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【法规名称】 
【法规编号】 44506  什么是编号?
【正  文】

第12页 CAP 562 BROADCASTING ORDINANCE

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  (1) A licensee and any person exercising control of the licensee shall be and remain a fit and proper person.
  
  (2) Subject to subsection (3), a licensee shall, on or before the 1st of April of each year, provide information in the specified form to the Broadcasting Authority to enable the Broadcasting Authority to establish and verify whether the licensee or a person exercising control of the licensee is a fit and proper person.
  
  (3) Subsection (2) shall not apply to a licensee which has been a licensee for less than 4 months.
  
  (4) In determining whether a licensee or person exercising control over the licensee is a fit and proper person, account shall be taken of-
  
  (a) the business record of the licensee or person;
  
  (b) the record of the licensee or person in situations requiring trust and candour;
  
  (c) the criminal record in Hong Kong of the licensee or person in respect of offences under the laws of Hong Kong involving bribery, false accounting, corruption or dishonesty; and
  
  (d) the criminal record in places outside Hong Kong of the licensee or person in respect of conduct which, if done in Hong Kong, would constitute or form part of the criminal record in Hong Kong of the licensee or person as mentioned in paragraph (c).
  
  Cap 562 s 22 Prevention of interference with programming independence of licensees
  
  (1) A licensee shall not, except in respect of material the supply of which it is contracting for its licensed service, agree to include or to refrain from including in its licensed service any material.
  
  (2) Any provision in an agreement which requires a licensee to include or to refrain from including in its licensed service any material, other than material to be supplied under the agreement, shall not be enforceable against the licensee.
  
  Cap 562 s 23 General requirements as to television programme services
  
  (1) A licensee shall be responsible at all times for ensuring that its licensed service does not include a subliminal message.
  
  (2) Subject to subsection (3), a licensee shall-
  
  (a) comply with its licence conditions;
  
  (b) comply with any requirements under this Ordinance which are applicable to it;
  
  (c) comply with any directions, orders, or determinations, under this Ordinance which are applicable to it;
  
  (d) comply with all provisions in a Code of Practice which are applicable to it; and
  
  (e) without prejudice to the operation of any Code of Practice which relates to this section, to any regulations under section 42(1)(e) or to the Broadcasting Authority's functions under section 9 of the Broadcasting Authority Ordinance (Cap 391), secure proper standards for its licensed service with regard to television programme content and technical performance.(3) Subsection (2) shall not apply in the case of material supplied by the Government.
  
  (4) For the avoidance of doubt, it is hereby declared that the fact that any material included or to be included in a licensee's licensed service is material exempted or approved for the purposes of exhibition or publication under the Film Censorship Ordinance (Cap 392) does not by itself relieve the licensee of any obligation under this Ordinance.
  
  (5) In this section-
  
  "standards" (标准), in relation to television programme content, includes restrictions on the time of day when content of a particular class may be provided;
  
  "subliminal message" (潜送讯息) means the transmission of material the duration of which is so brief that it does not enable a person to obtain a conscious picture of the material.
  
  Cap 562 s 24 Directions of Broadcasting Authority and Telecommunications Authority
  
  PART VI
  
  ENFORCEMENT OF LICENCES
  
  (1) The Broadcasting Authority may issue directions in writing to a licensee (except directions relating to technical standards) requiring it to take such action specified in the notice as the Broadcasting Authority considers necessary in order for the licensee to comply with any requirement under a prescribed Ordinance, any licence condition or any provision in a Code of Practice applicable to it.
  
  (2) The Telecommunications Authority may issue directions in writing to a licensee requiring it to take such action specified in the notice with regard to technical standards as the Telecommunications Authority considers necessary in order for the licensee to comply with any requirement under a prescribed Ordinance, any licence condition or any provision in a Code of Practice applicable to it.
  
  (3) The Broadcasting Authority shall cause directions under subsection (1) to be published in the Gazette or in such other manner as it thinks fit.
  
  Cap 562 s 25 Investigation of licensee's business
  
  (1) Where the Broadcasting Authority is satisfied that it is necessary for the proper performance of its functions under a prescribed Ordinance in order to ensure a licensee's compliance with a licence condition, a requirement under the Ordinance which is applicable to it, a direction, order, or determination, under the Ordinance which is applicable to it, or a provision in a Code of Practice which is applicable to it, it may authorize in writing any person to do all or any of the following at such times as are specified by it in the authorization-
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