Page:Broadcasting Ordinance (Cap. 562).pdf/11

BROADCASTING ORDINANCE :(b) Schedules 1 and 5, unless otherwise stated, shall have effect to and in relation to a domestic pay television programme service, domestic pay television programme service licence and domestic pay television programme service licensee;
 * (c) Schedule 6, unless otherwise stated, shall have effect to and in relation to a non-domestic television programme service, nondomestic television programme service licence and non-domestic television programme service licensee;
 * (d) Schedule 7, unless otherwise stated, shall have effect to and in relation to an other licensable television programme service, other licensable television programme service licence and other licensable television programme service licensee.

(9) For the avoidance of doubt, it is hereby declared that—
 * (a) a television programme service includes any advertisements comprised within the service;
 * (b) a notice under subsection (2) or (3) is not subsidiary legislation;
 * (c) a notice under subsection (5) is subsidiary legislation;
 * (d) where a condition specified in a licence makes any reference to an approval by or of the Broadcasting Authority or the Telecommunications Authority (or words to the like effect), then that approval may be given subject to such conditions as the Broadcasting Authority or the Telecommunications Authority, as the case may be, thinks fit;
 * (e) a provision of this Ordinance which requires information or a document to be disclosed or otherwise given to the Broadcasting Authority or any other person does not operate to require a person to disclose or otherwise give any information or document which the person could not be compelled to disclose or otherwise give in evidence in civil proceedings before the Court of First Instance.

(10) Subsection (9)(e) shall not apply to the disclosure by a solicitor of the name and address of a client of the solicitor.

(11) In exercising their powers under this Ordinance, the Broadcasting Authority and the Telecommunications Authority shall—
 * (a) when forming an opinion or making a determination, direction or decision under this Ordinance, only do so on reasonable grounds and having regard to relevant considerations;
 * (b) when forming an opinion or making a determination, direction or decision under this Ordinance, provide reasons in writing for it.