” unless-
(a) he is a person who is for the time being ordinarily resident in Hong Kong and has at any time been resident for a continuous period of not less than 7 years; or
(b) that person is a company that is ordinarily resident in Hong Kong.
(4) For the purposes of this section, a corporation established or incorporated
by Ordinance shall be regarded as being a company that is ordinarily resident in Hong Kong if (but only if) for the time being—
(a) every person who takes an active part in the management of the corpora- tion, or if there are more than 2 such persons each of a majority of those persons, is for the time being ordinarily resident in Hong Kong and has at any time been resident for a continuous period of not less than 7 years; and (b) the management of the corporation is bona fide exercised in Hong Kong. (5) For the purposes of this section, where any one or more of 2 or more persons having a joint right, title or interest to or in voting shares is or are unqualified persons, then the unqualified person or persons shall be regarded as having the entire right, title or interest to the exclusion of any other person.
No comments yet.
Private notes are available after approval.