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[接上页] "licensed service" (领牌服务) means a broadcasting service the subject of a licence; "material" (材料) includes pictures (whether moving or not), words, music and other sounds, whether produced, spoken or made simultaneously or otherwise; "newspaper" (报刊) means a paper or other publication or a supplement thereto available to the public which- (a) contains news, intelligence, occurrences or any remarks, observations or comments in relation to such news, intelligence or occurrences or to any other matter of public interest; (b) is published for sale or free distribution and periodically (whether half-yearly, quarterly, monthly, fortnightly, weekly, daily or otherwise), or in parts or numbers at intervals not exceeding 6 months; and (c) does not comprise exclusively any item or items specified in Schedule 2;"non-domestic television programme service" (非本地电视节目服务) means a television programme service which- (a) is- (i) intended or available for reception by the public- (A) free of charge in Hong Kong; or (B) on payment, whether periodically or otherwise, of a subscription in Hong Kong; or(ii) neither intended nor available for reception by the public- (A) free of charge in Hong Kong; or (B) on payment, whether periodically or otherwise, of a subscription in Hong Kong; and(b) does not primarily target Hong Kong;"offer for sale" (要约出售) includes invite to offer for sale; "ordinarily resident in Hong Kong" (通常居于香港)- (a) in relation to an individual, means- (i) residence in Hong Kong for not less than 180 days in any calendar year; or (ii) residence in Hong Kong for not less than 300 days in any 2 consecutive calendar years;(b) in relation to a corporation, means a corporation which satisfies the following- (i) if the number of directors who actively participate in its direction- (A) is 2, each is an individual; (B) is more than 2, each of a majority of them is an individual, for the time being ordinarily resident in Hong Kong in accordance with paragraph (a) and has been so resident for at least one continuous period of not less than 7 years; and(ii) the control and management of the corporation is bona fide exercised in Hong Kong;"other licensable television programme service" (其他须领牌电视节目服务) means a television programme service which is intended or available for reception- (a) free of charge in Hong Kong or on payment, whether periodically or otherwise, of a subscription in Hong Kong; and (b) either- (i) subject to subsection (12), by an audience of not more than 5000 specified premises; or (ii) in hotel rooms;"performance bond" (履约保证), in relation to a licensee, means a first demand performance bond or bank guarantee- (a) issued by a bank within the meaning of section 2(1) of the Banking Ordinance (Cap 155); (b) in favour of the Government; and (c) which complies with the provisions of the notice under subsection (3) applicable to the licensee,to secure compliance by the licensee with any of its licence conditions;"practicable" (切实可行) means reasonably practicable; "prescribed Ordinance" (订明条例) means- (a) this Ordinance; (b) the Telecommunications Ordinance (Cap 106); or (c) the Broadcasting Authority Ordinance (Cap 391);"principal officer" (主要人员) means the same as it does in the definition of "principal officer" in Part 1 of Schedule 1; "provide" (提供), in relation to a broadcasting service, includes establish and operate; "public place" (公众地方) means a place to which the public or a section of the public may or are permitted to have access from time to time, whether by payment or otherwise; "representations" (申述) means representations in writing; "restriction" (限制) includes restraint; "specified" (指明), in relation to a form, means specified under section 41; "specified premises" (指明处所) means any domestic premises, or hotel room, in Hong Kong; "subscription" (收看费) means a fee payable by or on behalf of any person for the right to view a television programme service in Hong Kong; "subsidiary" (附属公司) has the same meaning as in the Companies Ordinance (Cap 32); "telecommunications" (电讯) means the same as it does in the definition of "telecommunications" in section 2(1) of the Telecommunications Ordinance (Cap 106); "Telecommunications Authority" (电讯局长) means the Telecommunications Authority appointed under section 5 of the Telecommunications Ordinance (Cap 106); "television programme" (电视节目) means moving visual representational images (that is, images comprised within sequences of visual images capable of being seen as moving images), or a combination of sounds and such images, that are intended to inform, enlighten or entertain, but does not include visual images that consist predominantly of alphanumeric text, data, graphs, charts, diagrams or video games; "television programme service" (电视节目服务)- |