Page:Broadcasting Ordinance (Cap. 562).pdf/57

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BROADCASTING ORDINANCE
Ord. No. 48 of 2000
A1897

(4) Where 2 or more persons act together to hold or acquire the voting control of the voting shares of a licensee, then, for the purposes of this Part, each of those persons shall be regarded in relation to the voting shares of the licensee as being an associate of the other and of any other person acting on the directions of any of them to hold or to acquire voting control over those voting shares.

22. Duty of licensee to notify Broadcasting Authority in relation to general meetings, etc.

(1) For the purposes of this Part, a licensee shall, in relation to any general meeting and in accordance with any relevant directions given by the Broadcasting Authority under section 30—

(a) give the Broadcasting Authority notice in writing of any general meeting and a copy of all the documents relevant to the general meeting sent by it to its registered shareholders;
(b) distribute to each person whose name appeared in the licensee’s register immediately before the distribution, a document relating to the voting control attaching to the voting shares registered in that person’s name, to be completed and returned to the licensee;
(c) on receiving a request in writing from a registered shareholder, in that behalf, by reference to the document mentioned in paragraph (b), notify in writing the registered shareholder of the number and identity of the voting shares of the licensee in respect of which that registered shareholder is a person described in section 19(1)(a);
(d) by reference to the document mentioned in paragraph (b), notify in writing the Broadcasting Authority of the total number of voting shares held by any person mentioned in section 19(1)(a) and controlled by unqualified voting controllers and by qualified voting controllers and the proportion, expressed as a percentage, that the former bears to the whole;
(e) notify in writing the Broadcasting Authority of the name, address, and such further particulars as the Broadcasting Authority may require of all unqualified voting controllers who, by reference to the document mentioned in paragraph (b), hold 2% or more of the total voting control of the licensee; and
(f) notify in writing the Broadcasting Authority as to the details of the conduct of any poll held at the general meeting, including particulars of any calculation of voting control under section 19(1)(b), and such further particulars as the Broadcasting Authority may require.

(2) Where a person to whom a document is distributed under subsection (1)(b) is unable, from his own knowledge or belief, to complete the document or has no authority to do so, he shall, where he knows the name and address of any other person whom he has reason to believe may be able to complete or to assist in the completion of the document or who has authority to do so, send the document to that person.

23. Licensee’s power to investigate voting controllers

(1) Where a licensee knows or has reasonable cause to believe a person—

(a) to be a voting controller of voting shares of the licensee;
(b) to have been such a controller at any time during the relevant period; or
(c) to have assisted in or been a party to any transaction involving, in respect of any such voting shares, a change of voting controller,

then the licensee may, by notice in writing served on the person, require the person—

(i) to confirm or refute that fact; and
(ii) if he confirms it, to give such further particulars as may be required under subsection (2).

(2) A notice under subsection (1) may require the person on whom it is served—