### Broadcasting Ordinance 《廣播條例》

39. Licensee to submit returns
(1) A licensee shall submit to the Authority on or before 1 April of each year a return in the specified form showing the names and places of residence of the directors and principal officers of the licensee and indicating whether or not those directors and principal officers are for the time being ordinarily resident in Hong Kong and have been so resident for at least one continuous period of not less than 7 years. (Amended E.R. 1 of 2019)
(2) A domestic free television programme service licensee or domestic pay television programme service licensee shall submit, at the same time as the return submitted under subsection (1), a statutory declaration made by the company secretary of, or a director of, the licensee showing whether or not any disqualified person has exercised any control in the licensee during the year immediately preceding the year to which the return relates.
(3) Without prejudice to the operation of subsection (1), where there is any change of directors or principal officers in a licensee, the licensee shall submit to the Authority a return in the specified form showing particulars of the change, within 7 days beginning on the date the change takes place.
(4) A licensee shall submit to the Authority, within a reasonable time after being required to do so, such other information as the Authority considers necessary for the purpose of performing its functions under this Ordinance.
(Amended 17 of 2011 s. 28)

40. Service of documents
(1) A document (howsoever described) required to be served under this Ordinance may be served by prepaying (where requisite), registering and posting an envelope addressed to the person on or to whom the document is to be served at his usual or last known place of abode or business and containing the document; and, unless there is evidence to the contrary, the document shall be deemed to have been served and received at the time at which such envelope would have been delivered in the ordinary course of post.
(2) For the purposes of this section, a company shall be deemed to have its usual place of business at its registered office, and any other body corporate shall be deemed to have a usual place of business at its principal office or any other place at which it carries on business.

### Broadcasting Ordinance 《廣播條例》

41. Power of Authority to specify forms
(Amended 17 of 2011 s. 28)(1) Subject to subsection (2), the Authority may specify the form of any document (howsoever described) required under this Ordinance to be in the specified form and the form of such other documents (howsoever described) required for the purposes of this Ordinance as it thinks fit.
(2) The Authority’s power under subsection (1) shall be subject to any express requirement under this Ordinance for a form, whether specified or otherwise, to comply with that requirement, but that requirement shall not restrict the exercise of that power in respect of that form to the extent that, in the opinion of the Authority, its exercise of that power in respect of that form does not contravene that requirement.
(3) The Authority’s power under subsection (1) may be exercised in such a way as to— (Amended 17 of 2011 s. 28)
(a) include in the specified form of any document referred to in that subsection a statutory declaration—
(i) to be made by the person completing the form; and
(ii) as to whether the particulars contained in the form are true and correct to the best of that person’s knowledge and belief;
(b) specify 2 or more forms of any document referred to in that subsection, whether as alternatives, or to provide for particular circumstances or particular cases, as the Authority thinks fit.
(4) A form specified under this section shall be—
(a) completed in accordance with such directions and instructions as are specified in the form;
(b) accompanied by such documents as are specified in the form; and
(c) if the completed form is required to be provided to—
(i) the Authority;
(ii) another person on behalf of the Authority; or
(iii) any other person,

so provided in the manner, if any, specified in the form.
(Amended 17 of 2011 s. 28)

### Broadcasting Ordinance 《廣播條例》

42. Regulations
(1) The Chief Executive in Council may by regulation—
(a) in relation to a licence, specify requirements, additional to those specified elsewhere in this Ordinance, with respect to the control, whether direct or indirect, to be exercised over the provision of television programme services, the board of directors, or property used or kept by the licensee in connection with its licensed service by any other person;
(b) empower the Authority to waive or dispense with the requirements mentioned in paragraph (a) generally or in a particular case on the grounds specified in the regulation; (Amended 17 of 2011 s. 28)
(c) in relation to a domestic free television programme service licence or domestic pay television programme service licence, specify requirements, additional to those specified elsewhere in this Ordinance, with respect to the beneficial ownership or control, whether direct or indirect, of any of the voting shares in the licensee;
(d) for the purposes of securing compliance with Parts 3 and 4 of Schedule 1 by a domestic free television programme service licensee, make provision for—
(i) matters relating to voting controllers under that Schedule; and
(ii) the holding, acquisition or disposal of rights, titles and interests to or in voting shares in a licensee;
(e) specify television programme and advertising standards, including, without limitation, restrictions on the time of day when television programme and advertisements may be provided, and may do so for different licensees and different broadcasting services;
(f) prescribe anything that may be prescribed under this Ordinance;
(g) provide for any matter incidental or ancillary to or necessary to give effect to any matter referred to in paragraph (a), (b), (c), (d), (e) or (f).
(2) Subject to subsection (3), regulations under subsection (1) shall be subject to the approval of the Legislative Council.
(3) Subject to subsection (4), subsection (2) shall not apply to regulations under subsection (1)(f) or regulations under subsection (1)(g) to the extent that they relate to subsection (1)(f).
(4) (Repealed 14 of 2012 s. 176)(5) Subject to subsection (6), any regulation under this section may provide that a contravention of a specified provision of any regulation under any provision of this section shall be an offence punishable—
(a) on summary conviction to a fine at level 5 and to imprisonment for 6 months; and
(b) on conviction on indictment to a fine at level 6 and to imprisonment for 12 months.
(6) Regulations under subsection (1)(d) may provide that a contravention of a specified provision made thereunder shall be an offence punishable with a fine not exceeding $1,000,000 and a term of imprisonment not exceeding 2 years.

### Broadcasting Ordinance 《廣播條例》

43. Amendment of Schedules 1 to 8, etc.
(1) The Chief Executive in Council may, by notice in the Gazette, amend any of Schedules 1 to 8 and amendments to Schedule 1 or 3 shall be subject to the approval of the Legislative Council.
(2) Any provision in Schedule 4, 5, 6 or 7 relating to any matter as regards an applicant for a licence, licensee or a licensed service shall be in addition to and not in substitution of any other provision in this Ordinance relating to that matter.

44. Repeal, transitional and savings provisions and consequential amendments
(1) The Television Ordinance (Cap. 52) is repealed.
(2) Schedule 8 sets out the transitional and savings provisions applicable upon subsection (1) coming into operation*.
(3) The enactments specified in Schedule 9 are amended as set out in that Schedule.