【法规名称】
【法规编号】 44506 什么是编号？
【正 文】
第3页 CAP 562 BROADCASTING ORDINANCE
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[接上页] (a) subject to paragraph (b)- (i) means the provision of a service that includes television programmes for transmission by telecommunications- (A) that are readily accessible to, or made available to, the general public in or outside Hong Kong; or (B) to persons, in 2 or more specified premises, simultaneously or on demand, whether on a point-to-point or a point-to-multipoint basis, or any combination thereof, having equipment appropriate for receiving that service; and(ii) includes a service, or a service belonging to a class of services, which is a television programme service in accordance with the provisions of a notice under subsection (5)(a);(b) does not include the provision of a service that- (i) consists only of a television programme that is made solely for performance or display in a public place; (ii) consists only of a television programme that is intended wholly or mainly for the purposes of the trade, business, employment or profession of the recipient (but excluding a television programme delivered to hotel rooms); (iii) consists only of a service that is specified in Schedule 3; or (iv) is a service, or a service belonging to a class of services, which is not a television programme service in accordance with the provisions of a notice under subsection (5)(b);"television programme service locking device" (锁码装置) means a device which enables a person to whom a television programme service is or is to be provided to control access to the service; "unauthorized decoder" (未经批准的解码器) means a decoder by means of which encrypted television programmes or encrypted television programme services provided under a licence can be viewed in decoded form without payment of a subscription where a subscription is required to be paid; (Added 8 of 2004 s. 2) "voting control" (表决控制权) and "voting controller" (表决控权人) mean the same as they do in the definitions of "voting control" and "voting controller" respectively in Part 1 of Schedule 1; "voting share" (有表决权股份), in relation to a corporation, means a share which entitles the registered owner of the share to vote at meetings of the shareholders of the corporation. (2) The Broadcasting Authority may, by notice in the Gazette, declare that persons specified in the notice are not associates if the Broadcasting Authority specifies in the notice that it is satisfied that- (a) the persons do not act together in any relevant dealing relating to a licensee or disqualified person; and (b) each person is not in a position to exert influence over the business dealings of the other person in relation to that licensee or disqualified person.(3) The Chief Executive in Council or the Broadcasting Authority, as the case may require, may, by notice in writing, specify the form and the amount of a first performance bond or bank guarantee mentioned in the definition of "performance bond" in subsection (1). (4) For the purposes of this Ordinance- (a) transmission on a point-to-point basis means that each transmission (of which there may be more than one at the same time, but independent of and separate from one another) is between one point and only one other point; (b) transmission on a point-to-multipoint basis means that a transmission is between one point and 2 or more other points; (c) a television programme does not cease to be so merely because it is an interactive programme, that is, a programme which is designed so that the viewer can participate in or influence its contents and method of presentation (if it is otherwise a television programme).(5) The Chief Executive in Council may, by notice in the Gazette- (a) declare a service, or a class of services, specified in the notice to be a television programme service, or a class of television programme services, as the case may be; (b) declare a service, or a class of services, specified in the notice not to be a television programme service, or a class of television programme services, as the case may be.(6) Any reference in this Ordinance to the performance of a function shall be construed as including the exercise of a power or the performance of a duty, as the case may require. (7) Where, in relation to a corporation, 2 or more persons have a joint interest, then for the purposes of this Ordinance each of those persons shall be regarded as having the entire interest to the exclusion of the other persons. (8) For the purposes of this Ordinance- (a) Schedules 1 and 4, unless otherwise stated, shall have effect to and in relation to a domestic free television programme service, domestic free television programme service licence and domestic free television programme service licensee; (b) Schedules 1 and 5, unless otherwise stated, shall have effect to and in relation to a domestic pay television programme service, domestic pay television programme service licence and domestic pay television programme service licensee; (c) Schedule 6, unless otherwise stated, shall have effect to and in relation to a non-domestic television programme service, non-domestic television programme service licence and non-domestic television programme service licensee; |
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