- (d) this subsection shall, with all necessary modifications, apply to the new determination as it applies to the old determination should the Broadcasting Authority subsequently cease to be of the opinion that gave rise to the new determination.
(5) The Broadcasting Authority shall, before making a determination under subsection (4)—
- (a) give the licensee concerned a reasonable opportunity to make representations to the Broadcasting Authority in relation to whether or not the television programme service concerned—
- (i) primarily targets Hong Kong; or
- (ii) does not primarily target Hong Kong; and
- (b) consider the representations, if any, made.
(6) In determining whether or not a television programme service primarily targets Hong Kong, account shall be taken of, but not limited to, the following matters—
- (a) whether the service covers Hong Kong;
- (b) whether the sources of advertising and subscription revenues, where applicable, of the service are derived principally from Hong Kong;
- (c) the language of the service and the nature and size of the audiences targeted by the service; and
- (d) whether the service is actively marketed in Hong Kong by the licensee or by a third party on its behalf.
(7) In this section, “television programme service” (電視節目服務) includes any part of a television programme service.
PART V
Requirements Relating to Licensed Services
13. Prohibition on anti-competitive conduct
(1) Subject to subsections (4) and (5), a licensee shall not engage in conduct which, in the opinion of the Broadcasting Authority, has the purpose or effect of preventing, distorting or substantially restricting competition in a television programme service market.
(2) The Broadcasting Authority may consider conduct to fall within subsection (1) as including, but not limited to—
- (a) direct or indirect agreements to fix the price in a television programme service market;
