Page:Broadcasting Ordinance (Cap. 562).pdf/16

BROADCASTING ORDINANCE '''7. 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.

(2) Subsection (1) shall not apply in relation to—
 * (a) an encrypted broadcasting service which is licensed other than on a subscription basis; or
 * (b) a decoder, or a decoder belonging to a class of decoders, which is not a decoder for the purposes of subsection (1) in accordance with the provisions of a notice under subsection (4).

(3) A person who contravenes subsection (1) commits an offence and is liable—
 * (a) on summary conviction, to a fine at level 6 and to imprisonment for 2 years;
 * (b) on conviction on indictment, to a fine of $1,000,000 and to imprisonment for 5 years.

(4) The Telecommunications Authority may, by notice in the Gazette, declare a decoder, or a class of decoders, specified in the notice not to be a decoder, or a class of decoders, as the case may be, for the purposes of subsection (1).

(5) 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. PART IV '''8. To whom licence may be granted'''

(1) The Chief Executive in Council may in accordance with this Ordinance grant a licence to provide a domestic free television programme service or domestic pay television programme service on application made to him in the specified form by a company.

(2) The Broadcasting Authority may in accordance with this Ordinance grant a licence to provide a non-domestic television programme service or an other licensable television programme service on application made to it in the specified form by a company.