Page:Broadcasting Ordinance (Cap. 562).pdf/19

BROADCASTING ORDINANCE (5) A licensee may make representations to the Broadcasting Authority in relation to any proposed variation under subsection (4) and, in the case of a licence granted by the Chief Executive in Council, the Broadcasting Authority shall fairly reflect the representations to the Chief Executive in Council.

(6) The Chief Executive in Council or the Broadcasting Authority, as the case may require, shall consider the representations, if any, made under subsection (5) before implementing any proposed variation under subsection (4).

(7) A licence or an interest in a licence shall not be transferred in whole or in part.

11. Extension or renewal of licence

(1) The Chief Executive in Council or the Broadcasting Authority, as the case may require, may, during the period of validity of a licence, extend or renew the licence, in accordance with the provisions of this Ordinance, to take effect upon expiry of the validity of the licence.

(2) A licensee shall submit to the Broadcasting Authority an application in the specified form—
 * (a) for the extension or renewal of its licence; and
 * (b) not less than 24 months, or such shorter period as the Broadcasting Authority may specify in a particular case, before the date on which the period of validity of the licence expires.

(3) The Broadcasting Authority shall, in respect of a domestic free television programme service licence or domestic pay television programme service licence, as soon as is practicable after the receipt of an application under subsection (2) and, in any case, not later than 12 months before the expiry of the period of validity of the licence, submit recommendations to the Chief Executive in Council in relation to the extension or non-extension or renewal or non-renewal of the licence, and where appropriate, the conditions subject to which the licence may be extended or renewed.

(4) Where subsection (3) applies to a domestic free television programme service licence, or a domestic pay television programme service licence, which may be extended or renewed for a period of 6 years or more, the Broadcasting Authority shall conduct a public hearing in accordance with procedures for the hearing determined by the Broadcasting Authority.

(5) Where recommendations are made under subsection (3), the Chief Executive in Council shall consider them and as soon as is practicable—
 * (a) extend or renew the licence to which they relate subject to such conditions as he thinks fit specified in the licence; or
 * (b) decide not to extend or renew the licence.

(6) In the case of a non-domestic television programme service licence or an other licensable television programme service licence, the Broadcasting Authority shall, at a time reasonable in all the circumstances of the case before the expiry of the licence—