Page:Broadcasting Ordinance (Cap. 562).pdf/50

BROADCASTING ORDINANCE '''6. Disqualification of advertising agencies'''

The following are disqualified persons in relation to a licence—
 * (a) an advertising agency;
 * (b) a person who exercises control over an advertising agency; or
 * (c) an associate of—
 * (i) an advertising agency; or
 * (ii) a person mentioned in paragraph (b).

7. Disqualification of local newspapers

The following are disqualified persons in relation to a licence—
 * (a) the proprietor of a newspaper printed or produced in Hong Kong;
 * (b) a person who exercises control over a proprietor mentioned in paragraph (a); or
 * (c) an associate of—
 * (i) a proprietor mentioned in paragraph (a); or
 * (ii) a person mentioned in paragraph (b).

8. Restriction on disqualified persons acting in association with voting controllers

(1) Where a voting controller holds or acquires voting control of the voting shares of a licensee as an associate of a disqualified person and it appears to the Broadcasting Authority that a purpose of the holding or acquisition is to avoid a restriction imposed on a disqualified person under this Part, then the Broadcasting Authority may, by notice in writing served on any voting controller whom it believes to be a party to the holding or acquisition, give directions to the voting controller which appear to the Broadcasting Authority to be necessary to—
 * (a) effect a cesser of the holding or acquisition; and
 * (b) ensure compliance with the restriction.

(2) A notice under subsection (1) shall specify—
 * (a) where the directions are given for the purpose of subsection (1)(a), those directions;
 * (b) where the directions are given for the purpose of subsection (1)(b), those directions and the restriction required to be complied with; and
 * (c) the period within which the directions are required to be complied with.

(3) Nothing in this section shall be construed as restricting or otherwise affecting a person’s power to transfer a voting share.

(4) Where 2 or more persons act together to hold or acquire the voting control of the voting shares of a licensee, then, for the purposes of this Part, each of those persons shall be regarded in relation to the voting shares of the licensee as being an associate of the other and of any other person acting on the directions of any of them to hold or to acquire voting control over those voting shares.

9. Licensee’s power to investigate a disqualified person

(1) Where a licensee knows or has reasonable cause to believe a person—
 * (a) to be a voting controller of voting shares of the licensee;
 * (b) to have been such a controller at any time during the relevant period; or
 * (c) to have assisted in or been a party to any transaction involving, in respect of any such voting share, a change of voting controller,

then the licensee may, by notice in writing served on the person, require the person—
 * (i) to confirm or refute that fact; and
 * (ii) if he confirms it, to give such further particulars as may be required under subsection (2).

(2) A notice under subsection (1) may require the person on whom it is served—
 * (a) to give particulars as to his status as a disqualified person or otherwise at any time during the relevant period;