10. Certain Codes of Practice applicable for interim period for licensees that are holders of deemed licence
Where—
- (a) a Code of Practice (“old Code”) within the meaning of section 2 of the repealed Ordinance was in force immediately before the relevant day; and
- (b) a licensee who is the holder of a deemed licence was required to comply with the old Code immediately before the relevant day,
then—
- (i) the old Code shall, in relation to the licensee, be deemed to be a Code of Practice within the meaning of section 2 of this Ordinance until the date on which a Code of Practice approved under section 3 of this Ordinance, and expressed to be in substitution for the old Code, comes into effect; and
- (ii) subject to paragraph (iii), the licensee shall comply with the old Code until that date; and
- (iii) the old Code shall be read and have effect with such modifications as are necessary to take into account the provisions of this Ordinance,
and the provisions of this Ordinance (including sections 23(2)(d), 24, 28(2)(d), 30(2)(d), 31(2)(b)(i)(D) and 32(4)(c)(i)(D) of this Ordinance) shall be construed accordingly.
Consequential Amendments
Telecommunications Ordinance
1. Interpretation
Section 2 of the Telecommunications Ordinance (Cap. 106) is amended, in the definition of “licensee”, by repealing paragraph (b) and substituting—
- “(b) includes the holder of a licence (other than a programme service licence)—
- (i) granted under the Ordinance repealed by section 44(1) of the Broadcasting Ordinance (48 of 2000);
- (ii) in force immediately before that repeal; and
- (iii) deemed to be a licence granted under this Ordinance by virtue of Schedule 8 to the Broadcasting Ordinance (48 of 2000);”.
2. Prohibition of establishment and maintenance of means of telecommunications, etc., except under licence
Section 8(4)(e) is amended by repealing “broadcast by any company licensed under the Television Ordinance (Cap. 52)” and substituting “provided by any company licensed under the Broadcasting Ordinance (48 of 2000)”.
