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Broadcasting Authority Ordinance

14. Interpretation

Section 2 of the Broadcasting Authority Ordinance (Cap. 391) is amended—

(a) in the definition of “broadcasting”, by repealing paragraphs (b) and (c) and substituting—

“(b) in relation to television broadcasting services, the provision of a television programme service within the meaning of section 2(1) of the Broadcasting Ordinance (48 of 2000);”;

(b) in the definition of “Code of Practice”, by repealing paragraphs (b) and (c) and substituting—

“(b) in relation to television broadcasting, a Code of Practice approved and issued under section 3 of the Broadcasting Ordinance (48 of 2000);”;

(c) in the definition of “licence”, by repealing paragraphs (b) and (c) and substituting—

“(b) in relation to television broadcasting services, a licence granted (or deemed to be granted) under section 8 of the Broadcasting Ordinance (48 of 2000);”.

15. Section substituted

Sections 9 to 9D inclusive are repealed and the following substituted—

“9. Functions and powers of the Authority

(1) The Authority shall have the following functions—

(a) the functions imposed on it under the Broadcasting Ordinance (48 of 2000);

(b) the functions imposed on it under Part IIIA of the Telecommunication Ordinance (Cap. 106);

(c) to administer the provisions of licences and any other provisions of such licences that confer a function on the Authority;

(d) to secure proper standards of television and sound broadcasting with regard to both programme content (including advertisements) and technical performance of broadcasts including, without limitation, restrictions on the time of day when programmes and advertisements may be provided, whether for the same or different licensees or broadcasts;

(e) to submit proposals and recommendations to the Chief Executive in Council with respect to technical, programme and advertising standards of television and sound broadcasting in order to assist the Chief Executive in Council in the making and amendment of regulations under the Broadcasting Ordinance (48 of 2000) or under Part IIIA of the Telecommunications Ordinance (Cap. 106) governing such standards;

(f) to conduct inquiries into such matters as may be referred to it by the Chief Executive in Council and to report the conclusions of such inquiries to the Chief Executive in Council;

(g) such other functions as are assigned to it under this or any other Ordinance.

(2) The Authority shall have, in addition to the powers expressly or impliedly conferred on it by or pursuant to this Ordinance, the Broadcasting Ordinance (48 of 2000) or Part IIIA of the Telecommunication Ordinance (Cap. 106) or any other Ordinance, such incidental powers as are reasonably necessary for the performance of its functions.”.