【法规名称】
【法规编号】 44506 什么是编号？
【正 文】
第10页 CAP 562 BROADCASTING ORDINANCE
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[接上页] (c) upon the date the licensee (or person seeking to be a licensee) is served with a copy of the new determination, the old determination shall thereupon be deemed to be repealed unless the new determination provides for the repeal of the old determination at a later date; and (d) this subsection shall, with all necessary modifications, apply to the new determination as it applies to the old determination should the Broadcasting Authority subsequently cease to be of the opinion that gave rise to the new determination.(5) The Broadcasting Authority shall, before making a determination under subsection (4)- (a) give the licensee concerned a reasonable opportunity to make representations to the Broadcasting Authority in relation to whether or not the television programme service concerned- (i) primarily targets Hong Kong; or (ii) does not primarily target Hong Kong; and(b) consider the representations, if any, made.(6) In determining whether or not a television programme service primarily targets Hong Kong, account shall be taken of, but not limited to, the following matters- (a) whether the service covers Hong Kong; (b) whether the sources of advertising and subscription revenues, where applicable, of the service are derived principally from Hong Kong; (c) the language of the service and the nature and size of the audiences targeted by the service; and (d) whether the service is actively marketed in Hong Kong by the licensee or by a third party on its behalf.(7) In this section, "television programme service" (电视节目服务) includes any part of a television programme service. Cap 562 s 13 Prohibition on anti-competitive conduct PART V REQUIREMENTS RELATING TO LICENSED SERVICES (1) Subject to subsections (4) and (5), a licensee shall not engage in conduct which, in the opinion of the Broadcasting Authority, has the purpose or effect of preventing, distorting or substantially restricting competition in a television programme service market. (2) The Broadcasting Authority may consider conduct to fall within subsection (1) as including, but not limited to- (a) direct or indirect agreements to fix the price in a television programme service market; (b) conduct preventing or restricting the supply of goods or services to competitors; (c) direct or indirect agreements between licensees to share any television programme service market between them on agreed geographic or customer lines; (d) limiting or controlling production, markets, technical development or investment; (e) applying dissimilar conditions to equivalent agreements with other trading parties, thereby placing them at a competitive disadvantage; (f) making the conclusion of agreements subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such agreements.(3) Subject to subsection (4), a provision in an agreement is void in so far as it provides for or permits, whether directly or indirectly, conduct which contravenes subsection (1). (4) The Broadcasting Authority may- (a) on an application made to it in the specified form by a licensee; (b) on a prescribed ground; and (c) by notice in writing served on the licensee,exempt conduct specified in the application from subsection (1) subject to such conditions as the Broadcasting Authority thinks fit specified in the notice. (5) Subsection (1) shall not apply to- (a) any restriction imposed on the inclusion in a television programme service of a television programme produced wholly or substantially by the licensee of the service; or (b) any prescribed restriction.(6) For the avoidance of doubt, it is hereby declared that nothing in this section shall prejudice the existence of any rights arising from the operation of the law relating to copyright or trademarks. Cap 562 s 14 Prohibition on abuse of dominance (1) A licensee in a dominant position in a television programme service market shall not abuse its position. (2) A licensee is in a dominant position when, in the opinion of the Broadcasting Authority, it is able to act without significant competitive restraint from its competitors and customers. (3) In considering whether a licensee is dominant, the Broadcasting Authority shall have regard to relevant matters including, but not limited to- (a) the market share of the licensee; (b) the licensee's power to make pricing and other decisions; (c) any barriers to entry to competitors into the relevant television programme service market; (d) such other relevant matters as may be stipulated in guidelines concerning the test of dominance issued under section 4 by the Broadcasting Authority in consultation with the licensees in the relevant television programme service market.(4) A licensee who is in a dominant position is deemed to have abused its position if, in the opinion of the Broadcasting Authority, the licensee has engaged in conduct which has the purpose or effect of preventing, distorting or substantially restricting competition in a television programme service market. |
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