Page:Broadcasting Ordinance (Cap. 562).pdf/10

BROADCASTING ORDINANCE (2) The Broadcasting Authority may, by notice in the Gazette, declare that persons specified in the notice are not associates if the Broadcasting Authority specifies in the notice that it is satisfied that—
 * (a) the persons do not act together in any relevant dealing relating to a licensee or disqualified person; and
 * (b) each person is not in a position to exert influence over the business dealings of the other person in relation to that licensee or disqualified person.

(3) The Chief Executive in Council or the Broadcasting Authority, as the case may require, may, by notice in writing, specify the form and the amount of a first performance bond or bank guarantee mentioned in the definition of “performance bond” in subsection (1).

(4) For the purposes of this Ordinance—
 * (a) transmission on a point-to-point basis means that each transmission (of which there may be more than one at the same time, but independent of and separate from one another) is between one point and only one other point;
 * (b) transmission on a point-to-multipoint basis means that a transmission is between one point and 2 or more other points;
 * (c) a television programme does not cease to be so merely because it is an interactive programme, that is, a programme which is designed so that the viewer can participate in or influence its contents and method of presentation (if it is otherwise a television programme).

(5) The Chief Executive in Council may, by notice in the Gazette—
 * (a) declare a service, or a class of services, specified in the notice to be a television programme service, or a class of television programme services, as the case may be;
 * (b) declare a service, or a class of services, specified in the notice not to be a television programme service, or a class of television programme services, as the case may be.

(6) Any reference in this Ordinance to the performance of a function shall be construed as including the exercise of a power or the performance of a duty, as the case may require.

(7) Where, in relation to a corporation, 2 or more persons have a joint interest, then for the purposes of this Ordinance each of those persons shall be regarded as having the entire interest to the exclusion of the other persons.

(8) For the purposes of this Ordinance—
 * (a) Schedules 1 and 4, unless otherwise stated, shall have effect to and in relation to a domestic free television programme service, domestic free television programme service licence and domestic free television programme service licensee;