【法规名称】
【法规编号】 44506 什么是编号？
【正 文】
第11页 CAP 562 BROADCASTING ORDINANCE
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[接上页] (5) The Broadcasting Authority may consider conduct to fall within the conduct mentioned in subsection (4) as including, but not limited to- (a) predatory pricing; (b) price discrimination, except to the extent that the discrimination only makes reasonable allowance for differences in the costs or likely costs of supplying the service or other matter; (c) making the conclusion of agreements subject to acceptance by other parties of terms or conditions which are harsh or unrelated to the subject of the agreement; (d) discrimination in the supply of services to competitors. Cap 562 s 15 Provisions supplementary to sections 13 and 14 (1) The conduct of an associate of a licensee, or the position of the associate in a television programme service market, may be considered for the purposes of section 13 or 14. (2) A person sustaining loss or damage from a breach of section 13(1) or 14(1), or a breach of a licence condition, determination or direction relating to that section, may bring an action for damages, an injunction or other appropriate remedy, order or relief against the licensee who is in breach. (3) No action may be brought under subsection (2) more than 3 years after- (a) the commission of the breach concerned referred to in that subsection; or (b) the imposition under section 28 of a penalty in relation to the breach,whichever is the later. (4) For the avoidance of doubt, it is hereby declared that a breach of section 13(1) or 14(1) occurs when the Broadcasting Authority forms the opinion referred to in section 13(1) or 14(4) respectively. Cap 562 s 16 Notice to licensee to cease certain conduct The Broadcasting Authority may, by notice in writing served on a licensee- (a) require the licensee to cease and desist on and after a date specified in the notice from conduct specified in the notice as conduct which the Broadcasting Authority states in the notice that it is of the opinion that it contravenes section 13(1) or 14(1); (b) direct the licensee to take such steps as are specified in the notice, and within the period specified in the notice, as the Broadcasting Authority considers appropriate for the purpose of securing, or assisting the securing of, the licensee's compliance with that section. Cap 562 s 17 Separate accounting (1) Where a licensee holds a licence under the Telecommunications Ordinance (Cap 106), it shall adopt accounting practices which ensure that- (a) its activities in relation to its licence under this Ordinance can be readily understood without reference to its activities in relation to its licence under that Ordinance; and (b) its activities in relation to its licence under the Telecommunications Ordinance (Cap 106) can be readily understood without reference to its activities in relation to its licence under this Ordinance.(2) The Broadcasting Authority may, by notice in writing served on a licensee to which subsection (1) applies, direct the licensee to adopt an accounting practice- (a) specified in the direction; (b) for the purpose of securing, or assisting the securing of, compliance with that subsection; and (c) which is consistent with generally accepted accounting principles in Hong Kong. Cap 562 s 18 Service provision requirements (1) Subject to subsection (2), a licensee the licensed service of which is a domestic free television programme service or domestic pay television programme service shall, within such period as is specified in the licence or such other period as may be determined in writing by the Broadcasting Authority, provide the service in such manner as to enable the service to be received throughout Hong Kong to the satisfaction of the Broadcasting Authority or, in the case of a domestic pay television programme service, such parts of Hong Kong as are specified for the purposes in the licence. (2) The Broadcasting Authority may, by notice in writing served on a licensee, exempt the licensee from complying with subsection (1) in relation to any parts of Hong Kong specified in the notice and during any period specified in the notice. Cap 562 s 19 Television programmes for schools The Broadcasting Authority may, by notice in writing served on a domestic free television programme service licensee, require the licensee to include in its licensed service, without charge, any educational television programme for schools supplied by the Government. Cap 562 s 20 Television programme service locking device A licensee (except a domestic free television programme service licensee) shall provide a television programme service locking device to the satisfaction of the Broadcasting Authority where its licensed service is- (a) a domestic pay television programme service; (b) a non-domestic television programme service provided in Hong Kong where a subscription is required to be paid for the service provided in Hong Kong; or (c) an other licensable television service,but excluding such a service provided to hotel rooms. Cap 562 s 21 Restrictions on persons not regarded as fit and proper |
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