1964_TELEVISION_ORDINANCE — Page 10

1989 Ed.]

Television

[CAP. 52

9

10. Competence of applicants for licences

A licence may be granted only to a company formed and registered under the Companies Ordinance (Cap. 32) which complies with the following conditions

(a) the only business carried on by the company shall be

(i) to establish and operate a television broadcasting service; (ii) to establish and operate such associated telecommunication services ancillary to the operation of a television broad- casting service as may be authorized by the Telecommuni- cations Authority; and

(iii) to carry on such forms of business as may be directly

connected or associated with the foregoing;

(b) the majority of the directors of the company shall each be a person who is for the time being ordinarily resident in Hong Kong and who also has been so resident for at least one continuous period of not less than 7 years; (Amended 80 of 1982 s. 2; 72 of 1988 s. 6)

(c) the majority of the directors required under paragraph (b) shall

participate actively in the direction of the company;

(d) a quorum of any meeting of the directors of the company shall have a majority of directors each of whom shall be a person who satisfies the requirements of paragraph (b) as to residence; (Amended 80 of 1982 s. 2; 72 of 1988 s. 6)

(e) the principal officers of the company, including the officer responsible for the selection of programmes, shall each be a person who satisfies the requirements of paragraph (b) as to residence; (Amended 80 of 1982 s. 2; 72 of 1988 s. 6)

(ƒ) no disqualified person other than a person whose disqualification was disclosed in the application for the licence shall exercise control of the company;

(g) the company shall be prohibited under its articles of association from registering the transfer of any of its voting shares to the nominee of any person or company;

(h) the articles of association of the company shall (with the necessary modifications) include a provision similar to the provisions of section 17D(1) and (2) and provide that the company shall, before registering the transfer, allotment or issue of any of its voting shares, require to be furnished to it a declaration signed by or on behalf of the transferee or the person to whom the shares are to be allotted or issued stating-

(i) whether or not the transferee or such person is the nominee

of any person or of a company or other body corporate;

Page 10Page 11

10

CAP. 521