Page:Broadcasting Ordinance (Cap. 562).pdf/20

BROADCASTING ORDINANCE :(a) extend or renew the licence subject to such conditions as it thinks fit specified in the licence; or
 * (b) decide not to extend or renew the licence.

12. Determination of whether television programme service primarily targets Hong Kong

(1) A licensee (including a person seeking to be a licensee) shall, before providing a television programme service in or from Hong Kong, make an application in the specified form to the Broadcasting Authority for a determination on whether or not the service would, if provided, primarily target Hong Kong.

(2) The Broadcasting Authority shall, as soon as is practicable after the receipt of an application under subsection (1), make a determination in writing that the Broadcasting Authority is of the opinion that the television programme service the subject of the application, if provided—
 * (a) would primarily target Hong Kong; or
 * (b) would not primarily target Hong Kong.

(3) Where the Broadcasting Authority has made a determination under subsection (2), it shall as soon as is practicable after making the determination, serve a copy of the determination on the licensee (or person seeking to be a licensee) concerned together with a statement of its reasons in support of the determination.

(4) Subject to subsection (5), where the Broadcasting Authority ceases to be of the opinion that gave rise to a determination under subsection (2) (“old determination”), then—
 * (a) it shall make a further determination in writing (“new determination”) that the Broadcasting Authority is of the opinion that the television programme service the subject of the old determination—
 * (i) primarily targets Hong Kong; or
 * (ii) does not primarily target Hong Kong;
 * (b) it shall as soon as is practicable after making the new determination, serve a copy of the new determination on the licensee (or person seeking to be a licensee) concerned together with a statement of its reasons in support of the determination;
 * (c) upon the date the licensee (or person seeking to be a licensee) is served with a copy of the new determination, the old determination shall thereupon be deemed to be repealed unless the new determination provides for the repeal of the old determination at a later date; and