### Broadcasting Ordinance 《廣播條例》

11. Extension or renewal of licence
(1) The Chief Executive in Council or the Authority, as the case may require, may, during the period of validity of a licence, extend or renew the licence, in accordance with the provisions of this Ordinance, to take effect upon expiry of the validity of the licence.
(2) A licensee shall submit to the Authority an application in the specified form— (Amended 17 of 2011 s. 28)
(a) for the extension or renewal of its licence; and
(b) not less than 24 months, or such shorter period as the Authority may specify in a particular case, before the date on which the period of validity of the licence expires.
(3) The Authority shall, in respect of a domestic free television programme service licence or domestic pay television programme service licence, as soon as is practicable after the receipt of an application under subsection (2) and, in any case, not later than 12 months before the expiry of the period of validity of the licence, submit recommendations to the Chief Executive in Council in relation to the extension or non-extension or renewal or non-renewal of the licence, and where appropriate, the conditions subject to which the licence may be extended or renewed.
(4) Where subsection (3) applies to a domestic free television programme service licence, or a domestic pay television programme service licence, which may be extended or renewed for a period of 6 years or more, the Authority shall conduct a public hearing in accordance with procedures for the hearing determined by the Authority.
(5) Where recommendations are made under subsection (3), the Chief Executive in Council shall consider them and as soon as is practicable—
(a) extend or renew the licence to which they relate subject to such conditions as he thinks fit specified in the licence; or
(b) decide not to extend or renew the licence.
(6) In the case of a non-domestic television programme service licence or an other licensable television programme service licence, the Authority shall, at a time reasonable in all the circumstances of the case before the expiry of the licence— (Amended 17 of 2011 s. 28)
(a) extend or renew the licence subject to such conditions as it thinks fit specified in the licence; or
(b) decide not to extend or renew the licence.
(Amended 17 of 2011 s. 28)

### Broadcasting Ordinance 《廣播條例》

12. Determination of whether television programme service primarily targets Hong Kong
(1) A licensee (including a person seeking to be a licensee) shall, before providing a television programme service in or from Hong Kong, make an application in the specified form to the Authority for a determination on whether or not the service would, if provided, primarily target Hong Kong. (Amended 17 of 2011 s. 28)
(2) The Authority shall, as soon as is practicable after the receipt of an application under subsection (1), make a determination in writing that the Authority is of the opinion that the television programme service the subject of the application, if provided— (Amended 17 of 2011 s. 28)
(a) would primarily target Hong Kong; or
(b) would not primarily target Hong Kong.
(3) Where the Authority has made a determination under subsection (2), it shall as soon as is practicable after making the determination, serve a copy of the determination on the licensee (or person seeking to be a licensee) concerned together with a statement of its reasons in support of the determination. (Amended 17 of 2011 s. 28)
(4) Subject to subsection (5), where the Authority ceases to be of the opinion that gave rise to a determination under subsection (2) (old determination

17. Separate accounting
(1) Where a licensee holds a licence under the Telecommunications Ordinance (Cap. 106), it shall adopt accounting practices which ensure that—
(a) its activities in relation to its licence under this Ordinance can be readily understood without reference to its activities in relation to its licence under that Ordinance; and
(b) its activities in relation to its licence under the Telecommunications Ordinance (Cap. 106) can be readily understood without reference to its activities in relation to its licence under this Ordinance.
(2) The Authority may, by notice in writing served on a licensee to which subsection (1) applies, direct the licensee to adopt an accounting practice— (Amended 17 of 2011 s. 28)
(a) specified in the direction;
(b) for the purpose of securing, or assisting the securing of, compliance with that subsection; and
(c) which is consistent with generally accepted accounting principles in Hong Kong.

### Broadcasting Ordinance 《廣播條例》

18. Service provision requirements
(1) Subject to subsection (2), a licensee the licensed service of which is a domestic free television programme service or domestic pay television programme service shall, within such period as is specified in the licence or such other period as may be determined in writing by the Authority, provide the service in such manner as to enable the service to be received throughout Hong Kong to the satisfaction of the Authority or, in the case of a domestic pay television programme service, such parts of Hong Kong as are specified for the purposes in the licence.
(2) The Authority may, by notice in writing served on a licensee, exempt the licensee from complying with subsection (1) in relation to any parts of Hong Kong specified in the notice and during any period specified in the notice.
(Amended 17 of 2011 s. 28)

19. Television programmes for schools
The Authority may, by notice in writing served on a domestic free television programme service licensee, require the licensee to include in its licensed service, without charge, any educational television programme for schools supplied by the Government.
(Amended 17 of 2011 s. 28)

20. Television programme service locking device
A licensee (except a domestic free television programme service licensee) shall provide a television programme service locking device to the satisfaction of the Authority where its licensed service is— (Amended 17 of 2011 s. 28)
(a) a domestic pay television programme service;
(b) a non-domestic television programme service provided in Hong Kong where a subscription is required to be paid for the service provided in Hong Kong; or
(c) an other licensable television service,
but excluding such a service provided to hotel rooms.

### Broadcasting Ordinance 《廣播條例》

21. Restrictions on persons not regarded as fit and proper
(1) A licensee and any person exercising control of the licensee shall be and remain a fit and proper person.
(2) Subject to subsection (3), a licensee shall, on or before 1 April of each year, provide information in the specified form to the Authority to enable the Authority to establish and verify whether the licensee or a person exercising control of the licensee is a fit and proper person. (Amended 17 of 2011 s. 28; E.R. 1 of 2019)
(3) Subsection (2) shall not apply to a licensee which has been a licensee for less than 4 months.
(4) In determining whether a licensee or person exercising control over the licensee is a fit and proper person, account shall be taken of—
(a) the business record of the licensee or person;
(b) the record of the licensee or person in situations requiring trust and candour;
(c) the criminal record in Hong Kong of the licensee or person in respect of offences under the laws of Hong Kong involving bribery, false accounting, corruption or dishonesty; and
(d) the criminal record in places outside Hong Kong of the licensee or person in respect of conduct which, if done in Hong Kong, would constitute or form part of the criminal record in Hong Kong of the licensee or person as mentioned in paragraph (c).

22. Prevention of interference with programming independence of licensees
(1) A licensee shall not, except in respect of material the supply of which it is contracting for its licensed service, agree to include or to refrain from including in its licensed service any material.
(2) Any provision in an agreement which requires a licensee to include or to refrain from including in its licensed service any material, other than material to be supplied under the agreement, shall not be enforceable against the licensee.