Page:Broadcasting Ordinance (Cap. 562).pdf/71

BROADCASTING ORDINANCE for—
 * (i) if the licence was in force immediately before the relevant day, the unexpired portion of the period of validity the licence had left to run immediately before the relevant day;
 * (ii) if the licence was to come into force on or after the relevant day, the period of validity of the licence commencing on the day the licence was to come into force,

and the provisions of this Ordinance and the Telecommunications Ordinance (Cap. 106), as the case may require, shall apply accordingly.

(3) A programme service licence shall be deemed to be a domestic pay television programme service licence granted under this Ordinance for—
 * (a) if the licence was in force immediately before the relevant day, the unexpired portion of the period of validity the licence had left to run immediately before the relevant day;
 * (b) if the licence was to come into force on or after the relevant day, the period of validity of the licence commencing on the day the licence was to come into force, and the provisions of this Ordinance shall apply accordingly.

(4) A telecommunications licence shall be deemed to be a non-domestic television programme service licence granted under this Ordinance for—
 * (a) if the licence was in force immediately before the relevant day, the unexpired portion of the period of validity the licence had left to run immediately before the relevant day;
 * (b) if the licence was to come into force on or after the relevant day, the period of validity of the licence commencing on the day the licence was to come into force, and the provisions of this Ordinance shall apply accordingly.

(5) A hotel television service licence—
 * (a) shall be deemed to be an other licensable television programme service licence granted under this Ordinance for—
 * (i) if the licence was in force immediately before the relevant day, the unexpired portion of the period of validity the licence had left to run immediately before the relevant day;
 * (ii) if the licence was to come into force on or after the relevant day, the period of validity of the licence commencing on the day the licence was to come into force,
 * and the provisions of this Ordinance shall apply accordingly;
 * (b) which is renewed under the Telecommunications Ordinance (Cap. 106) before the expiration of 12 months immediately following the relevant day shall continue to be deemed to be an other licensable television programme service licence granted under this Ordinance for the period of validity of the licence as so renewed, and the provision of this Ordinance shall apply accordingly.

3. Provisions of deemed licences deemed to be conditions specified in licences

The provisions of a deemed licence shall be deemed to be conditions specified in the licence, and, accordingly, the licensee shall comply with the deemed conditions except that, where there is any conflict between the deemed conditions and the provisions of this Ordinance or the Telecommunications Ordinance (Cap. 106), then the provisions of this Ordinance or the Telecommunications Ordinance (Cap. 106), as the case may require, shall prevail over the deemed conditions.

4. Disapplication of certain provisions of Ordinance

(1) Section 5 of this Ordinance shall not apply to a broadcasting service consisting of a television programme service lawfully provided by a person pursuant to an agreement—
 * (a) lawfully entered into before the specified day; and
 * (b) to lawfully use facilities in Hong Kong—