- (b) section 13 of Schedule 4 to this Ordinance shall not apply to the licensee until—
- (i) the occurrence of the event mentioned in paragraph (a)(i) or (ii); and
- (ii) the licence held by the licensee does not specify a licence fee to be paid by the licensee to the Government.
(4) A notice under subsection (1)(a) served on a licensee shall be deemed to be a condition specified in the deemed licence held by the licensee requiring the licensee to pay to the Government the fee specified in the notice.
(5) Where—
- (a) a licensee has before the relevant day paid an annual fee for a deemed licence falling within section 2(1), (2) or (3);
- (b) the period for which that fee has been paid would, but for the commencement of section 44(1) of this Ordinance, expire on or after the relevant day; and
- (c) the licensee has paid the fee required by subsection (1)(a),
then the Financial Secretary shall remit to the licensee so much of the annual fee referred to in paragraph (c) as is equivalent to so much of the fee referred to in paragraph (a) which, on a pro rata basis, relates to so much of the period referred to in paragraph (b) which would, but for the commencement of section 44(1) of this Ordinance, run on and after the relevant day.
6. Suspended licences
Where any licence falling within section 2(1), (2) or (3) was, immediately before the relevant day, suspended under the repealed Ordinance, then that licence shall, in the like manner, be deemed to be suspended under this Ordinance for the unexpired portion of the period of suspension left to run on that day, and the provisions of this Ordinance shall apply accordingly.
7. Actions, etc. under repealed Ordinance deemed to be done under Ordinance
Where an act, matter or thing has been done under the repealed Ordinance to or in relation to a licensee within the meaning of section 2(1) of that Ordinance, then to the extent that but for the enactment of this Ordinance that act, matter or thing would on or after the relevant day have had any force or effect or been in operation, that act, matter or thing shall, in the like manner, be deemed to have been done under this Ordinance to or in relation to the licensee as if, on the relevant day, that act, matter or thing were, to that extent, done under this Ordinance to or in relation to the licensee, and the provisions of this Ordinance shall apply accordingly.
8. Section 23 of Interpretation and General Clauses Ordinance
(1) Subject to sections 2 to 7 inclusive, section 23 of the Interpretation and General Clauses Ordinance (Cap. 1) shall apply to the repeal effected by section 44(1) of this Ordinance.
(2) It is hereby declared that a royalty within the meaning of the repealed Ordinance payable by a licensee (or former licensee) within the meaning of that Ordinance is payable on a pro rata basis in respect of that portion of the licensee’s (or former licensee’s) accounting year which has effluxed before the relevant day, and subsection (1) shall apply accordingly.
9. Deemed licence may be surrendered
Nothing in this Schedule shall operate to prevent a licensee which is the holder of a deemed licence from surrendering the deemed licence to the Chief Executive in Council or the Broadcasting Authority, as the case may require, in return for a licence granted under this Ordinance which, in the opinion of the Chief Executive in Council or the Broadcasting Authority, as the case may require, is equivalent to the deemed licence.
