- 1 -
Telecommunications Ordinance
(Cap. 106)
Form for Submission of Return on Change of Directors
by a Sound Broadcasting Licensee
Notes:
A.This form (including Appendices I, II and III) is issued by the Broadcasting Authority under Condition 36.2 of sound broadcasting licences, granted pursuant to Part IIIA of the Telecommunications Ordinance (Cap. 106), for the purposes of submission of return by a sound broadcasting licensee on change of or addition to its directors.
B.Where there is any change of or addition to the directors of a licensee, the licensee shall submit a return to the Broadcasting Authority in the form specified herein not later than 14 days after the change or addition.
C.Unless otherwise expressly provided for herein or the context otherwise requires, words and expressions used in this form shall bear the same meaning as in the Telecommunications Ordinance.
D.Please include Chinese names where appropriate.
E.Please attach additional sheets if required.
Return oN change of Directors
BY A SOUND BROADCASTING LICENSEE
(To be submitted within 14 days beginning on the date the change takes place)
To Broadcasting Authority
Name of Licensee
hereby notifies you in accordance with Condition 36.2 of itssound broadcasting licence the following change of directors with effective date
Particulars of each of the new director(s) are attached hereto in the form specified in Appendix I to this form[1].
A duly executed statutory declaration, in the form specified in Appendix II to this form, given by the Licensee’s company secretary or one of its directors or principal officers[2], is attached hereto1.
A duly executed statutory declaration, in the form specified in Appendix III to this form, given by each of the newly appointed directors, is attached hereto1.
Signature:
Full Name:
Position in
Licensee Company:
Date:
Appendix I
PARTICULARS OF DIRECTORS
Full Name / In English / ( )In Chinese
Any Alias(es) / In English / ( )
( )
In Chinese
Sex
Nationality
HKID Card/Passport No.
Residential Address
Contact Telephone Number
Fax Number
E-mail address
Occupation
Position held in
Licensee Company
Name of Principal Employer and Position
held in Employer Company
IN THE MATTER of Condition 36.2 of the Sound Broadcasting Licence of [name of the licensee]
and
IN THE MATTER of the Oaths and Declarations Ordinance (Cap. 11)
STATUTORY DECLARATION
I, [Name] (HKID No.: [XXXXXX]) of [Address] , being [Company Secretary/Director/Principal Officer] of [Name of Licensee] (Company No.: [XXXX]) (“the Licensee”), do solemnly and sincerely declare that to the best of my knowledge and belief having made all reasonable enquiries–
1.the particulars of the [ new director(s)] of the Licensee set out in the Schedule (the “Schedule”) to this Statutory Declaration are true and correct;
2.the Licensee is in compliance with the residency requirements stipulated in Condition 19.1 of its sound broadcasting licence; and
3.*all the person(s) whose name(s)is/are listed in the Schedule is/are not disqualified person(s) in relation to the Licensee. /
* approval has been granted under Part IIIA of the Telecommunications Ordinance (Cap. 106) for the following person(s) whose name(s) is/are listed in the Schedule to exercise control of the Licensee as a disqualified person.
Name(s) / Date of ApprovalAND I make this solemn declaration conscientiously believing the same to be true and by virtue of the Oaths and Declarations Ordinance (Cap. 11).
* Delete as appropriate
(Signed)
DECLARED at / [please insert address] / in Hong Kong this ______day of ______.Before me,
[Signature and designation, i.e. Justice of the Peace/Notary Public/Commissioner for Oaths]
- 1 -
Schedule
Particulars of Directors
Name / Ordinarily resident in Hong Kong and has been so ordinarily resident for one continuous period of at leastseven years?(Yes / No) / Director who takes an active part in the control of the Licensee?
(Yes / No)
and
IN THE MATTER of the Oaths and Declarations Ordinance (Cap. 11)
STATUTORY DECLARATION
I, [Name] (HKID No.: [XXXXXX]) of [Address] , do solemnly and sincerely declare that –
1.I *am / am not ordinarily resident in Hong Kong and *have / have not been so ordinarily resident for one continuous period of at least seven years; and
2.*I am not a disqualified person in relation to [name of the Licensee]. /
approval was granted on [date] under Part IIIA of the Telecommunications Ordinance (Cap. 106) for me to exercise control of [name of the Licensee] as a disqualified person.
AND I make this solemn declaration conscientiously believing the same to be true and by virtue of the Oaths and Declarations Ordinance (Cap. 11).
* Delete as appropriate
(Signed)
DECLARED at / [please insert address] / in Hong Kong this ______day of ______.Before me,
[Signature and designation, i.e. Justice of the Peace/Notary Public/Commissioner for Oaths]
[1]A licensee is required to provide information in the forms specified in Appendices I, II and III if the change submitted in this return involves appointment of new director(s).
[2] “Principal officer”, in relation to a corporation, means–
(a)a person employed or engaged by the corporation who, by himself or with 1 or more other persons, is responsible under the immediate authority of the directors of the corporation for the conduct of the business of the corporation; or
(b)a person so employed or engaged who, under the immediate authority of a director of the corporation or a person to whom paragraph (a) applies, performs managerial functions in respect of the corporation.