| An Ordinance to license companies to provide broadcasting services, to regulate the provision of broadcasting services by licensees, and to provide for matters incidental thereto or connected therewith. [The Ordinance (other than } sections 13, 14, 16 and 17) 7 July 2000 Sections 13, 14, 16 and 17 } 16 February 2001 L.N. 45 of 2001] (Originally 48 of 2000) Cap 562 s 1 Short title PART I PRELIMINARY (1) This Ordinance may be cited as the Broadcasting Ordinance. (2)-(3) (Omitted as spent) Cap 562 s 2 Interpretation (1) In this Ordinance, unless the context otherwise requires- "associate" (相联者)- (a) subject to paragraph (b), in relation to- (i) a voting controller holding voting control, means the same as it does in the definition of "associate" in Part 1 of Schedule 1; (ii) a disqualified person, means the same as it does in relation to a voting controller holding voting control, with the modification that any reference in the definition mentioned in subparagraph (i) to a voting controller shall be construed as a reference to a disqualified person; (iii) a licensee, means the same as it does in relation to a voting controller which is a corporation holding voting control, with the modification that any reference in the definition mentioned in subparagraph (i) to a voting controller which is a corporation shall be construed as a reference to a licensee; (iv) a person who exercises control of a licensee, means the same as it does in relation to a voting controller holding voting control, with the modification that any reference in the definition mentioned in subparagraph (i) to a voting controller shall be construed as a reference to a person who exercises control of a licensee;(b) does not include a person who is not an associate in accordance with the provisions of a notice under subsection (2);"Broadcasting Authority" (广管局) means the Broadcasting Authority established under section 3 of the Broadcasting Authority Ordinance (Cap 391); "broadcasting service" (广播服务) means- (a) a domestic free television programme service; (b) a domestic pay television programme service; (c) a non-domestic television programme service; or (d) an other licensable television programme service;"Chief Secretary" (司长) means the Chief Secretary for Administration; "Code of Practice" (业务守则) means a Code of Practice approved under section 3; "company" (公司) means the same as it does in the definition of "company" in section 2(1) of the Companies Ordinance (Cap 32); "conditions" (条件), in relation to a licence, means the conditions specified in the licence, the conditions specified in this Ordinance which are applicable to the licence and the conditions specified in a notice under section 10(3) which are applicable to the licence; "corporation" (法团) means a company or other body corporate; "decoder" (解码器) means an apparatus, component part of an apparatus, or other component in electronic or tangible form, which is designed or adapted to enable (whether of its own or with any other apparatus) an encrypted television programme service to be decoded; "disqualified person" (不符合持牌资格人士) means the same as it does in the definition of "disqualified person" in Part 1 of Schedule 1; "domestic free television programme service" (本地免费电视节目服务) means a television programme service which- (a) is intended or available for reception by the public free of charge in Hong Kong; (b) is intended or available for reception by an audience of more than 5000 specified premises; and (c) primarily targets Hong Kong;"domestic pay television programme service" (本地收费电视节目服务) means a television programme service which- (a) is intended or available for reception by the public, on payment, whether periodically or otherwise, of a subscription in Hong Kong; (b) is intended or available for reception by an audience of more than 5000 specified premises; and (c) primarily targets Hong Kong;"domestic premises" (住宅) means any premises which are constructed or intended to be used for habitation; "dominant position" (支配优势) means dominant position construed in accordance with section 14; "exercise control" (行使控制) means the same as it does in Part 1 of Schedule 1; "function" (职能) includes a power and a duty; "hotel room" (酒店房间) means accommodation within the meaning of section 2(1) of the Hotel Accommodation Tax Ordinance (Cap 348); "influence" (影响、影响力) means the same as it does in the definition of "influence" in Part 1 of Schedule 1; "let for hire" (出租) includes invite to let for hire; "licence" (牌照) means a licence- (a) granted under section 8(1) to provide a domestic free television programme service or domestic pay television programme service; or (b) granted under section 8(2) to provide a non-domestic television programme service or an other licensable television programme service;"licensee" (持牌人) means the holder of a licence; |
