Page:Broadcasting Ordinance (Cap. 562).pdf/47

BROADCASTING ORDINANCE “associated corporation” (相聯法團), in relation to a voting controller holding voting control (whether qualified or unqualified), means—
 * (a) a corporation over which the voting controller has influence;
 * (b) a corporation which has influence over the voting controller being itself a corporation (“the second corporation”);
 * (c) a corporation which is under the influence of the second corporation;

“disqualified person” (不符合持牌資格人士) means a person who is a disqualified person under section 4, 5, 6 or 7;

“influence” (影響、影響力), in relation to a corporation, means the power of a voting controller to ensure—
 * (a) by means of the holding of shares or possession of voting power in or in relation to that or any other corporation; or
 * (b) by virtue of any powers conferred by the memorandum or articles of association regulating that or any other corporation,

that the affairs of the first-mentioned corporation are conducted in accordance with the wishes of the voting controller;

“licence” (牌照) means a domestic free television programme service licence or domestic pay television programme service licence;

“licensee” (持牌人) means the holder of a licence;

“licensee’s register” (持牌人登記冊), in relation to a particular licensee, means the register required to be kept under section 95 of the Companies Ordinance (Cap. 32);

“principal officer” (主要人員), in relation to a corporation, means—
 * (a) a person employed or engaged by the corporation who, by himself or with 1 or more other persons, is responsible under the immediate authority of the directors of the corporation for the conduct of the business of the corporation; or
 * (b) a person so employed or engaged who, under the immediate authority of a director of the corporation or a person to whom paragraph (a) applies, performs managerial functions in respect of the corporation;

“qualified voting controller” (一般表決控權人) means—
 * (a) a voting controller who—
 * (i) in the case of an individual, is ordinarily resident in Hong Kong in accordance with paragraph (a) of the definition of “ordinarily resident in Hong Kong” in section 2(1) of this Ordinance and has been so resident for at least one continuous period of not less than 7 years;
 * (ii) in the case of a corporation, is ordinarily resident in Hong Kong; or
 * (b) a voting controller who is—
 * (i) the trustee or manager of any unit trust or mutual fund corporation authorized under section 15 of the Securities Ordinance (Cap. 333);
 * (ii) the trustee of a charitable scheme made by order of a court of competent jurisdiction;
 * (iii) a judicial officer in whom the estate of a deceased is vested between the time of death and the grant of letters of administration;
 * (iv) the Registrar of the High Court; or
 * (v) such other person as may be prescribed;

“relative” (親屬), in relation to an individual, means the spouse, parent, child, brother, sister, brother-in-law, father-in-law, mother-in-law, sister-in-law, daughter-in-law, son-in-law, aunt, cousin, uncle, niece, nephew, grandfather or grandmother of the individual, and for the purposes of this definition, an adopted child shall be regarded as a child both of the natural parents and the adoptive parents and a stepchild as the child both of the natural parents and any step parents;

“total voting control” (總計表決控制權) means the aggregate of voting control;

“unqualified voting controller” (受限制表決控權人) means a voting controller who is not a qualified voting controller;

“voting control” (表決控制權) means the control of or the ability to control, whether directly or indirectly, the exercise of the right to vote attaching to 1 or more voting shares of a licensee—
 * (a) by the exercise of a right, where such exercise confers the ability to exercise a right to vote or to control the exercise of a right to vote;
 * (b) by an entitlement to exercise such a right to vote;
 * (c) under a duty or obligation;