| To provide for the establishment and functions of a Broadcasting Authority and for matters incidental thereto or connected therewith. (Enacted 1987) [1 September 1987] L.N. 277 of 1987 (Originally 49 of 1987) Cap 391 s 1 Short title PART I PRELIMINARY This Ordinance may be cited as the Broadcasting Authority Ordinance. (Enacted 1987) Cap 391 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "Authority" (管理局) means the Broadcasting Authority established under section 3; "broadcasting" (广播) means- (a) in relation to sound broadcasting, transmitting sound (otherwise than as part of a television broadcast) for general reception by means of radio waves; (b) in relation to television broadcasting services, the provision of a television programme service within the meaning of section 2(1) of the Broadcasting Ordinance (Cap 562); (Replaced 48 of 2000 s. 44) (c) (Repealed 48 of 2000 s. 44)"Code of Practice" (业务守则) means- (a) in relation to sound broadcasting, a Code of Practice issued by the Authority under section 19; (b) in relation to television broadcasting, a Code of Practice approved and issued under section 3 of the Broadcasting Ordinance (Cap 562); (Replaced 48 of 2000 s. 44) (c) (Repealed 48 of 2000 s. 44)"Complaints Committee" (投欣委员会) and "Committee" (委员会) mean the Complaints Committee appointed under section 10; "licence" (牌照) means- (a) in relation to sound broadcasting, a licence granted under section 13C of the Telecommunications Ordinance (Cap 106); (b) in relation to television broadcasting services, a licence granted (or deemed to be granted) under section 8 of the Broadcasting Ordinance (Cap 562); (Replaced 48 of 2000 s. 44) (c) (Repealed 48 of 2000 s. 44)"licensee" (持牌人) means a company granted any such licence; (Replaced 52 of 1989 s. 2) "principal executive officer" (行政主管) means the principal executive officer of the Authority referred to in section 13. (Enacted 1987) Cap 391 s 3 Establishment of the Broadcasting Authority PART II ESTABLISHMENT AND PROCEDURES OF THE BROADCASTING AUTHORITY There is hereby established a Broadcasting Authority which shall be a body corporate with perpetual succession and a common seal and in that name may sue and be sued. (Enacted 1987) Cap 391 s 4 Membership of the Authority Remarks: Adaptation amendments retroactively made - see 55 of 1999 s. 3 (1) The Authority shall consist of- (a) 3 public officers; and (b) not less than 6 nor more than 9 persons ordinarily resident in Hong Kong and who have been so resident for at least 7 years, not being public officers,appointed by the Chief Executive. (2) Subject to subsections (3), (4), (5) and (6), a member of the Authority other than a public officer shall hold office for such period, not exceeding 3 years from the date of his appointment, as is specified by the Chief Executive and shall be eligible for reappointment. (3) A member of the Authority may at any time, by notice in writing to the Chief Executive, resign from the Authority. (4) If any member of the Authority- (a) has been absent from the meetings of the Authority without its permission for a period longer than 3 months; (b) becomes bankrupt or enters into a voluntary arrangement with his creditors, within the meaning of the Bankruptcy Ordinance (Cap. 6); (Amended 76 of 1996 s. 85) (c) becomes incapacitated by physical or mental illness; (d) ceases to be ordinarily resident in Hong Kong; or (e) is otherwise unable or unfit to discharge the functions of a member of the Authority,the Chief Executive may by notice in writing declare his office as a member of the Authority to be vacant. (5) Where any member of the Authority resigns or the office of any member otherwise becomes vacant before the expiry of his period of appointment, the Chief Executive may appoint another person to hold office until the expiry of the period for which such member was originally appointed. (6) Where any member of the Authority is precluded by temporary absence or incapacity from exercising the functions of a member for any period, the Chief Executive may appoint another person to hold office in place of such member during that period. (7) A member appointed under subsection (5) or (6) shall have the same rights, powers, duties and liabilities as if he had been appointed under subsection (1). (8) For the purposes of this section a person shall be regarded as ordinarily resident in Hong Kong if he is resident in Hong Kong for not less than- (a) 180 days in any calendar year; or (b) 300 days in any 2 consecutive calendar years. (Enacted 1987. Amended 55 of 1999 s. 3) Cap 391 s 5 Chairman and vice-chairman Remarks: Adaptation amendments retroactively made - see 55 of 1999 s. 3 (1) The Chief Executive shall appoint- (a) a member of the Authority other than a member who is a public officer to be the chairman of the Authority; and (b) a member of the Authority to be the vice-chairman of the Authority,and may at any time revoke any such appointment. |
