Page:Broadcasting Ordinance (Cap. 562).pdf/46

Disqualification for Holding Domestic Free or Pay Television Programme Service Licences and Restriction on Voting Control of Voting Controllers

PART 1
Interpretation and Application

1. Interpretation

(1) In this Schedule, unless the context otherwise requires—

“advertising agency” (廣告宣傳代理商) means a person who—

(a) carries on business as an advertising agent; or

(b) exercises control of a person who carries on business as an advertising agent;

“associate” (相聯者), in relation to a voting controller holding voting control (whether the controller is qualified or unqualified), means—

(a) where the voting controller holding the voting control is an individual—

(i) a relative of the voting controller;

(ii) a partner of the voting controller or a relative of the partner;

(iii) a partnership in which the voting controller is a partner;

(iv) a corporation influenced by—

(A) the voting controller;

(B) a partner of the voting controller; or

(C) a partnership in which the voting controller is a partner; or

(v) a director or principal officer of a corporation mentioned in paragraph (iv);

(b) where the voting controller holding the voting control is a corporation—

(i) an associated corporation;

(ii) a voting controller who—

(A) influences the corporation and, if the voting controller is an individual, a relative of the voting controller; or

(B) is a partner of the voting controller to whom or which sub-subparagraph (A) applies, and if the partner is an individual, a relative of the partner;

(iii) a director or principal officer of the corporation or of an associated corporation and a relative of the director or officer;

(iv) a partner of the corporation and, if the partner is an individual, a relative of the partner; or

(c) where the voting controller holding the voting control is a partnership—

(i) a member of the partnership and, if the partner is an individual, a relative of the member;

(ii) a partner of the partnership and, where the partner—

(A) is an individual, a relative of the partner; or

(B) is itself a partnership, a relative of a member of the partnership who is an individual;

(iii) a corporation influenced by—

(A) the partnership;

(B) a partner of it; or

(C) where the partner is an individual, a relative of the partner;

(iv) a corporation of which a partner of the partnership is a director or principal officer;

(v) a director or principal officer of a corporation mentioned in subparagraph (iii);