TNAG-1990-FCO40-2823-Broadcasting-in-Hong-Kong-1989 — Page 2

(c)

in

the

land, to television set s in one building or more than one building

same property development should also be exempted from licensing; and

CWHK should no longer have the exclusive right to receive satellite television signals and that a written direction to this effect should be given by the Governor in Council pursuant to paragraph (k) of the first Schedule to the CWHK licence.

4

Members will be asked to advise whether the above recommendations should be accepted. Subject to Members' advice, legislative proposals to implement the recommendations involving amendments to

to the Telecommunication Ordinance and a draft direction to be made by the Governor in Council will be submitted for Members' consideration in a further memorandum.

BACKGROUND AND ARGUMENT

5

[!

on

an

Following discussion of memorandum XCC(87) 107 7 July 1987, Members advised and the Governor ordered that information not e should be prepared оп the feasibility of providing satellite television services to housing estates and large buildings". In preparing that information note, certain policy proposals concerning satellite television signal reception have emerged, on which decisions are required.

The Legal and Regulatory Aspects of Satellite Reception

6

The reception of satellite signals in Hong Kong is regulated by the provisions of

(a) the Telecommunication Ordinance (Chapter 106);

(b)

the CWHK licence; and

(c) the International Telecommunication Convention

and the INTELSAT Agreement.

(A) The Telecommunication Ordinance

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The Telecommunication Ordinance requires that the establishment and maintenance of any

means of telecommunication be licensed either by the Governor in Council or the Postmaster General in his capacity as the Telecommunications Authority

Authority (TA). There are exemptions to this general requirement, however, including sound broadcast