Page:Broadcasting Ordinance (Cap. 562).pdf/72

BROADCASTING ORDINANCE ::(i) which are not owned (including beneficially owned) by that person; and
 * (ii) to uplink the service to a satellite.

(2) Section 13 of this Ordinance shall not apply to an agreement lawfully entered into before the specified day if, and only if, the agreement—
 * (a) continues to be lawful apart from that section; and
 * (b) is not amended in any way whatsoever apart from any amendment made to mitigate the conduct in contravention of section 13(1) of this Ordinance provided or permitted, whether directly or indirectly, under the agreement.

(3) Subsections (1) and (2) shall expire on the 2nd anniversary of the specified day.

(4) Section 21 of this Ordinance shall not apply to a person—
 * (a) who was, on the specified day, lawfully exercising control of a corporation holding a licence falling within section 2(1), (2) or (3); and
 * (b) for so long as the person does not, on or after the specified day, increase the interest the person has in that corporation in the person’s capacity as a person who exercises control over the corporation.

(5) Where—
 * (a) immediately before the commencement of this subsection, a person was not a disqualified person—
 * (i) in relation to a licensee; and
 * (ii) by virtue of falling within paragraph (ii) of the proviso to the definition of “disqualified person” in section 2(1) of the repealed Ordinance (“the proviso”); and
 * (b) the licence, within the meaning of section 2(1) of the repealed Ordinance, of which the licensee referred to in paragraph (a)(i) was the holder immediately before the commencement of this subsection is a deemed licence,

then the person is not a disqualified person for the purposes of sections 3 and 7 of Schedule 1—
 * (i) in relation to the deemed licence and the licensee;
 * (ii) to the extent only that the person was not a disqualified person by virtue of falling within paragraph (ii) of the proviso; and
 * (iii) until such time, if any, as the person ceases to fall within paragraph (ii) of the proviso.

(6) For the purposes of subsection (5)(iii), the proviso referred to in that subsection shall be deemed never to have been repealed.

(7) In this section, “specified day” (指明日期) means 28 January 2000.

5. Payment of annual fees

(1) In the case of a deemed licence falling within section 2(1), (2) or (3)—
 * (a) the Financial Secretary may, by notice in writing served on the licensee, specify the fee to be paid to the Government by the licensee—
 * (i) for the year commencing on the relevant day; and
 * (ii) not later than 30 days after the relevant day; and
 * (b) section 13 of Schedule 4 to this Ordinance shall not apply to the licensee until the expiration of that year.

(2) In the case of a deemed licence falling within section 2(4)—
 * (a) the licensee shall continue to comply with the provisions of the licence relating to a licence fee until—
 * (i) the expiration of the licence; or
 * (ii) the surrender of the licence for another licence,
 * whichever is the earlier; and
 * (b) section 13 of Schedule 4 to this Ordinance shall not apply to the licensee until the occurrence of the event mentioned in paragraph (a)(i) or (ii).

(3) In the case of a deemed licence falling within section 2(5)—
 * (a) the licensee shall continue to comply with the provisions of the licence relating to a licence fee until—
 * (i) the expiration of the licence; or
 * (ii) the surrender of the licence for another licence,
 * whichever is the earlier; and