【法规名称】
【法规编号】 44506 什么是编号？
【正 文】
第8页 CAP 562 BROADCASTING ORDINANCE
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[接上页] (3) A licensee may bring an action for damages, an injunction or other appropriate remedy, order or relief against any person who possesses or uses, or authorizes another person to possess or use an unauthorized decoder to view any television programme service which is intended or available for reception by the public, on payment, whether periodically or otherwise, of a subscription in Hong Kong. (Added 8 of 2004 s. 5) Cap 562 s 8 To whom licence may be granted PART IV LICENCES-GENERAL PROVISIONS (1) The Chief Executive in Council may in accordance with this Ordinance grant a licence to provide a domestic free television programme service or domestic pay television programme service on application made to him in the specified form by a company. (2) The Broadcasting Authority may in accordance with this Ordinance grant a licence to provide a non-domestic television programme service or an other licensable television programme service on application made to it in the specified form by a company. (3) Subject to subsection (4), a domestic free television programme service licence shall not be granted to a company which is a subsidiary of a corporation. (4) Without prejudice to the operation of Schedules 1, 4, 5, 6 and 7, unless otherwise provided in this Ordinance, a licence shall not be granted to and held by a company unless- (a) in the case of a domestic free television programme service licence or domestic pay television programme service licence- (i) the company complies with paragraph (b) of the definition of "ordinarily resident in Hong Kong" in section 2(1); (ii) the majority of the directors required under subparagraph (iv) actively participate in the direction of the company; (iii) a quorum of every meeting of the directors of the company has a majority of directors who is each for the time being ordinarily resident in Hong Kong in accordance with paragraph (a) of the definition of "ordinarily resident in Hong Kong" in section 2(1) and has been so resident for at least one continuous period of not less than 7 years; (iv) except with the prior approval in writing of the Broadcasting Authority, the majority of the directors of the company and the majority of the principal officers of the company, including the principal officer of the company in charge of the selection, production or scheduling of television programmes, is each an individual who is for the time being ordinarily resident in Hong Kong in accordance with paragraph (a) of the definition of "ordinarily resident in Hong Kong" in section 2(1) and has been so resident for at least one continuous period of not less than 7 years; and (v) no disqualified person, other than a person whose disqualification is disclosed in the application for the licence, exercises control in the company;(b) in the case of a non-domestic television programme service licence or an other licensable television programme service licence, not less than one director or principal officer of the company is an individual who is for the time being ordinarily resident in Hong Kong in accordance with paragraph (a) of the definition of "ordinarily resident in Hong Kong" in section 2(1) and has been so resident for at least one continuous period of not less than 7 years; and (c) in the case of any licence, the company is empowered under its memorandum and articles of association to comply fully with the provisions of this Ordinance and its licence conditions (whether actual or proposed). Cap 562 s 9 Recommendations by the Broadcasting Authority on applications for licences (1) An application for the purposes of section 8(1) or (2) shall be submitted to the Broadcasting Authority in the specified form. (2) The Broadcasting Authority shall consider applications for a domestic free television programme service licence or a domestic pay television programme service licence and make recommendations thereon to the Chief Executive in Council. (3) Where an application is submitted to the Broadcasting Authority, it shall- (a) cause a notice to be published in the Gazette as soon as is practicable- (i) stating the name of the applicant and the type of licence sought by the applicant together with such other particulars as the Broadcasting Authority thinks fit; and (ii) stating that members of the public who are interested may make representations on the application to the Broadcasting Authority by a date specified in the notice, being a date not less than 21 days after the notice is published; and(b) consider the representations, if any, received by the date. Cap 562 s 10 Grant of licence (1) The Chief Executive in Council may, after considering recommendations made pursuant to section 9(2), grant a licence under section 8(1) subject to such conditions as he thinks fit specified in the licence. (2) Subject to subsection (3), the Broadcasting Authority may grant a licence under section 8(2) subject to such conditions as it thinks fit specified in the licence. (3) The Chief Executive in Council, in the case of licences, or a class of licences, that may be granted under section 8(1) and the Broadcasting Authority, in the case of licences, or a class of licences, that may be granted under section 8(2), may by notice in writing specify conditions to which the licences shall be subject. |
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