Page:Broadcasting Ordinance (Cap. 562).pdf/49

BROADCASTING ORDINANCE PART 2 3. Disqualified person not to hold licence or exercise control

(1) A disqualified person shall not become the holder of a licence or exercise control of a licensee unless the disqualification was disclosed in the application for the licence.

(2) Unless the Chief Executive in Council, on application in the specified form by a licensee, is satisfied that the public interest so requires and approves otherwise—
 * (a) a person shall not become or remain the holder of a licence if he is a disqualified person; and
 * (b) a person shall not exercise control of a licensee if he is a disqualified person.

(3) In considering the public interest for the purposes of subsection (2), account shall be taken of, but not limited to, the following matters—
 * (a) the effect on competition in the relevant service market;
 * (b) the extent to which viewers will be offered more diversified television programme choices;
 * (c) the impact on the development of the broadcasting industry; and
 * (d) the overall benefits to the economy.

4. Disqualification of licensees

(1) Subject to subsection (2), any one of the following shall be a disqualified person in relation to a licence—
 * (a) a licensee in the same category of licence;
 * (b) a licensee in a different category of licence, including a non-domestic television programme service licence and an other television programme service licence (except that a non-domestic television programme service licensee is not a disqualified person in relation to a domestic pay television programme service licence);
 * (c) a person who exercises control in the licensee mentioned in paragraph (a) or (b);
 * (d) an associate of a person who is a disqualified person by virtue of paragraph (a), (b) or (c).

(2) A licensee mentioned in subsection (1)(a) or (b) shall not be disqualified from holding a licence by reason only of the fact that it has, under Part 4, obtained the prior approval in writing of the Chief Executive in Council to hold or acquire an interest in a company which is a disqualified person.

(3) A person shall not be a disqualified person in relation to a company which is a licensee by reason only of the fact that he is a director or a principal officer of, or holds or controls more than 15% of the voting shares in, that company.

5. Disqualification of sound broadcasting licensees

The following are disqualified persons in relation to a licence—
 * (a) a sound broadcasting licensee under Part IIIA of the Telecommunications Ordinance (Cap. 106);
 * (b) a person who exercises control over a licensee mentioned in paragraph (a); or
 * (c) an associate of—
 * (i) a licensee mentioned in paragraph (a); or
 * (ii) a person mentioned in paragraph (b).