Legislative Council of Hong Kong

“ The provision of a transactional service, that is, a service which affords facilities to conduct from the place of reception of the service, using the same means of telecommunications by which the service is provided, transactions for the receipt of goods or services, or both, other than a transaction which consists of ordering and receiving a service that includes television programmes by the same means of telecommunications. ”

“ For the avoidance of doubt, it is hereby declared that where a person gives or produces any information or document under this section notwithstanding that the information or document is the subject of a confidentiality agreement with another person that prevents the first-mentioned person from releasing the information or document, the first-mentioned person shall not be liable for any civil liability or claim whatever in respect of the giving or production of that information or document contrary to that agreement. ”

“ Unless the Chief Executive in Council, on application in the specified form by a licensee, is satisfied that the public interest so requires and approves otherwise—
(a) a person shall not become or remain the holder of a licence if he is a disqualified person; and (b) a person shall not exercise control of a licensee if he is a disqualified person. ”

“ If an unqualified voting controller holds more than 10%, in the aggregate, of the total voting control of a licensee in contravention of subsection (1) (a) , notwithstanding anything contained in the memorandum or articles of association of the licensee or any provision of the laws of Hong Kong apart from this section, he shall not exercise or cause or permit to be exercised, in relation to any question or matter arising at a general meeting of the licensee, voting rights exceeding, in the aggregate, 10% of the total voting control of the licensee. ”

“ For the purposes of this Schedule, the fact that the particular voting share or shares in relation to which a person is a voting controller cannot be identified is immaterial.
(5) For the purposes of this Schedule, any reference to exercise of control—
(a) in relation to a corporation, shall be construed in accordance with subsection (6) ; (b) in relation to a body other than a corporation, means the power of a person to ensure, by virtue of the rules regulating that or any other body, that the affairs of the first-mentioned body are conducted in accordance with the wishes of that person. ”

“ Any provision in an agreement which requires a licensee to include or to refrain from including in its licensed service any material, other than material to be supplied under the agreement, shall not be enforceable against the licensee. ”

“ Offence of providing decoders and reception equipment for television programme service on subscription basis without licence
(1) Subject to subsection (2) , a person shall not, in the course of trade or business, import, export, manufacture, sell, offer for sale or let for hire any decoder for use by a Television Receive Only System to receive a broadcasting service which is not licensed on a subscription basis. ”

“ A service consisting of a closed circuit television system comprising a television transmitter unit, with or without an associated audio system, connected to reception units by wire or other material substance which does not cross a public street or unleased Government land, where the service is operated solely for internal information or security information purposes solely for users of the reception units. ”

“ In this section, “Television Receive Only System” (單一接收電視系統) means a system for receiving satellite television signals for use by a single specified premises and the received signals are not distributed to others.
(6) For the avoidance of doubt, it is hereby declared that a notice under subsection (4) is subsidiary legislation. ”

“ A licensee shall not include in its licensed service a television programme, or any part thereof, that is likely, in Hong Kong, to—
(a) incite hatred against any group of persons, being a group defined by reference to colour, race, sex, religion, nationality or ethnic or national origins ”

“ Every person exercising any power under subsection (1) or (3) shall be furnished with a copy of his authorization and shall, upon request, produce for inspection, evidence of his identity and of his authorization. ”

“ Subsection (3) shall not apply to the disclosure of the name and address of a voting controller by an authorized institution, or the nominee of such an institution, mentioned in that subsection.
(5) Subject to subsection (6) , any information designated as confidential which is received by a licensee or the Broadcasting Authority under this Part shall be treated as confidential. ”

“ For the purposes of this section, a company shall be deemed to have its usual place of business at its registered office, and any other body corporate shall be deemed to have a usual place of business at its principal office or any other place at which it carries on business. ”

“ Notwithstanding the provisions of the Gambling Ordinance (Cap. 148) , contests which comply with the standards set out in a Code of Practice applicable to contests may be organized in connection with television programmes included in a licensed service and may form part of those programmes. ”