Page:Broadcasting Ordinance (Cap. 562).pdf/44

BROADCASTING ORDINANCE '''42. Regulations'''

(1) The Chief Executive in Council may by regulation—
 * (a) in relation to a licence, specify requirements, additional to those specified elsewhere in this Ordinance, with respect to the control, whether direct or indirect, to be exercised over the provision of television programme services, the board of directors, or property used or kept by the licensee in connection with its licensed service by any other person;
 * (b) empower the Broadcasting Authority to waive or dispense with the requirements mentioned in paragraph (a) generally or in a particular case on the grounds specified in the regulation;
 * (c) in relation to a domestic free television programme service licence or domestic pay television programme service licence, specify requirements, additional to those specified elsewhere in this Ordinance, with respect to the beneficial ownership or control, whether direct or indirect, of any of the voting shares in the licensee;
 * (d) for the purposes of securing compliance with Parts 3 and 4 of Schedule 1 by a domestic free television programme service licensee, make provision for—
 * (i) matters relating to voting controllers under that Schedule; and
 * (ii) the holding, acquisition or disposal of rights, titles and interests to or in voting shares in a licensee;
 * (e) specify television programme and advertising standards, including, without limitation, restrictions on the time of day when television programme and advertisements may be provided, and may do so for different licensees and different broadcasting services;
 * (f) prescribe anything that may be prescribed under this Ordinance;
 * (g) provide for any matter incidental or ancillary to or necessary to give effect to any matter referred to in paragraph (a), (b), (c), (d), (e) or (f).

(2) Subject to subsection (3), regulations under subsection (1) shall be subject to the approval of the Legislative Council.

(3) Subject to subsection (4), subsection (2) shall not apply to regulations under subsection (1)(f) or regulations under subsection (1)(g) to the extent that they relate to subsection (1)(f).

(4) Subsection (3) shall not apply to regulations relating to section 13(4)(b) or (5)(b).