### Telecommunications Ordinance 《電訊條例》

13B. Application for licence
(1) Any corporation complying with section 13F may apply to the Authority in such form as the Authority may determine, for a licence to establish and maintain a broadcasting service. (Amended 3 of 2010 s. 2)
(2) An application made under subsection (1) may be entertained only if the Authority is satisfied that— (Amended 17 of 2011 s. 28)
(a) the frequency in the radio spectrum that the applicant proposes to use is available as at the date of the application; and
(b) that frequency is suitable for use in providing the proposed broadcasting service. (Added 3 of 2010 s. 2)
(3) If the Authority is not satisfied as to any of the matters specified in subsection (2)(a) and (b), it must inform the applicant in writing of this fact. (Added 3 of 2010 s. 2)
(Amended 17 of 2011 s. 28)

### Telecommunications Ordinance 《電訊條例》

13CA. Authority may issue guidelines
(Amended 17 of 2011 s. 28)(1) The Authority may issue and publish by notice in the Gazette, for the guidance of corporations seeking to become licensees, guidelines not inconsistent with this Part, indicating the manner in which it proposes to perform its functions under sections 13B(2) and 13C(1), including the criteria for making recommendations and other relevant matters it proposes to consider. (Amended 17 of 2011 s. 28)
(2) (Repealed 17 of 2011 s. 28)(Added 3 of 2010 s. 4)

13D. Period of validity of licence
(1) A licence is to be— (Amended 4 of 2024 s. 9)
(a) valid for such period as may be specified in the licence or, where a period is not specified in the licence, such period as may be determined by the Chief Executive in Council by order; and
(b) subject to renewal within that period of validity on such dates as may be specified in the licence, or where such dates are not specified in the licence, on such dates as may be determined by the Chief Executive in Council by order.
(2) An order made by the Chief Executive in Council under subsection (1)(a) or (b) must be published in the Gazette.
(Amended 4 of 2024 ss. 5 & 9)

### Telecommunications Ordinance 《電訊條例》

13E. Renewal of licence
(1) Not less than 15 months before the date for any renewal of a licence under section 13D(1)(b) or such shorter period as the Chief Executive in Council may permit, the Authority must submit recommendations to the Chief Executive in Council concerning the renewal of the licence and the terms and conditions to be imposed. (Amended 17 of 2011 s. 28; 4 of 2024 ss. 5 & 9)
(2) Having considered the recommendations submitted under subsection (1), the Chief Executive in Council may— (Amended 4 of 2024 s. 5)
(a) renew the licence subject to such terms and conditions as he may specify; or
(b) renew the licence by granting a new licence in substitution therefor, and in doing so, may impose such terms and conditions as he may specify; or
(c) refuse to renew the licence.
(3) Notice of a decision to refuse to renew a licence must be given to the licensee concerned at least 12 months prior to the relevant date for renewal of the licence. (Amended 4 of 2024 s. 9)
(4) Where it is necessary for the due compliance with this section the Chief Executive in Council may extend the term of any licence. (Amended 4 of 2024 s. 5)

13F. Competence of licensees
A licence may be granted to or held only by a corporation that is—
(a) a company formed and registered in Hong Kong under the Companies Ordinance (Cap. 622) or under a former Companies Ordinance as defined by section 2(1) of the Companies Ordinance (Cap. 622); and (Amended 23 of 2020 s. 12)
(b) (Repealed 23 of 2020 s. 12)(c) empowered under its articles of association to comply fully with the provisions of this Ordinance and the terms and conditions of its licence. (Amended 28 of 2012 ss. 912 & 920)

### Telecommunications Ordinance 《電訊條例》

13G. Disqualified persons
(1) Subject to subsection (2) and section 13H(2)(b), a disqualified person, other than a person in respect of whom the reason for his being a disqualified person was disclosed in the application for a licence, must not exercise control of a corporation that is a licensee. (Amended 4 of 2024 s. 9)
(2) Notwithstanding subsection (1), the Chief Executive in Council may grant a licence to a corporation— (Amended 4 of 2024 s. 5)
(a) that is a disqualified person;
(b) in respect of which a disqualified person exercises control; or
(c) that is a disqualified person and in respect of which a disqualified person exercises control,

and the licence may contain such conditions relating to the disqualified person and to the control exercised by him as the Chief Executive in Council may impose under section 13C. (Amended 4 of 2024 s. 5)

13H. Increase of control by disqualified persons
(1) Subject to subsection (2), a disqualified person who exercises control of a corporation that is a licensee must not augment the basis of such control— (Amended 4 of 2024 s. 9)
(a) by augmenting the percentage of voting shares in the corporation which he holds as the beneficial owner thereof; or
(b) by a change of the office held by him in the corporation.
(2) On the application of a licensee that is a corporation the Chief Executive in Council may, if he is satisfied that the public interest so requires, permit— (Amended 4 of 2024 s. 5)
(a) the licensee to augment the basis of the control of the corporation exercised by a disqualified person; or
(b) the licensee to enable a disqualified person to exercise control of the corporation.

### Telecommunications Ordinance 《電訊條例》

13I. Unqualified persons
(1) The aggregate of the voting shares in a licensee to or in which unqualified persons have, directly or indirectly, any right, title or interest, shall not at any time exceed 49% of the total number of voting shares in the licensee.
(2) Subsection (1) applies to voting shares in a licensee where the voting rights carried by such shares are for the time being exercisable as regards any question or other matter whatsoever which may be determined by a poll at general meetings of the licensee.
(3)  For the purposes of this section a person shall be an unqualified person (不合資格的人) unless—
(a) he is a person who is for the time being ordinarily resident in Hong Kong and has at any time been resident for a continuous period of not less than 7 years; or
(b) that person is a company that is ordinarily resident in Hong Kong.

(4) For the purposes of this section, a corporation established or incorporated by Ordinance shall be regarded as being a company that is ordinarily resident in Hong Kong if (but only if) for the time being—
(a) every person who takes an active part in the management of the corporation, or if there are more than 2 such persons each of a majority of those persons, is for the time being ordinarily resident in Hong Kong and has at any time been resident for a continuous period of not less than 7 years; and
(b) the management of the corporation is bona fide exercised in Hong Kong.
(5) For the purposes of this section, where any one or more of 2 or more persons having a joint right, title or interest to or in voting shares is or are unqualified persons, then the unqualified person or persons shall be regarded as having the entire right, title or interest to the exclusion of any other person.