### Broadcasting Ordinance 《廣播條例》

3. Approval of codes of practice by Authority
(Amended 17 of 2011 s. 28)(1) Subject to subsection (8), for the purpose of providing practical guidance for licensees in respect of any requirements under this Ordinance imposed on licensees or in respect of licence conditions, the Authority may— (Amended 17 of 2011 s. 28)
(a) approve and issue such codes of practice (whether prepared by it or not) as in its opinion are suitable for that purpose; and
(b) approve such codes of practice issued or proposed to be issued otherwise than by it as in its opinion are suitable for that purpose.
(2) Where a code of practice is approved under subsection (1), the Authority shall, by notice in the Gazette— (Amended 17 of 2011 s. 28)
(a) identify the code concerned and specify the date on which its approval is to take effect; and
(b) specify for which of the requirements under this Ordinance or licence conditions the code is so approved.
(3) The Authority may— (Amended 17 of 2011 s. 28)
(a) from time to time revise the whole or any part of any code of practice prepared by it under this section; and
(b) approve any revision or proposed revision of the whole or any part of any code of practice for the time being approved under this section,

and the provisions of subsection (2) shall, with the necessary modifications, apply in relation to the approval of any revision under this subsection as they apply in relation to the approval of a code of practice under subsection (1).
(4) The Authority may at any time withdraw its approval from any code of practice approved under this section. (Amended 17 of 2011 s. 28)
(5) Where under subsection (4) the Authority withdraws its approval from a code of practice approved under this section, it shall, by notice in the Gazette, identify the code concerned and specify the date on which its approval of it is to cease to have effect. (Amended 17 of 2011 s. 28)
(6) References in this Ordinance to a Code of Practice

### Broadcasting Ordinance 《廣播條例》

4. Guidelines
(1) The Authority may from time to time cause to be prepared and published by notice in the Gazette, for the guidance of licensees or companies seeking to be licensees, guidelines not inconsistent with this Ordinance— (Amended 17 of 2011 s. 28)
(a) indicating the manner in which the Authority proposes to perform functions conferred by this Ordinance upon the Authority;
(b) on such other matters relevant to this Ordinance as the Authority thinks fit.
(2) Without prejudice to the generality of subsection (1), the Authority shall, as soon as is practicable, issue guidelines indicating the manner in which it proposes to— (Amended 17 of 2011 s. 28)
(a) perform its function under section 9(2), including the licensing criteria and other relevant matters it proposes to consider;
(b) perform its function under section 10(2), including the licensing criteria and other relevant matters it proposes to consider;
(c) (Repealed 14 of 2012 s. 176)(d) perform its function under section 18(2), including the criteria it proposes to consider.
(3) (Repealed 14 of 2012 s. 176)(Amended 17 of 2011 s. 28)

5. Offence of providing broadcasting service without licence
(1) A person shall not provide a broadcasting service except under and in accordance with a licence.
(2) A person who contravenes subsection (1) commits an offence and is liable—
(a) on summary conviction, to a fine at level 6 and to imprisonment for 2 years;
(b) on conviction on indictment, to a fine of $1,000,000 and to imprisonment for 5 years.

### Broadcasting Ordinance 《廣播條例》

8. To whom licence may be granted
(1) The Chief Executive in Council may in accordance with this Ordinance grant a licence to provide a domestic free television programme service or domestic pay television programme service on application made to him in the specified form by a company.
(2) The Authority may in accordance with this Ordinance grant a licence to provide a non-domestic television programme service or an other licensable television programme service on application made to it in the specified form by a company. (Amended 17 of 2011 s. 28)
(3) (Repealed 23 of 2020 s. 3)(4) Without prejudice to the operation of Schedules 1, 4, 5, 6 and 7, unless otherwise provided in this Ordinance, a licence shall not be granted to and held by a company unless—
(a) in the case of a domestic free television programme service licence or domestic pay television programme service licence—
(i) the company complies with paragraph (b) of the definition of ordinarily resident in Hong Kong

### Broadcasting Ordinance 《廣播條例》

9. Recommendations by the Authority on applications for licences
(Amended 17 of 2011 s. 28)(1) An application for the purposes of section 8(1) or (2) shall be submitted to the Authority in the specified form.
(2) The Authority shall consider applications for a domestic free television programme service licence or a domestic pay television programme service licence and make recommendations thereon to the Chief Executive in Council.
(3) Where an application is submitted to the Authority, it shall— (Amended 17 of 2011 s. 28)
(a) cause a notice to be published in the Gazette as soon as is practicable—
(i) stating the name of the applicant and the type of licence sought by the applicant together with such other particulars as the Authority thinks fit; and
(ii) stating that members of the public who are interested may make representations on the application to the Authority by a date specified in the notice, being a date not less than 21 days after the notice is published; and
(b) consider the representations, if any, received by the date.
(Amended 17 of 2011 s. 28)

10. Grant of licence
(1) The Chief Executive in Council may, after considering recommendations made pursuant to section 9(2), grant a licence under section 8(1) subject to such conditions as he thinks fit specified in the licence.
(2) Subject to subsection (3), the Authority may grant a licence under section 8(2) subject to such conditions as it thinks fit specified in the licence.
(3) The Chief Executive in Council, in the case of licences, or a class of licences, that may be granted under section 8(1) and the Authority, in the case of licences, or a class of licences, that may be granted under section 8(2), may by notice in writing specify conditions to which the licences shall be subject.
(4) The Chief Executive in Council or the Authority, as the case may require, may, where he or it considers it is in the public interest to do so, vary a licence at any time during its period of validity after the licensee has been given a reasonable opportunity to make representations under subsection (5).
(5) A licensee may make representations to the Authority in relation to any proposed variation under subsection (4) and, in the case of a licence granted by the Chief Executive in Council, the Authority shall fairly reflect the representations to the Chief Executive in Council.
(6) The Chief Executive in Council or the Authority, as the case may require, shall consider the representations, if any, made under subsection (5) before implementing any proposed variation under subsection (4).
(7) A licence or an interest in a licence shall not be transferred in whole or in part.
(Amended 17 of 2011 s. 28)