【法规名称】
【法规编号】 44506 什么是编号？
【正 文】
第9页 CAP 562 BROADCASTING ORDINANCE
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[接上页] (4) The Chief Executive in Council or the Broadcasting Authority, as the case may require, may, where he or it considers it is in the public interest to do so, vary a licence at any time during its period of validity after the licensee has been given a reasonable opportunity to make representations under subsection (5). (5) A licensee may make representations to the Broadcasting Authority in relation to any proposed variation under subsection (4) and, in the case of a licence granted by the Chief Executive in Council, the Broadcasting Authority shall fairly reflect the representations to the Chief Executive in Council. (6) The Chief Executive in Council or the Broadcasting Authority, as the case may require, shall consider the representations, if any, made under subsection (5) before implementing any proposed variation under subsection (4). (7) A licence or an interest in a licence shall not be transferred in whole or in part. Cap 562 s 11 Extension or renewal of licence (1) The Chief Executive in Council or the Broadcasting Authority, as the case may require, may, during the period of validity of a licence, extend or renew the licence, in accordance with the provisions of this Ordinance, to take effect upon expiry of the validity of the licence. (2) A licensee shall submit to the Broadcasting Authority an application in the specified form- (a) for the extension or renewal of its licence; and (b) not less than 24 months, or such shorter period as the Broadcasting Authority may specify in a particular case, before the date on which the period of validity of the licence expires.(3) The Broadcasting Authority shall, in respect of a domestic free television programme service licence or domestic pay television programme service licence, as soon as is practicable after the receipt of an application under subsection (2) and, in any case, not later than 12 months before the expiry of the period of validity of the licence, submit recommendations to the Chief Executive in Council in relation to the extension or non-extension or renewal or non-renewal of the licence, and where appropriate, the conditions subject to which the licence may be extended or renewed. (4) Where subsection (3) applies to a domestic free television programme service licence, or a domestic pay television programme service licence, which may be extended or renewed for a period of 6 years or more, the Broadcasting Authority shall conduct a public hearing in accordance with procedures for the hearing determined by the Broadcasting Authority. (5) Where recommendations are made under subsection (3), the Chief Executive in Council shall consider them and as soon as is practicable- (a) extend or renew the licence to which they relate subject to such conditions as he thinks fit specified in the licence; or (b) decide not to extend or renew the licence.(6) In the case of a non-domestic television programme service licence or an other licensable television programme service licence, the Broadcasting Authority shall, at a time reasonable in all the circumstances of the case before the expiry of the licence- (a) extend or renew the licence subject to such conditions as it thinks fit specified in the licence; or (b) decide not to extend or renew the licence. Cap 562 s 12 Determination of whether television programme service primarily targets Hong Kong (1) A licensee (including a person seeking to be a licensee) shall, before providing a television programme service in or from Hong Kong, make an application in the specified form to the Broadcasting Authority for a determination on whether or not the service would, if provided, primarily target Hong Kong. (2) The Broadcasting Authority shall, as soon as is practicable after the receipt of an application under subsection (1), make a determination in writing that the Broadcasting Authority is of the opinion that the television programme service the subject of the application, if provided- (a) would primarily target Hong Kong; or (b) would not primarily target Hong Kong.(3) Where the Broadcasting Authority has made a determination under subsection (2), it shall as soon as is practicable after making the determination, serve a copy of the determination on the licensee (or person seeking to be a licensee) concerned together with a statement of its reasons in support of the determination. (4) Subject to subsection (5), where the Broadcasting Authority ceases to be of the opinion that gave rise to a determination under subsection (2) ("old determination"), then- (a) it shall make a further determination in writing ("new determination") that the Broadcasting Authority is of the opinion that the television programme service the subject of the old determination- (i) primarily targets Hong Kong; or (ii) does not primarily target Hong Kong;(b) it shall as soon as is practicable after making the new determination, serve a copy of the new determination on the licensee (or person seeking to be a licensee) concerned together with a statement of its reasons in support of the determination; |
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