TNAG-1989-FCO40-2822-Hong-Kong-Telecommunications-(Amendment)-Ordinance-1989-(No.-1989 — Page 48

TELECOMMUNICATION (AMENDMENT) BILL 1989

"PART IIIA

SOUND BROADCASTING LICENCES

Interpretation

C683

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 or an unincorporated

body;

"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;