Page:Broadcasting Ordinance (Cap. 562).pdf/58

BROADCASTING ORDINANCE :(a) to give particulars as to his status as an unqualified voting controller or otherwise at any time during the relevant period;
 * (b) to give particulars which are within his knowledge or belief relating to the address and identity of any person who is a party to any holding or acquisition mentioned in section 21(1);
 * (c) where he has at any time during the relevant period been a voting controller, but at the time the notice is served has ceased to be so, to give particulars which are within his knowledge or belief relating to the address and identity of any person who became a voting controller immediately upon his ceasing to be a voting controller; and
 * (d) where he has at any time during the relevant period assisted in or been a party to any transaction involving, in respect of any voting share, a change of voting controller, to give particulars which are within his knowledge or belief relating to the address and identity of any person who became a voting controller upon the change.

(3) A notice under subsection (1) shall specify a period within which the requirements of the notice are to be complied with.

(4) Where any particulars are given to a licensee under this section, it shall, not later than 15 days beginning on the date it receives the particulars, give the Broadcasting Authority notice in writing of the particulars.

(5) In this section, “relevant period” (有關期間), in relation to a particular notice, means the period of 3 years immediately preceding the date on which the licensee serves the notice.

24. Broadcasting Authority’s power to obtain information as to voting controllers

(1) If it appears to the Broadcasting Authority that there is reason to investigate the voting controllers of any voting shares of a licensee, it may require any person whom it has reasonable cause to believe to have, or to be able to provide or obtain, any information as to any present or past voting controllers and their names and addresses and of those persons who act or have acted on their behalf, to give that information to the Broadcasting Authority.

(2) Without prejudice to the generality of subsection (1), where the Broadcasting Authority 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 shares, a change of voting controller,

then it 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 (3).

(3) A notice under subsection (2) may require the person on whom it is served—
 * (a) to give particulars as to his status as an unqualified voting controller or otherwise at any time during the relevant period;
 * (b) to give particulars which are within his knowledge or belief relating to the address and identity of any person who is a party to any holding or acquisition mentioned in section 21(1);
 * (c) where he has at any time during the relevant period been a voting controller, but at the time the notice is served has ceased to be so, to give particulars which are within his knowledge or belief relating to the address and identity of any person who became a voting controller immediately upon his ceasing to be a voting controller; and
 * (d) where he has at any time during the relevant period assisted in or been a party to any transaction involving, in respect of any voting share, a change of voting controller, to give particulars which are within his knowledge or belief relating to the address and identity of any person who became a voting controller upon the change.

(4) A notice under subsection (2) shall specify a period within which the requirements of the notice are to be complied with.