TNAG-1989-FCO40-2822-Hong-Kong-Telecommunications-(Amendment)-Ordinance-1989-(No.-1989 — Page 50

>

TELECOMMUNICATION (AMENDMENT) BILL 1989

C685

(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,