Operationguide1101021.Pdf

(Updated as of October 2010)

Content

Chapter 1 : Advisory Services and Standards & Practices for Advertising Materials

Chapter 2 : Guidelines on Booking Operations

Chapter 3 : Guidelines on On-air Operations

Chapter 4 : Presentation Guidelines for Advertising Material

Chapter 5 : Useful Guidelines on Medical Advertising

Chapter 6 : Useful Guidelines on the Advertising of Investment Products

Chapter 7 : Useful Guidelines on Advertising Mandatory Mutual Fund Business

Chapter 8 : Useful Guidelines on Unacceptable Products or Services

Chapter 9 : Useful Guidelines on Advertising Time Limits

Chapter 10 : Useful Guidelines on Programme Sponsorship

Chapter 11 : Useful Guidelines for Advertisements on Adult Channel

Chapter 12 : Useful Guidelines on the Advertising of Alcoholic Beverages

Chapter 13 : Useful Guidelines on the Advertising of Personal Products

Chapter 14 : Useful Guidelines for Specialised Religious Channels

Chapter 15 : Useful Guidelines on Materials Connected with Gambling

Chapter 16 : Useful Guidelines for All Dedicated Channels – Indirect Advertising

Chapter 17 : Useful Guidelines on the Advertising of Chinese Medicines

Chapter 18 : Generic Code of Practice on Television Advertising Standards

Chapter 19 : Generic Code of Practice on Television Programme Standards

1.1 Compliance

1.1.1 All Advertising Materials provided for telecast on the Station’s facilities must comply with:

1.1.1a the Generic Codes of Practice on: - Television Advertising Standards; - Television Programme Standards; and - Television Technical Standards.

1.1.1b any standards, directions and regulations issued and amended by the Broadcasting Authority (BA) from time to time; and

1.1.1c the laws of Hong Kong.

1.1.2 All Useful Guidelines and the Generic Codes contained herein shall serve as quick reference only. They are not meant as further rules about existing rules, and may not override the provisions of any prevailing Codes; directions; regulations and laws.

1.2 Advisory Services for Audio Script / Storyboard

1.2.1 Disclaimers

1.2.1a The Advertiser and the Advertising Agent shall acknowledge the General Terms and Conditions set forth in the Station's prevailing Rate Card governing Advertising Material;

1.2.1b Any advice, clearance or approval given by the Hong Kong Cable Television Limited (“the Station”) in relation to the Advertising Material submitted (audio/visual script, storyboard, videotape etc.) shall not be taken as final determination as to the suitability or acceptability of the Advertising Material, in respect of which the BA is the final authority;

1.2.1c The clearance or advice given to Unfinished Material, such as audio script/storyboard, is preliminary and is given on the express condition that it does not guarantee automatic approval of the Finished Material; and

1.2.1d In using this “Advisory Services”, the Advertiser and the Advertising Agent shall absolve the Station from any liability resulting from the Station’s rejection of the Advertising Material in its final form.

1.2.2 Submission Procedures

1.2.2a On submission of Material for clearance, the application form - Form for Audio Script/Storyboard Submission Followed by Finished Material shall be duly completed together with the following particulars: - full names of the Advertiser and the Advertising Agent; - brand/trade name of the product/service to be advertised in English and Chinese; - title, duration and language of the Material; - name, email address, telephone and fax numbers of the applicant/person to be contacted; - submission status, i.e. whether it is concerned with “first-time submission”, “re- submission of previously-rejected Material” or “renewal of previously-approved Material”. For renewed/revised Material, the previous Clearance Number and Status shall be specified in the submission.

1.2.2b The Material submitted for Preliminary Clearance shall encompass 1 (one) copy of Audio Script and a full set of Storyboard/Visual Descriptions.

1.2.2c Where Factual Claims or Superlative Adjectives are included in the Material, adequate substantiation/supporting information should be attached.

1.2.2e Quick Advisory Service may be obtained from: Ms Chloe Fong Standards & Practices Manager Tel : 2112 6841 Fax : 2112 7891 Email : [email protected]

1.2.3 Processing Time and Clearance Status

1.2.3a A minimum of 5 working days (excluding holidays and weekends) is required to complete the Preliminary Clearance Advice on Audio Script/Storyboard. The actual processing time may, depending on the complexity of the Material and the extent of the applicant’s response to the request for supporting evidence, depart from the timeline mentioned here. In many instances delays are unavoidable, such as when applicants are not exactly forthcoming in providing the substantiation as requested or when copy changes are frequently made.

1.2.3b Preliminary Clearance Advice on Audio Script/Storyboard will be returned via fax or email with positive clearance or with requests for further amendments/substantiation. Each rejected Audio Script/Storyboard will be returned with the reasons for rejection provided.

1.2.3c To facilitate assessment, applicants are advised to submit all other forms of Material available at pre-production or unfinished stage (such as visual script, rough-cut and unedited footage). Follow-ups will be pursued until Finished Material is made ready for telecast.

1.2.3d Except for Materials revised in accordance with the Station’s advice, any subsequent changes made to pre-cleared Audio Scripts/Storyboards may result in withdrawal of the Station’s prior Clearance. Separate submissions shall be made for such “Renewals of Previously- approved Audio Script/Storyboard” and another 5 clear working days (excluding holidays and weekends) will be required for processing.

1.2.3e Save that the Material in its final form is in tune with the approved Audio Script/Storyboard, the Station shall be afforded no less than 5 working days (excluding holidays and weekends) to process the Final Approval for Finished Material.

1.2.3f The Station reserves the right to charge a fee on the Advisory Services.

To : Standards and Practices Section 8/F, Cable TV Tower, 9 Hoi Shing Road, Operations Dept. - Airtime Sales Tsuen Wan, Hong Kong Hong Kong Cable Television Limited Tel: 2112 6841 Fax: 2112 7891

Name of Agency :

Name of Advertiser :

Contact Person : Email :

Telephone : Fax :

Product / Service (English) :

(Chinese) :

Material Title (English) :

(Chinese) :

Duration : Expected Date of First Transmission :

Selected Channel(s) :

Form of Material : Audio Script ( ) Storyboard ( )

Others ( ) Please Specify

Production House :

Submission Status : First Submission ( ) Revised Version ( ) Ref. #

User of this Form shall acknowledge: (1) the General Terms and Conditions set forth in the Station's prevailing Rate Card governing TV commercials; and (2) that any advice, clearance or approval given by the Station to the audio script / storyboard / Material submitted shall not be taken as final determination as to the suitability and acceptability of the Material in respect of which the Broadcasting Authority is the final authority; and (3) that the clearance and/or advice given to the audio script/storyboard is preliminary and is given on the express condition that it does not guarantee automatic approval of the finished material. In using our "Advisory/Vetting Service", the advertiser and/or his advertising agency hereby absolve(s) the Station of any liability should the Material in its finished form be rejected; and (4) that the Station reserves the right to charge an Advisory Fee which it deems appropriate.

Signed By : Title: Date:

********************************************************************************************************** SEND SCRIPT / STORYBOARD BY HAND, DO NOT FAX.

Agency / Client : Total No. of Pages :

Attention : Fax No. :

Product / Service :

Material Title : Duration :

Language : Ref. No.

Documents Received : Audio Script ( ) Storyboard ( ) Others

Our preliminary clearance advice concerning the above-stated material is given below:

( ) 1. No major problems with no additional / attached comments.

( ) 2. The following time and/or frequency restrictions may be imposed: (see attached comments)

( ) Outside children's channel.

( ) Outside 1600 - 2030 hrs.

( ) Other time restriction:

( ) No more than spot(s) per clock hour.

( ) No more than spot(s) of similar nature per clock hour.

( ) 3. The commercial is only suitable for telecast on the channel(s) listed below:

( ) 4. Note the attached points which may be problematic.

The Advertiser and the Advertising Agent hereby acknowledge: (1) the General Terms and Conditions set forth in the Station's prevailing Rate Card governing TV commercials; and (2) that any advice, clearance or approval given by the Station to the audio script / storyboard / Material submitted shall not be taken as final determination as to the suitability or acceptability of the Material in respect of which the Broadcasting Authority is the final authority; and (3) that the clearance and/or advice given to the audio script/storyboard is preliminary and is given on the express condition that it does not guarantee automatic approval of the finished material. In using our "Advisory/Vetting Service", the advertiser and/or his advertising agency hereby absolve(s) the Station of any liability should the Material in its final form be rejected; and (4) that the Station reserves the right to charge a vetting fee which it deems appropriate.

Prepared by : Date : Chloe Fong (Tel: 2112 6841 / Fax: 2112 7891)

1.3.1 Disclaimers

1.3.1a The Advertiser and the Advertising Agent shall acknowledge the General Terms and Conditions set forth in the Station's prevailing Rate Card governing Advertising Material;

1.3.1b The Broadcasting Authority is the only Government body vested with the responsibility to make a final determination of whether a Finished Material is suitable for telecast; and

1.3.1c The Station is not in a position to give any conclusive advice as to the suitability of a Finished Material for telecast.

1.3.2 Submission Procedures

1.3.2a On submission of Finished Material, the application form - Form for Finished Material Submission shall be duly completed together with the following particulars: - names, telephone and fax numbers of the Advertiser and the Advertising Agent; - brand/trade name of the product in English and Chinese (if any); - title, duration and language of the Material; - name of person to be contacted in case of queries; and - submission status, i.e. whether it concerns a “First-time Submission”, “Re-submission of Previously-Rejected Material” or “Renewal of Previously-Approved Material”. For revised/renewed Material, the previous Clearance Number shall be specified.

1.3.2b The Material submitted for Final Approval shall encompass 1 (one) copy of Audio Script plus (1) copy of VHS tape/VCD/DVD.

1.3.2c Where references to Factual Claims and/or Superlative Adjectives are included in the Finished Material, adequate substantiation should be submitted along the application.

1.3.2d The completed Application Form and all necessary documents (i.e. Audio Script, VHS tape/VCD/DVD and all necessary documents/substantiation) should be submitted by hand to: S & P Section Operations Dept. - Airtime Sales Hong Kong Cable Television Limited 8/F., Cable TV Tower, 9 Hoi Shing Road Tsuen Wan, Hong Kong.

1.3.2e Quick Advisory Services may also be obtained from: Miss Chloe Fong S & P Section Tel : 2112 6841 Fax : 2112 7891 Email : [email protected]

1.3.3 Submission Deadlines

1.3.3a Where no prior positive Clearance has been obtained, the Station may, at its complete discretion, accept the submission of any Finished Material which is provided no later than 10 working days (excluding holidays and weekends) prior to scheduled telecast.

1.3.3b Save that the Finished Material submitted is in tune with its pre-approved Audio Script/Storyboard, all submissions for Final Approval must reach the Station in excess of 5 working days (excluding holidays and weekends) prior to scheduled telecast.

1.3.3c Note that when pre-approved Finished Material is revised/renewed, the resulting Finished Material becomes new Material that must be separately submitted for Final Approval. Subject to the scope and nature of Material revisions, the turnaround time for such Renewed Materials may vary from case to case and a minimum of 10 working days (excluding holidays and weekends) prior to scheduled telecast should be expected.

1.3.3d Notwithstanding the above timeline, additional processing time may be required if a particular case so warrants. In no event shall the Station warrants that the results obtained from use of the Advisory Services will meet Advertisers’/Advertising Agents’ requirements, or that the “Final Approval for Finished Material” will be issued on time to meet the scheduled telecast or the Material Deadlines as prescribed in the Station's prevailing Rate Card.

1.3.3e The Station reserves the right to charge a fee on its vetting and advisory services.

To : Standards and Practices Section 8/F, Cable TV Tower, 9 Hoi Shing Road, Operations Dept. - Airtime Sales Tsuen Wan, Kowloon. Hong Kong Cable Television Limited Tel: 2112 6841 Fax: 2112 7891

Name of Agency :

Name of Advertiser :

Contact Person : Email Address:

Telephone Number : Fax :

Product / Service (English) :

(Chinese) :

Material Title (English) :

(Chinese) :

Duration : Expected Date of First Transmission :

Selected Channel(s) :

Form of Material Submitted: Audio Script ( ) Storyboard ( )

Others ( ) Please specify :

Production House:

Submission Status: First Submission ( ) Revised Version ( ) Ref. #

User of this Form shall Acknowledge: (1) the General Terms and Conditions set forth in the Station's prevailing Rate Card governing TV commercials; and (2) that any advice, clearance or approval given by the Station to the audio script / storyboard / Material submitted shall not be taken as final determination as to the suitability and acceptability of the Material in respect of which the Broadcasting Authority is the final authority; and (3) that the clearance and advice given to the audio script / storyboard is preliminary and is given on the express condition that it does not guarantee automatic approval of the finished material. In using our "Advisory Services", the advertiser and/or his advertising agency hereby absolve(s) the Station of any liability, should the Material in its finished form be rejected. (4) The Station reserves the right to charge an Advisory fee which it deems appropriate.

Signed By : Title: Date: ********************************************************************************************************** SEND SCRIPT / STORYBOARD BY HAND, DO NOT FAX.

Agency / Client : Total No. of Pages :

Attention : Fax No.:

Product / Service :

Material Title : Duration:

Language : Ref. No.: House No.:

The Final Approval / Vetting Status of the above-stated material is given below:

( ) 1. No major problems with no additional / attached comments.

( ) 2. The following time and/or frequency restrictions should be imposed: (see attached comments)

( ) Outside children's channel.

( ) Outside 1600 - 2030 hrs.

( ) Other time restriction:

( ) No more than spot(s) per clock hour.

( ) No more than spot(s) of similar nature per clock hour.

( ) 3. The commercial is only suitable for the following channel(s):

( ) 4. Status of the commercial is “Pending / Rejected”. See the attached vetting report for details.

The Advertiser and the Advertising Agent hereby acknowledge: (1) the General Terms and Conditions set forth in the Station's prevailing Rate Card governing TV commercials; and (2) that the Broadcasting Authority is the only Government body vested with the responsibility to make a final determination of whether a Material is suitable for telecast; and (3) that the Station reserves the right to charge a vetting fee which it deems appropriate.

Prepared by : Date : Chloe Fong (Tel: 2112 6841 / Fax: 2112 7891)

Chapter 2 : Guidelines on Booking Operations

2.1 About Hong Kong Cable Enterprises Limited (“HKCE”)

2.1.1 Hong Kong Cable Enterprises Limited (HKCE, formerly Global Media In Force Limited), a member of the i-CABLE Communications Group, is the Exclusive Commercial Airtime Sales Distributor of i-CABLE Channels.

2.1.2 Riding on the firmly established brands of the i-CABLE Communications Group and CABLE TV, HKCE is set up to add value to the business of the Group by providing value added services to CABLE TV’s subscribers and advertisers.

2.2 Company Registration of Advertiser and Advertising Agent

2.2.1 The definitions and obligations of Advertiser and Advertising Agent are stipulated in the General Terms and Conditions of the Station's prevailing Rate Card.

2.2.2 Advertiser and Advertising Agent are requested to apply for account registration with HKCE by providing all pre-requisite company details prior to placing a Booking.

2.2.3 The Advertiser shall submit a completed Registration Form together with a copy of Certificate of Incorporation or Business Registration.

2.2.4 The Advertising Agent will be required to submit: 2.2.4a an official appointment letter from the Advertiser it represents; and 2.2.4b a completed Registration Form along with a copy of Certificate of Incorporation or Business Registration; and 2.2.4c documentary evidence that advertising is at least part of its business activities (such as being registered as an Advertising Agency in the Business Registration Form or, in the case of limited company, any Articles and Memorandum stating that advertising is one of its business activities.).

2.3 Booking Mechanism

2.3.1 The mechanism of entering into Booking with HKCE will be governed by the Time Zone Definition; Pre-emption Structure; Rate Level of Spots and Terms and Conditions of the prevailing Rate Card and other Published Offers distributed by the Station from time to time.

2.3.2 To expedite and facilitate the operation, the proposed appearance and scheduling of spots should be clearly demonstrated with the following particulars: - Channel(s) to be telecast; - Campaign period (start and end dates of Booking); - Name of the Advertiser; - Name of the Advertising Agency; - Name of Product / Service to be advertised; - Category and/or Remarks of Product to be advertised; - Proposed telecast date(s) and hour-break of each spot; - Proposed Rate of each spot; - Total amount of spot per Time-zone; and - Total amount of spot value.

2.4 Pre-emption and Re-scheduling

2.4.1 Subject to airtime availability, the Station may exercise spot pre-emption in accordance with the terms of Pre-emption Structure and Re-scheduling stating in the Station’s prevailing Rate Card.

2.4.2 A lower rate spot is pre-emptible by another advertiser buying at a higher rate, up to seven (7) days (including weekends and Public Holidays) before the date of telecast.

2.4.3 Except through pre-emption, the telecast date specified in any Booking may not be modified unless the Station otherwise agrees, and unless a minimum of 4 weeks' prior written notice is received by the Station from the Advertiser or its Advertising Agent and such notice is accompanied by a new telecast schedule accepted by the Station.

2.5 Booking Confirmation

2.5.1 On first come first serve basis, HKCE will confirm the acceptance of Booking order being placed by the Advertiser or Advertising Agent with a formal Agreement.

2.5.2 Both the Advertiser and the Advertising Agent are required to sign on the Agreement issued by HKCE as a formal acknowledgment of such advertising airtime reservation.

3.1 Material Instructions

3.1.1 A Material Instruction Schedule covering all details of scheduled dates and times of telecast must be supplied to the Operations Dept. of HKCE in writing at 7 working days before the scheduled date of first telecast.

3.1.2 The Material Instruction Schedule shall contain the following information: 3.1.2a Date and Time of the scheduled spots; 3.1.2b Name of Product; 3.1.2c Duration and Type of Material; and 3.1.2d Reference or Code Name of the Material.

3.2 Specifications and Technical Standards of Finished Material

3.2.1 Tape Format: Finished Material copy should be recorded in Phase Alternation Line (PAL) System and presented in the video-tape format of - Digital Betacam; or - DV/DV Cam; or - Betacam SP; - HDCAM.

3.2.2 Recording Format: Any block of advertisement comprising one or more than one product or service must conform to the following presentation format: Description Duration Colour Bar and Tone 1 minute Colour Black and Mute 5 seconds Clapper of 1st commercial 5 seconds Colour Black and Mute 5 seconds Content of 1st commercial Colour Black and Mute 5 seconds Clapper of 2nd commercial 5 seconds Colour Black and Mute 5 seconds Content of 2nd commercial Colour Black and Mute 5 seconds

3.2.3 Colour Bars and Tone: 3.2.3a All Finished Materials shall correspond to a 75% Colour Bar (EBU) and 1 kHz tone at 0dBu. 3.2.3b These requirements are quoted for ideal colour and sound signals in PAL system, not subject to any distortions.

3.2.4 Video Characteristics: Video level is subject to the following conditions: Level Range Black 0 Volt ~ 0.03 Volt above blanking level White 0.5 Volt ~ 0.8 Volt above blanking level Chrominance Excursion - 0.23 Volt ~ 0.93 Volt above blanking level

3.2.5 Volume Control Limits: While these levels are related to standard Peak Programme Meter (PPM) readings with a steady state reading of "4" corresponding to 0dBu 1 kHz tone, the exact audio level shall be confined to the range as described below: Description Normal Peak Full Range Highly Compressed Commercial 4.5 2 ~ 5 Slightly Compressed Commercial 5 2 ~ 6

3.2.6 Audio Channel Allocation: Audio Type Channel 1 Channel 2 Mono Yes No Stereo Left Right Bi-Lingual Primary Secondary

3.2.7 Each item of Finished Material shall be delivered in a separate container and labelled with the following information: 3.2.7a Identification Number; 3.2.7b Names of the Advertiser, Advertising Agent and/or Sponsor; 3.2.7c Name of Product; and 3.2.7d Duration and Type of Material.

3.2.8 Each item of Finished Material shall be accompanied by a reference document (commonly known as "cue sheet") detailing the following information: 3.2.8a Title(s) of Commercial(s); 3.2.8b In/out time code of each commercial (i.e. HH:MM:SS:FF) ; 3.2.8c Duration of each commercial; 3.2.8d Audio Type (Mono/Stereo/Bilingual); 3.2.8e Master Tape Number (if available); and 3.2.8f Reference or Code Name of the Material.

3.2.9 Prohibition of Special Visual or Audio Effects: 3.2.9a Special effects, such as the deliberate use of simulated technical or operational breakdown (e.g. snowy effects on screen, blatant sound effect, etc.) which may cause confusion or irritation to viewers, should NOT be imported into commercial unless prior written approval has been obtained from the Station. 3.2.9b The Station, however, accepts advertising materials which falls into the ambit of "Visual Effect" on the condition that a legible display or device is incorporated, such as a visible framework, logo of product/service, pattern and decorative design. 3.2.9c Where request for any of the above-mentioned devices are made, the intention is to ensure that ordinary viewers would not be disturbed or misled that technical or operational fault has occurred in the course of transmission. 3.2.9d Unless otherwise approved by the Station in writing, Finished Material coming with any of the conditions listed below will not be accepted for transmission:

Visual Effect Opening and or closing black-out; video and or colour unlock; video drop-out; colour bar; noisy picture; imitation of a searching frame, such as rewinding and or fast forwarding in motion. Audio Effect mute; abrupt cut-off and or audio drop-out; Bip-tone imitating Station's Newscast opening soundtrack.

3.3 Operation Flow of Material Submission

3.3.1 Finished Materials shall be submitted to: Operations Dept. Hong Kong Cable Enterprises Limited 8/F, Cable TV Tower, 9 Hoi Shing Road Tsuen Wan, Hong Kong

3.3.2 Provided that the audio script and storyboard have previously been given a positive clearance by the Station, submission deadline for Finished Material should be 5 working days (excluding holiday and weekends) prior to scheduled telecast date.

3.3.3 The cut-off time for collecting Finished Material is set at 16:00 (excluding holidays and weekends). Any Material arriving after the cut-off time would be deemed as received on the following day.

3.3.4 The Materials would be returned to Clients within 30 working days after receipt.

4.1 Overview of Advertisement Presentation

4.1.1 Definition of Broadcast Day:

4.1.1a The Broadcast Day of the Station shall mean a 24-hour cycle commencing at 06:00, which shall be the hours from 06:00:00 to 29:59:59.

4.1.1b Each Advertising Channel will be maximum assigned with 3 (Three) Time-zones, the spot rates and segmentation of which will be defined clearly in the prevailing Rate Card.

4.1.1c For channels not included in the prevailing Rate Card, Package Rate will be announced on Project basis, or be quoted upon request.

4.1.2 Advertising Break Arrangement:

4.1.2a To ensure audience's viewing interests, advertising break pattern for Live Events is provided under the latter part of this Chapter.

4.1.2b Live Events shall mean an important, interesting, or unusual function organized or conducted by, or independent of, the Station, the inherently structured parts of which are autonomous or natural, or in which the Station, for artistic or practical reasons, will not normally be able to insert natural breaks without affecting the continuity of the perceived function.

4.1.2c For easy reference, the classification of Live Events carried by the Station shall include, but not limited to, the following: - Live coverage of Legco and non-schedule breaking News; - Live Sports Events; - Live Horse Racing Events.

4.1.3 Advertising Break Duration:

4.1.3a Under the Generic Code and the existing legislation, the Station is no longer bound by any limits on advertising (such as the 10-minute hourly advertising rule and the maximum duration for breaks). The Station will nonetheless continue to implement the established policy that the duration of each break within programme and any interval between programmes shall not exceed 3.5 minutes and 5 minutes respectively.

4.1.3b Where requests for the insertion of long-duration advertisements (such as informercials) are made, the Station may, at its sole discretion and on a case-by-case basis, permit departures from the established policy and designate specific time slots as having regard to the need for some flexibility in break insertion.

4.1.3c The Station reserves the right to decline any request for the allocation of long-duration advertisement where this is necessary in the interests of good programme presentation. Advertisers and/or Advertising Agents shall, before the development of any such advertisements, refer to the Sales Dept. of HKCE for specific guidance and prior approval.

4.1.4 Presentation of Advertisement:

4.1.4a The audio presentation shall be in Stereo on the following channels: - i-CABLE Sports Channel, i-CABLE Super Soccer Channel, i-CABLE Channel 63, i- CABLE Soccer Betting Channel, hd201, hd202, hd203, hd204, hd205, Ch 301, Ch 302, Ch 303 & Ch 304; - i-CABLE News Channel, i-CABLE Top News & i-CABLE Finance Info Channel; - Movie 1, Movie 2, HMC 1 & HMC 2; - i-CABLE Children Channel; - i-CABLE Entertainment Channel & CEN; - i-CABLE Channel 18; - CABLE No. 1 Channel.

4.1.4b Bi-lingual advertisement shall be entertained in Sole-sponsorship advertising break.

4.1.4c For spots booked at announcement and package rates, the sequential presentation of advertisement inside advertising break shall be scheduled on a fairly rotation basis and shall be at the sole discretion of the Station.

4.1.4d For spots booked at sponsorship rate, advertisement shall be scheduled at the opening and/or closing of the sponsored programme or segment(s). In the event of more than 1 sponsor's advertisement, the sequential presentation shall also be on fairly rotation basis at the sole discretion of the Station.

4.2 Advertising Presentation on Live Horse Racing Coverage

4.2.1 Advertising Break Arrangement:

4.2.1a Advertising break during Live Horse Racing Coverage shall be arranged on per Race basis, subject to availability, maximum 4 x advertising break shall be available to each Race.

4.2.1b Subject to availability and continuity, tailor-made advertising breaks shall be quoted and arranged for sole or co-sponsorship upon request.

4.2.1c At the sole discretion of the Station and subject to change from time to time, advertising breaks for each Race may be taken at intervals where the focus of coverage shifts from one point to another. These intervals usually occur: - after the introduction of jockeys; horses' names and odds of coming up race; - after the commentary of paddock parade; - after the Race event; or - after the announcement of temporary dividends.

4.3 Advertising Presentation on Live Sports Events

4.3.1 Advertising Break Arrangement :

4.3.1a The advertising break arrangement for Live Sports Events shall be subject to the inherent and natural structure of the event.

4.3.1b Advertising breaks shall normally be inserted at intervals during intermission and time-out of the event.

4.3.1c Notwithstanding 4.3.1(a) and (b), the Station may insert or vary any pre-defined advertising break in the interests of better viewing and presentation.

4.3.1d Without interrupting viewing interests and subject to the approval from the Broadcasting Authority, the use of Teloping as a form of advertising during Live Sports Event may be available upon request.

5.1 Relevant Code Clauses and Statutes

5.1.1 The advertising of medical preparations and treatments is governed by the rules as prescribed in Paragraphs 7 – 20, Chapter 6 (Specific Categories of Advertisement) of the Generic Code of Practice on Television Advertising Standards (“the Advertising Standards”).

5.1.2 All medical advertisements shall also conform to the laws of Hong Kong, including but not limited to the Undesirable Medical Advertisement Ordinance (Cap.231), the Pharmacy and Poisons Ordinance (Cap.138), and the Chinese Medicine Ordinance (Cap. 549).

5.2 Undesirable Medical Advertisements Ordinance (UMAO)

5.2.1 No person shall publish, or cause to be published, any advertisement likely to lead to the use of any medicine, surgical appliance or treatment for 5.2.1a the purpose of treating human beings for, or preventing human beings from contracting, any disease or condition specified in column 1, Schedule 1 of the UMAO, except for a purpose (if any) specified in column 2 of that Schedule; or 5.2.1b treating human beings for any purpose specified in Schedule 2 of the UMAO.

5.2.2 Application of the UMAO may extend to Non-medical Products or Services: 5.2.2a Paragraph 21(a) in Chapter 6 of the Advertising Standards spells out the applicability of the UMAO to advertising claims made in relation to the nutritional and dietary effects of products or services. 5.2.2b Such provision also prohibits the use of claims relating to the effects or treatment for conditions of health for which qualified medical attention or advice should be reasonably sought. 5.2.2c Paragraph 8(f) in Chapter 6 of the Generic Code spells out that foods which claim to assist 'regularity' or other health problems should fall within the scope of medical preparation. 5.2.2d The code clauses for medical preparations and the UMAO shall have application to all claims made in relation the nutritional, therapeutic or prophylactic effects of a product, irrespective of the product nature. Such health claims, when made in the advertisements for food, health food, health tonic, herbal preparation, dietary supplement, toilet products or any other household products, shall be examined in light of the same statutes and code clauses governing the advertising of Medical Preparations.

5.3 Unacceptable Medical Products or Services

5.3.1 Advertisements for medical preparations which are included in: 5.3.1a Part I of the Schedule to the Poisons List Regulations (Cap.l38B); or 5.3.1b Schedule 1to the Antibiotics Regulations (Cap.137A), are not acceptable.

5.3.2 Advertisements for products or services coming within the recognized character of, or specifically concerned with, the following are not acceptable: 5.3.2a smoking cessation: this does not preclude advertisements for nicotine replacement therapy products which are listed in Part II of the Schedule to the Poisons List Regulations (Cap. 138B); 5.3.2b clinics for the treatment of hair and scalp; 5.3.2c pregnancy testing services; and 5.3.2d clinical laboratory testing services. 5.3.3e the relief or cure of alcoholism and drug addition; 5.3.3f cosmetic surgery and slimming or weight reducing measures involving the use of medical preparations; and 5.3.3g procuring miscarriage or abortion.

5.3.3 Advertisements on any course of treatment or medical preparation which is directly or by implication held out as being effective for the prevention, relief or cure of any disease or condition in so far as they are prohibited or restricted under section 3(1)(a) in the UMAO are not acceptable. Advertisements on medical preparations or treatments for the following are prohibited:

DISEASES AND CONDITIONS IN RESPECT OF WHICH ADVERTISEMENTS ARE PROHIBITED OR RESTRICTED

Column 1 Column 2 Disease or condition Purposes for which advertising is permitted

1. Any benign or malignant tumor. None 2. Any viral, bacterial, fungal or other infectious Treatment or prevention of minor cutaneous disease, including tuberculosis, dysentery, infections where a medicinal product is to be hepatitis and leprosy. administered to an external surface of the body, including treatment by means of preparations for the relief of pruritus or exanthematous rashes of childhood infection. Relief of symptoms of aphthous ulcer. Relief of symptoms of common colds, coughs, conditions commonly referred to as influenza and similar upper respiratory tract infections. Treatment of minor acute inflammatory conditions of the buccal cavity and pharynx. Prevention of common colds. 3. Any parasitic disease. Treatment of scabies or an infestation by threadworms, lice or roundworm. 4. Any venereal disease, including syphilis, None gonorrhea, soft chancre, lymphogranuloma venerum, genital herpes, genital warts, urethritis, vaginitis, urethral or vaginal discharge, acquired immunodeficiency syndrome (AIDS), and any other sexually transmitted disease. 5. Any respiratory disease, including asthma, Relief of symptoms of hay fever, rhinitis or catarrh. bronchitis, and pneumonia. Relief of blocked-up sinuses. 6. Any disease of the heart or cardiovascular None system, including rheumatic heart disease, arteriosclerosis, coronary artery disease, arrythmias, hypertension, cerebrovascular disease, congenital heart disease, thrombosis, peripheral artery disease, oedema, retinal vascular change and peripheral venous disease. 7. Any gastro-intestinal disease, including Relief of such symptoms as are commonly referred gallstone, cirrhosis, gastro-intestinal bleeding, to as indigestion, heartburn, hyperacidity, diarrhoea, hernia, fistula-in-ano and dyspepsia, halitosis (bad breath) or flatulence. heamorrhoids. Symptomatic relief of colicky pain, stomach ache or nauseau. Relief of occasional or non-persistent diarrhoea or constipation. Prevention of travel sickness or related symptoms. Treatment of haemorrhoids for relief of symptoms by means of locally effective preparations or stool- softening agents and lubricants. 8. Any disease of the nervous system, including Symptomatic relief of headaches. epilepsy, mental disorder, mental retardation and paralysis.

DISEASES AND CONDITIONS IN RESPECT OF WHICH ADVERTISEMENTS ARE PROHIBITED OR RESTRICTED

Column 1 Column 2 Disease or condition Purposes for which advertising is permitted

9. Any disease of the genito-urinary system, None including kidney stone, nephritis, cystitis, any prostatic disease and phimosis. 10. Any disease of the blood or lymphatic system, Prophylactic administration of minerals and including anemia, neck glands, bleeding vitamins to avoid deficiency states in persons with disorders, leukemia and other lympho- inadequate diet or with increased dietary proliferative diseases. requirements. 11. Any disease of the musculo-skeletal system, External preparations for the relief of symptoms of including rheumatism, arthritis and sciatica. muscular pain and stiffness and cramp. 12. Any endocrine disease, including diabetes, None. thyrotoxicosis, goitre and any other organic or functional condition related to under or over activity of any part of the system. 13. Any organic condition affecting sight, hearing Relief of symptoms by means of the local or balance. administration of eye preparations. Relief of symptoms by means of local administration of preparations as a solvent for ear wax. 14. Any Disease of the skin, hair or scalp. Prevention or treatment of dandruff by means of external applications. Prevention of pimples. Relief of symptoms of eczema and allergies by oral antihistamine preparations. Treatment, where applied to an external surface of the body, of pimples, eczema, skin allergies, athlete’s foot and fungal nail infection. Prevention or treatment of contact dermatitis and sunburn by means of protective external applications. Treatment of hard skin and corns by means of the application of corn plasters or solvents. Relief or prevention of common minor skin conditions including dry and chapped skin, cold sores, pruritus, insect bites, heat rash and napkin rash.

5.5 Schedule 2 of UMAO:

PURPOSES FOR WHICH IT IS PROHIBITED TO ADVERTISE ANY MEDICINE, SURGICAL APPLIANCE OR TREATMENT

1. The induction of menstruation or relief of amenorrhea or delayed menstruation or any other gynaecological or obstetrical disease.

2. The promotion of sexual virility, desire or fertility, or the restoration of lost youth.

3. The correction of deformity or the surgical alteration of a person's appearance.

Chapter 6 : Useful Guidelines on the Advertising of Investment Products

6.1 Relevant Code Clauses and Statutes

6.1.1 The advertising of financial and investment products shall be subject to the standards as set out in Paragraphs 27–35, Chapter 6 (Specific Categories of Advertisement) of the Generic Code on Television Advertising Standards (“Advertising Standards”).

6.1.2 A list of related statutory controls is given in Paragraph 27, Chapter 6 of the Advertising Standards. Specifically, it is required by the Codes of the Securities and Futures Commission (SFC) that 6.1.2a no advertisement for any investment scheme or product is acceptable without the authorization in writing of the SFC. 6.1.2b the advertising of investments products must adhere to the Codes of the SFC.

6.2 Code on Unit Trusts & Mutual Funds Advertising Guidelines

6.2.1 Advertising and Public Announcements

6.2.1a Advertisements and other invitations to the public in Hong Kong to invest in a scheme, including public announcements, must be submitted to SFC for approval prior to their issue or publication in Hong Kong. Any publication submitted for approval which concerns the trustee must be accompanied by its written consent. The approval so granted may be varied or withdrawn by the Commission as it deems fit. Once authorized, the advertisement may be used for a maximum period of six months, provided there are no material changes in that period to the scheme or to the advertisement itself. 6.2.1b Advertisements and other invitations to the public in Hong Kong must not refer to any scheme which has not obtained authorization from the Commission.

6.2.2 Corporate Advertisement

A corporate advertisement does not require SFC authorization. A corporate advertisement is one which only advertises the investment management expertise or services offered by a fund management company, and does not refer to any particular scheme or product. There may, however, be circumstances where an advertisement will be regarded as a product advertisement and thus will be required to be authorized, even though no names are mentioned.

Examples: (i) Where an advertisement refers to collective investment schemes with little or no reference to other types of services and where there is only one or more such schemes offered by the company that is authorized by the SFC. (ii) Where an advertisement refers to certain specific features or characteristics (e.g. emerging markets funds, no-load funds etc.) when collective investment schemes with such features are being offered by the company.

6.2.3 Chinese Advertisements

A scheme can only advertise in the Chinese media if a Chinese translation of the offering document has been approved by the SFC and made available to investors.

6.2.4 Content of Advertisements

6.2.4a General Principle

- The general principle is that no advertisement can be made to the public in Hong Kong that is false, misleading or deceptive.

- Be clear, fair and present a balanced picture of the scheme with adequate risk disclosures;

- Contain information that is timely and consistent with its offering document.

- Advertisements and other invitations to the public in Hong Kong may not refer to any scheme which has not obtained authorization from the SFC.

6.2.4b Language & Graphics

- A statement of opinion regarding a scheme or management company's level of performance must be reasonable.

Examples: (i) "Our XYZ Far East Fund is one of the best performing funds in Asia" is a misleading statement if it is not placed in the top quartile of Asian funds in any independent performance report.

- An advertisement should not contain words or phrases that may give investors the impression that they cannot lose money or that profits are guaranteed, unless the scheme has a guarantee feature.

Examples: safe, secure, protected, no risk, guarantee, promise.

- An advertisement should not focus on the potential return of a scheme without some balancing reference to the risks involved. An advertisement should not give the impression that an investor could profit without risk.

- An advertisement should not contain language, artwork or graphics that is inaccurate or inconsistent with is offering document.

Examples: (i) An advertisement for a scheme which carried a special risk warning in its offering document that suggests it is of low risk would be misleading.

- An advertisement should not seek to denigrate a scheme's competitors in such a way as might lower the reputation of the industry.

- An advertisement should not use artwork or language that would be considered by a reasonable person to be in poor taste.

6.2.4c Statistics/Performance Figures

- Performance information, including charts, graphs and tables, should use either the first or last business day of each month or the first or last dealing day of the scheme in each month as the reference date. For regular publications that are updated on a weekly or more frequent basis (e.g. website), performance information may use the most recent dealing day as the reference date. In any case, the reference date should not be arbitrary. The computation basis should be stated (e.g. offer-to-offer or NAV-to-NAV, with or without dividends reinvested)

- All performance information, including awards and rankings, should be referenced to the sources and date. Rankings and award winnings may be quoted from any recognized or published external source. For peer group comparisons, only one source should be used and a clear description of the peer group should be included in the advertisement.

- No forecast of the scheme’s performance may be presented. A substantiated prospective yield is generally acceptable only for schemes that invest substantially in fixed income securities, money market instruments, real estate investment trusts or other investments that provide regular and stable distributions. The disclosure of prospective yield must be accompanied by a disclosure of its calculation basis as well as a warning statement to the effect that a positive distribution yield does not imply a positive return. Performance information of a scheme may be presented only if it has an investment track record of not less than 6 months.

- Performance information, if presented, should at a minimum include the returns (e.g. NAV / price returns, where applicable) of the immediately preceding 5 years (or, subject to the paragraphs above, the period since launch if shorter), presented based on complete 12-month periods (or shorter periods for the earliest / latest period presented). Such information constitutes the “minimum performance information” and further performance information may be presented in addition.

Note: (1) Minimum performance information may be made up to a recent reference date, the last calendar year end date or the last financial year end date of the scheme. If the calendar or financial year end date is used, performance information of the latest part-year (being year-to-date) should also be presented to ensure that the information is up-to-date. (2) Subject to the paragraphs below, minimum performance information may be included in the notes to the advertisements.

- Less-than-one-year’s figure(s) quoted in an advertisement should be of at least 3 months in duration, except as required in the paragraphs permitted below, and presented in the same format as and no more prominently than the most recent 1-year figure (or since launch figure if the scheme has a track record of shorter than 1 year).

- Regular publications such as a regularly issued fact sheet may contain performance figures of the latest periods (e.g. latest month, latest quarter, year-to-date, etc), provided such figures are clearly for information purposes and are presented in the same format as and no more prominently than other figures.

- Performance information on an advertisement should be up to date and no more than 6 months old except for print media advertisements, broadcasts or interactive systems, which should be no more than 3 months old. In all circumstances, information should be updated if more recent information is significantly different.

Example: A variation of 10% or more from that last published statistics to the current performance figure would be considered significant

- Performance information must be actual rather than based on simulated results. Hypothetical figures may be permitted for schemes with complicated mechanisms for the purpose of explaining those mechanisms to investors, in which case, such figures must be conservative and the worst-case scenario of the payout mechanism, if any, must be presented. Also, it must be clearly stated to the effect that the figures used are for illustrative purposes only and are not indicative of the actual return likely to be achieved. Annualized returns are only acceptable for presentation of performance figures for periods of more than 1 year.

6.2.4d Warning Statement

- Advertisements should contain warning statements / notes:

(i) to the effect that investment involves risk;

(ii) that the offering document should be read for further details including the risk factors;

(iii) (where past performance is presented) to the effect that the past performance information presented is not indicative of future performance; and Note: Where performance information is provided for discretionary benefit schemes, a statement should appear to the effect that the rates of return of the scheme are declared at the discretion of a named party (authorized insurer or other party) which may not be the same as the actual returns of the scheme’s underlying assets.

(iv) (where the advertisement is exempted from pre-vetting and authorization by the Commission pursuant to the SFO) that the advertisement has not been reviewed by the Commission.

- The text of the warning statements and footnotes may be varied but the message should be clear and not disguised.

- If a scheme is described as having been authorized by the Commission it must be stated that authorization does not imply official recommendation.

- Warning statements and footnotes should be well positioned and, where applicable, properly referenced in the advertisement (e.g. at the first point of access of a website, by way of properly reference endnotes, etc). In any event, warning statements and footnotes must be legible in the context of (i) font sizes used; (ii) format and layout of the advertisement; and (iii) where the advertisement is displayed or published.

- Advertisements of a scheme with special features or involving higher risk investments (e.g. emerging markets, use of financial derivative instruments for investment purposes, etc) should include a warning statement appropriate to the degree of risk inherent in the scheme. Issuers of advertisements should also refer to relevant provisions in applicable Product Code(s) in respect of the specific disclosure requirements for special features of the scheme. The Commission may require additional warning statements to be included in the advertisements of individual or specific types of schemes, where appropriate.

Note: The following materials need not include warning statements or disclosures that are specific to a particular scheme provided that they include the warning statements referred to in the paragraphs above:

(i) display-only materials that are not for distribution; and (ii) regular publications that include a listing of schemes and their factual information for comparison or information purposes only.

6.2.4e Information of the Advertisement Issuer

- The full name of the issuer must be disclosed on all advertisements, except as permitted as below.

6.2.4f Miscellaneous Provisions

- Rules applicable to Radio, Television, Cinema or Other Time-limiting Advertisements / Broadcasts

- The following are applicable to advertisements, the recipients of which have no control over the time for information delivery (e.g. radio, television, cinema broadcasts, etc):

(i) For audio advertisements with no visual display, warning statements referred to the previous paragraphs should be audibly and clearly read out in a voice-over at the end of each broadcast. The broadcast of the full name of the issuer is optional for such audio advertisements. (ii) For visual advertisements, warning statements referred to in paragraph 6.2.4d and the full name of the issuer referred to in paragraph 6.2.4e should be displayed for such time as to be sufficiently prominent to allow the viewer to read the entire text of the disclosure with reasonable ease. (iii) The advertisement should not be disguised as an authoritative report, and should be presented with courtesy and good taste. Disturbing or annoying materials such as blatant sound effects, persistent repetition, or words and phrases implying emergency should be avoided.

6.3 Useful Contact

Advertisers / Advertising Agents are advised to liaise with SFC on the application of appropriate authorization. Their address is as follows:

Securities & Futures Commission 8/F Floor Chater House 8 Connaught Road Central Hong Kong Tel: 2840 9222 Fax: 2521 7836

7.1 Relevant Statutes and Codes

Advertisements or marketing materials promoting the general awareness of Mandatory Provident Fund (MPF) are permitted and do not require prior approval of the Mandatory Provident Fund Schemes Authority (MPFA). It is however the Advertiser’s responsibility to ensure that the advertisements and marketing materials comply with all the relevant legal and regulatory requirements, including but not limited to the Mandatory Provident Fund Schemes Ordinance (Cap. 485), the Occupational Retirement Schemes Ordinance (Cap.426) and the SFC Code on Mandatory Provident Fund Products.

7.2 Specific Rules on Advertising Presentation

7.2.1 A trustee which has submitted an application to the MPFA for approval but has not yet been approved by the Authority should not imply in any advertisement that approval has been granted.

7.2.2 After approval has been granted and if the trustee is described as having been approved by the MPFA in an advertisement or marketing material, it must be stated that approval does not imply official recommendation. The said statement should if possible be printed in type of the same size as the rest of the text in the advertisement or marketing material, and in any event must be capable of being read with reasonable ease by anyone scanning the advertisement or reading the marketing material.

7.2.3 Before the registration of a scheme or the approval of a pooled investment fund, no advertisement or marketing material should mention the availability or the features of such a scheme or pooled investment fund, even if an application for registration or approval has already been submitted to the MPFA.

Examples: “XYZ company provides an MPF scheme or a range of MPF schemes to serve your needs.” Is not allowed if the MPF scheme(s) to be provided by XYZ company have not been registered with the MPFA.

7.2.4 No advertisement can be made that is false, biased, misleading or deceptive.

Example: “XYZ company provides MPF trustee service” would be misleading if XYZ company has not been approved by the Authority as a trustee.

“XYZ company provides the best MPF service” or “One-stop service providers provide better service” would be misleading unless there is a comprehensive independent performance evaluation report supporting such a claim and the Authority may request the submission of a copy of such report for substantiation of the claim.

7.2.5 An advertisement or marketing material should not seek to denigrate competitors in such a way as might lower the reputation of the industry, or use language or artwork that would be considered by a reasonable person to be in poor taste.

7.2.6 The advertisement or marketing material should not be disguised as an authoritative report, and should be presented with courtesy and good taste.

7.3 The above 7.1 and 7.2 are excerpted from the “Reminder on Marketing/Advertising of MPF Business”. Should there be any doubt about the applicability or interpretation of these guidelines, guidance should be sought from: Mandatory Provident Fund Schemes Authority (Level 15, International Commerce Centre, 1 Austin Road West, Kowloon, Hong Kong Tel.: 2918 0102 Fax: 2259 8806)

7.4 Authorization for Product Advertisement

Any advertisement or marketing material related to the scheme or pooled investment fund must be submitted to the Securities and Futures Commission (SFC) for authorization prior to the issue or publication (of the advertisement) in accordance with the SFC Code on MPF Products pursuant to the Securities and Futures Ordinance (Cap.571). Please note that approval for these will not be granted prior to the registration of the scheme or approval of the pooled investment fund.

7.5 Documents Required by the Station

In the case of a corporate advertisement for a service provider, the Station shall be furnished with a copy of the appropriate “Approval of Corporate Trustees” as granted by the MPFA. Where there are references to the availability or features of scheme / pooled investments fund, evidence must be provided that the SFC has given its consent to the advertisement concerned.

Chapter 8 : Useful Guidelines on Unacceptable Products or Services

8.1 Relevant Code Clauses

A list of Unacceptable Products and Services is given in Chapter 5 of the Advertising Standards. Advertisements for other products or services not included in this list may be restricted or prohibited under the laws or under other parts of the Advertising Standards.

8.2 Products or Services Prohibited from TV Advertising

8.2.1 Firearms and associated equipment;

8.2.2 Fortune-tellers and the like except where exemption from this clause is allowed in the cases of 8.2.2a advertisements for publications (whether print or otherwise) or pre-recorded services (whether voice or data) on subjects of general interests such as horoscopes, astrology, Chinese almanacs, fung-shui, etc;

8.2.3 Undertaker or others associated with death or burial including funeral parlours or other related services. Exemption may be given to the advertisements for columbaria provided that: 8.2.3a the advertising presentation is dignified and restrained; 8.2.3b the responsible salesperson(s) (of HKCE) would exercise due sensitivity in ensuring that any proposed scheduling plans pertaining to such advertisements are sensible and are likely to be accepted by the Station; and 8.2.3c all explicit references to death and technical aspects of associated services and morbid details are avoided.

8.2.4 Unlicensed employment services, registries or agents;

8.2.5 Organizations/companies/persons, seeking to advertise for the purpose of giving betting tips or providing betting tools/services (including pools). Exemption may be allowed in the case of: 8.2.5a betting publications on both horse racing and football (whether printed or otherwise) and pre-recorded services (voice or data) provided that the advertisements for such: - neither encourage betting nor contain any references to betting tips; and - are not shown within or in proximity to children’s programmes/channels. 8.2.5b betting (including pools): this does not preclude advertisements for lotteries, football and horse race betting which are authorized by or under the Betting Duty Ordinance (Cap. 108), provided that the advertisements for such: - would not be shown within or in proximity to programmes or channels targeting young persons under the age of 18 (such as Children Channel); - would only target the adult audience and no children or adolescents should be allowed to participate in the presentation of advertising; - would not feature any personality who has particular appeal to children or adolescents; - would not state or imply praise for those who participate in the advertised activity or denigrate those who abstain; - would not mislead or exaggerate one’s likelihood of winning; - would not be instructional in nature or unduly exhort the public to bet; - would not feature excessive or reckless betting; and - would not present lotteries/football/horse race betting as an alternative to work or a way out of financial difficulties.

8.2.6 Night clubs, dance hall, massage parlours, sauna houses, bath houses or similar establishments in which hosts or hostesses are employed for the purpose of attracting or entertaining customers or in which floor shows or other live performances or activities involving sexual behavior of whatever nature are presented;

8.2.7 Escort services in general and dating services targeting young persons under the age of 18; and

8.2.8 Pay per call information (“infoline”) services involving adult material of a sexual nature. This restriction is not applicable to channels reserved for adult services with access control.

9.1 Relevant Statutes and Codes

Chapter 8 of the Advertising Standards and Schedule 4 of the Broadcasting Ordinance provide sector-specific conditions for the volume of advertising, i.e. no more than 10 minutes hourly advertising content between 5 p.m. - 11 p.m. and at other times the aggregate advertising time shall not exceed 18% of the total broadcasting time in that period.

9.2 Advertising Time Limits Not Applicable to CABLE TV

With the exception clause stipulated in Schedule 5 of the Broadcasting Ordinance, CABLE TV is no longer bound by any constraints on the volume of advertising, whereas free-to-air television programme services, with due regard to the statutory control, are still subject to the rules on hourly content.

9.3 Flexibility in Allocation

Without having to secure compliance with the equivalent limitations on the amount that free-to-air services may devote to advertising, long-duration advertisements or informercials can be better accommodated on CABLE TV.

9.4 Station Policies

To allow greater flexibility in the insertion of breaks, having regard to the needs of advertisers and the interests of having uncluttered programmes, the Station has devised its own policies pertaining to Advertising Break Duration. Subject to the conditions as prescribed in Chapter 4 of this guidelines, the Station may, at its complete discretion and on a case-by-case basis, review any request for longer-duration break referred to the Sales Dept. of HKCE.

Chapter 10 : Useful Guidelines on Programme Sponsorship

10.1 Generic Code Clauses

10.1.1 A programme is sponsored if it is broadcast in return for payment or other valuable consideration (which includes the programme itself) to a licensee.

10.1.2 News programmes, Religious services or other devotional programmes, and programmes, announcements or other material included at the direction of the BA (i.e. RTHK programmes and API) from time to time must not be sponsored.

10.1.3 Surreptitious sponsorship is not allowed. All sponsorship must be clearly identified at the beginning and/or end of the programme.

10.1.4 Unless otherwise permitted by the BA, advertising or non-programme (i.e. API & Station OAP) material may be placed only at the beginning or end of a programme or in a natural break occurring therein.

10.1.5 Indirect advertising in television programmes refers to the mingling of programme and advertising material or the embedding of advertising material within programme content, whether inadvertently or by design. As a matter of principle, advertisements should be recognizably separate from the programmes.

10.1.6 As a general principle, all sponsored programmes must be clearly identified.

10.2 Relaxed Standards

10.2.1 Product Category may be incorporated into, or integrated with the programme title.

10.2.2 Sponsor's Identity, when presented graphically, can be made to stand out from the rest of the programme title.

10.3 General Guidelines:

10.3.1 Qualifying words relating to Commercial Attributes and/or promotional reference to advertising Slogan may be incorporated into, or integrated within the programme title.

10.3.2 Where the relevant material is counted towards advertising airtime, sponsor's Trademark, Logo, or Product Shot may be incorporated into the graphic presentation of a programme title subject to the conditions that 10.3.2a such graphic presentation or video clipping MUST NOT be mingled with any programme material or embedded within programme content; 10.3.2b the rules on Indirect Advertising in programmes shall be properly complied with; 10.3.2c such graphic presentation or video clippings will not be included in materials of station presentation or programme continuity including: - Programme Breaker, unless it clearly serves as advertisement following a proper Programme Breaker; - Programme Identifier; - Stay-tune; - Programme Intro of a segment sponsorship; and - Backdrop of a segment sponsorship

10.3.3 No more firm limits on the duration or frequency pertaining to the superimposition of programme title as programme identifier during programme segments.

10.4 Sponsor’s Name in Programme Titles

10.4.1 Audio Presentation of Programme Title 10.4.1a The entire programme Chinese title shall be made up of no more than 20 characters (every numeric figure, syllable or a single note of pronunciation will be counted as one character). 10.4.1b In the case of English programme title, the aural presentation of such shall last no longer than 4 seconds in length. 10.4.1c Where a programme title is referred to in a Billboard Announcement, it shall be, for the purpose of sponsor identification, followed by a different set of Billboard Wordings which may further include specific references to commercial attributes or advertising slogan 10.4.1d The programme title and the billboard wordings must be so designed to avoid repetition of the same or substantially the same promotional references to sponsor, commercial attributes, copyline or slogans.

10.4.2 Graphic Presentation of Programme Title 10.4.2a Where further approval from HKCE is sought, sponsor’s Trademark, Logo or Product Shot may be incorporated into the graphic presentation. 10.4.2b The finished graphic presentation may contain elements which closely resemble the colour, typeface or specific feature/design of the sponsor’s trademark or logo.

10.5 Sponsor Promo

10.5.1 EXCEPT with prior approval of HKCE, no Trademark, Commercial Logo or Product Shot shall be incorporated into a Sponsor Promo.

10.5.2 Advertising material may be mingled with programme promotional material to form an Integrated Sponsor Promo. By submitting Advertising Material to the Station for the production of Integrated Programme Promo, the Advertisers and Advertising Agents shall automatically undertake to: 10.5.2a grant the Station the right to use, modify, adapt, reproduce, create derivative works from and telecast such Advertising Material (in whole or in part) and incorporate it in other visual- audio works without infringement of any rights of any third party; 10.5.2b warrant that any music rights, talent rights, other copyrighted material or proprietary information contained in the Advertising Material have been cleared; 10.5.2c acknowledge that the amount of time required for processing creative and production may be longer than expected and HKCE shall not be held liable for any delays as might arise in this connection; 10.5.2d acknowledge that, where necessary, additional production costs may be required.

10.5.3 The entire Sponsor Title will be displayed in a single line of text on screen with legible font size.

10.6 Sponsor Tag-on Billboard and Programme Billboard

10.6.1 Trademark, Logo or Product Shot will NOT be incorporated EXCEPT with prior approval of HKCE.

10.6.2 The same or substantially the same references to commercial attributes, copyline or advertising slogan as integrated with the Programme Title shall NOT be accepted for use in billboard mentioning.

10.7 Sponsored Segment

Trademark, Logo or Product Shot will NOT be incorporated in the graphic presentation of Sponsor Identifier or Backdrop during programme segment.

10.8 Product Placement (Product/Service Sponsorship)

Product placement is a form of sponsorship in which appearances of commercial products or services are included in programme in return for payment or other valuable consideration. Product placement is subject to the following criteria:

10.8.1 Any exposure or use of commercial product/service within programme must be clearly justified editorially, not obtrusive to viewing pleasure and not gratuitous;

10.8.2 The product or service featured in a programme must not be unacceptable for advertising under the Generic Code;

10.8.3 The sponsor for the product or service featured must be clearly identified in a separate “Product Placement Billboard” immediately following the end of programme/programme segment. Given the need to reduce on-air clutter, program content (including such part of the program closing as end roller with acknowledgement or production credits) should end prior to the insertion of “Product Placement Billboard”;

10.8.4 In programmes where programme sponsorship and product/service sponsorship are involved, “Product Placement Billboard” shall always precede such programme sponsor identifications as “Tag- on/Closing Sponsor Billboard” or “Sponsor Spot Advertisements”;

10.8.5 In situations where no more than four (4) product/service sponsors are involved, a maximum of 5 seconds will be allotted for “Product Placement Billboard”;

10.8.6 Where five (5) or more product/service sponsors are involved, a maximum of 10 seconds can be made available for product placement identification;

10.8.7 Notwithstanding the requirement for sponsor identification, the frequency of “Product Placement Billboard” insertion must be restricted to “ONCE every run of program/segment”;

10.8.8 The “Product Placement Billboard” must be designed in such a way that viewers will be advised of any branded product or service positioned in programme. To this end, such expressions as “本節目產品贊助:…” shall be clearly displayed in billboard;

10.8.9 For the purpose of sponsor identification, the “Product Placement Billboard” may feature a combination of slogan, address, logo, still product shot, branding statement etc. Notwithstanding that, NO “Product Placement Billboard” may carry verbal mentions in dialogue;

10.8.10 The Advertising Standards set out in the Generic Code shall apply to product/service sponsorship where appropriate, including but not limited to the provisions governing substantiation of factual claims and disparagement of competitors.

Chapter 11 : Useful Guidelines for Advertisements on Adult Channels

11.1 Less Stringent Restrictions on Adult Content

11.1.1 Where programme service locking device is a mandatory requirement, advertising on our Adult Services may be subject to less stringent forms of regulations over the presentation and placement of advertisements.

11.1.2 All existing placement restrictions (i.e. time/frequency restrictions), as applied to explicit advertising presentation or some other adult-directed advertisements, generally would not be extended to our Adult Services with access control.

11.1.3 Where there are commonly-applied safeguards against the advertising of unacceptable products/services, an exemption have been provided for Adult Services with access control in relation to the advertising of “infoline services and publications which offer adult material of a sexual nature”.

11.1.4 Given the audience profile of our Adult Services, explicit visual or aural presentation which may offend general viewers, may be accepted standards by the audience of our Adult Services.

11.1.5 Notwithstanding the above, no consideration will be given to advertise which is contrary to the laws of Hong Kong or the Generic Codes of Practice. The guidelines provided herein are only intended to demonstrate the degree of explicitness that may be allowed on our Adult Services. Advertisers are advised not to regard our Adult Channels as media to advertise unacceptable matters.

11.2 Guidelines on Presentation

11.2.1 For a better understanding of how broad or narrow the guidelines are, one may refer to the standards for programmes targeting mature viewers.

11.2.2 Application of these rules may vary case by case. Some languages or visual presentation are acceptable in a programme as they are defensible in terms of the context. However, the use of the same presentation may not be permitted in an advertisement if it does not have a justifiable cause.

11.2.2a Violence - Violence may be portrayed realistically where it is justified in context but it must not be unduly bloody, sadistic or horrific and should not be presented as desirable in its own right. - Great care must be exercised in cases where women and children are victims of acts of violence. Sexual violence is prohibited;

11.2.2b Sex and Nudity - Nudity may be portrayed where it is justified in context. - Intimate sexual activity may be discreetly implied or simulated but explicit or actual sexual activity i.e. hard core material, is prohibited.

11.2.2c Language - Occasional use of offensive language justified in context is permitted. - Obscene, profane or blasphemous language that is likely to offend a substantial portion of the audience is prohibited.

11.2.2d Denigration - The denigration or insult of any particular class of the public by reference to the colour, race, religious beliefs, ethnic or national origins, sex or disability of the members of the class is prohibited.

Chapter 12 : Useful Guidelines on the Advertising of Alcoholic Beverages

12.1 Time Restriction Applicable to CABLE TV CABLE NO. 1

Paragraph 2(c), Chapter 6 of the Advertising Standards requires all free-to-air services to be subject to the time restriction which prevents liquor advertising to be shown during 4:00p.m. - 8:30p.m and such provision is applicable to CABLE No. 1.

12.2 Restrictions on Advertising Presentation

Advertisers are advised to observe all constraints and conditions pertaining to the content and presentation of liquor advertising (Paragraphs 2(a, d-o) and 3 in Chapter 6 of the Advertising Standards). Among all other standards on liquor advertising, specific conditions are highlighted for easy reference:

12.2.1 where sponsors may donate their own products as prizes in a contest included within programme, the presentation of alcoholic liquor as prizes or gifts in isolation shall not be allowed;

12.2.2 such advertising must clearly be directed at the adult audience only and no children or adolescents shall be allowed to participate in the presentation of any advertisements for alcoholic liquor or related products;

12.2.3 alcoholic products shall not be advertised as similar to or equated with non-alcoholic products, e.g. soft drinks, fruit drinks, etc.;

12.2.4 the use of alcoholic products should not be represented before or during any activity requiring alertness, dexterity and/or sober judgement, e.g. driving, swimming or other potentially dangerous activities;

12.2.5 such advertisements should avoid featuring any personality who has a particular appeal to children of young persons under the age of 18;

12.2.6 any reference to alcohol consumption or alcohol product, when included in other advertisements intended for non-alcoholic products/services, must always be carefully considered to ensure compliance with the standards on alcoholic drinks;

(The above conditions are only illustrative and not exhaustive.)

12.3 Channel Restriction

Paragraph 2(b), Chapter 6 of the Advertising Standards prohibits liquor advertising to be shown in programmes targeting children (such as Children Channel) or young persons under the age of 18.

Chapter 13 : Useful Guidelines on the Advertising of Personal Products

13.1 Relevant Code Clauses

The degree of control over the advertising of personal products, such as female sanitary products, condoms, deodorants for the genital area, incontinence products, etc., has been significantly reduced under the Generic Code (Paragraphs 22 – 25 in Chapter 6 of the Advertising Standards).

13.2 Relaxed Standards

13.2.1 The previous Code, which imposed burdensome restrictions on the presentation of advertisements for female sanitary products and condoms, are now replaced by a broader principle approach which provides more room for creativity.

13.2.2 Provided that the minimum standards on taste and decency are observed (Paragraphs 22 – 24, Chapter 6 of the Advertising Standards), advertisers are no longer bound by detailed rules on sanitary napkins/tampons (such as the prohibition on references to menstrual flow and leakage) and condoms (such as the requirement to display a sense of social responsibility).

13.3 More Flexibility in the Placement of Advertisements

The Generic Code ensures continuing time restriction for specific personal product advertised on free-to-air services, i.e. no condom advertising between 4:00p.m. - 8:30p.m., while lifting all firm limits over the placement or frequency of such advertising on CABLE TV.

Chapter 14 : Useful Guidelines for Specialised Religious Channels

14.1 Relevant Codes and Statutes

14.1.1 By adoption of the Generic Codes (see Chapters 18 and 19 of this Guidelines), Dedicated Channels must ensure strict compliance of all relevant rules in the production, acquisition, scheduling, promotion and telecast of their services through the Station’s network.

14.1.2 Section 36(1)(a) of the Broadcasting Ordinance (Cap. 562) prohibits the telecast of any television programme, or any part thereof, that is likely to incite hatred against any group of persons, being a group defined by reference to colour, race, sex, religion, nationality or ethnic or national origins.

14.1.3 The Station shall have the right to edit, remove or reject any programme, non-programme or advertising materials to the extent necessary to comply with the relevant laws, rules, regulations and codes applicable to Domestic Pay Television Programme Services.

14.2 Religious Advertising

14.2.1 According to Section 12 of Schedule 4 of the Broadcasting Ordinance (Cap. 562), the broadcast of any advertisement of a religious or political nature is not permitted.

14.2.2 To decide whether or not an advertisement is of a religious nature, consideration should be given to the nature of product being advertised, the underlying theme featured in the advertisement, the advertising content, the overall presentation and the advertiser’s intention. As a general principle, advertising must not be used to expound any religious doctrine or to recruit viewers to any religious faith.

14.2.3 Care must be given to any advertisements for organisations, products or services connected with any religious bodies or specific religion, including but not limited to the advertising of religious activities, events, meetings or festivals. Without the prior approval of the Station, no advertisement may include doctrinal references or extracts of acts of worship or prayer.

14.2.4 Advertising is acceptable for the purpose of promoting publications with themes about systems of belief or philosophies of life provided that these publications are clearly fictitious, analytical or novelistic in nature (e.g. “Gods of the New Millennium”, “Genesis Revisited”, “Archaeology’s New Vision of Ancient Israel and the Origin of Its Sacred Texts”). Publications about testimonials and individual case histories involving personal recognition of a deity or religion may be accepted but the advertisements must not be intended for preaching.

14.2.5 Advertisements for publications mainly concerned with specific religious doctrines or ostensibly directed towards any religious end are not acceptable. In particular, publications generally recognised as Holy Literature (e.g. “The Bible” and “The Koran”) or publications clearly intended for preaching or expounding religious doctrines or disciples (e.g. “God’s Presence Makes the World” and “Praying God’s Will for Your Life”) should not be accepted for TV advertising.

14.2.6 The above examples of religious advertising are not exhaustive. In case of doubt, the Channel should seek guidance from the Station (See 1.2.2e in this Guidelines) prior to accepting any advertising proposal.

14.2.7 For the purposes of 14.2 and 14.2.4 hereunder, the definition of “advertisement” is provided in Chapter 2 of the Generic Code of Practice on Television Advertising Standards.

14.3 Religious Programming

14.3.1 All Religious Channels shall make reasonable and conscious efforts to comply with the rules set out in the Generic Code of Practice on Television Programme Standards. Special attention must be paid to Paragraphs 2(b), 9 and 10 in Chapter 3 of the said Programme Standards.

14.3.2 Given the restrictions and requirements set forth in S.36(1)(a) of the Broadcasting Ordinance and Paragraphs 2(b) and 9 in Ch. 3 of the Programme Standards, no Religious Channel shall broadcast any material which by its content or tone likely to attack on any other established religion. In recognition of the sensitivities of a multi-religion society, programmes should be so presented to avoid denigrating other religious faiths or philosophies of life.

14.3.3 Any portrayal of religious rites should ensure the accurate presentation of such rites and the correct treatment of religious dignitaries and officers in their various callings.

14.3.4 Reasonable care must be given to programmes based on material facts, such as news and current affairs programmes, documentaries and programmes adopting an investigative style of reporting. In the case of a factual programme dealing with serious moral or religious issues, the Channel concerned must observe in an unbiased manner the need for due impartiality. (See Paragraphs 2 to 6 and 17 in Chapter 9 of the Programme Standards)

14.3.5 Extreme care must be exercised with respect to programmes containing assertions or claims to the effect that a particular religion is the “only” true faith. To avoid unintentional offence, any references to “the only true faith” shall be presented in a manner clearly identifiable as personal opinion or in a justifiable context, e.g. a programme giving interpretation of prayers or the act of worship; or a programme designed for the theological discourse of a religion.

14.3.6 In the case of a personal view programmes, the Channel shall be mindful of the need for a sufficiently broad range of views to be expressed and the requirement that facts must be respected and the opinion expressed, however partial, should not rest upon false evidence.

14.3.7 It is quite proper for a religious body or member of it to positively advocate the merits of a particular religious belief, or view of life. Nonetheless, religious programmes must not persuade or influence viewers by preying on their fears.

14.3.8 In a programme designed for personal views or discussion on moral, religious or any controversial issues of public importance, it must be clearly identified at the start and end of the programme, by an announcement in the terms such as “本節目只反映嘉賓/主持/被訪者之個人意見，有關言論並不代表有線電視或本台立場”.

14.3.9 By adherence to Paragraph 11 in Chapter 3 of the Generic Code of Practice on Television Programme Standards, any references to faith healing or miracle working may only be presented as personal belief or historic references to the holy literature, tradition, evolution or origin of a religion. Except in the context of a legitimate investigation, the channel must be mindful of any claims by living people or groups, suggesting that they have special powers or abilities, which are incapable of being substantiated.

14.3.10 Programmes connected with any fund-raising activities in Hong Kong or programmes with charity appeal must comply with all relevant statutes and codes. In particular, the Channel must, pursuant to Section 4(17)(i) of Summary Offence (Cap.228), ensure that a permit from Director of Social Welfare has been obtained.

14.4 Unsponsorable Programmes

14.4.1 Paragraph 16 in Chapter 9 of the Generic Code of Practice on Television Advertising Standards spells out that “Religious service or other devotional programmes must not be sponsored”.

14.4.2 For the purpose of 14.4.1 above, the definition of “Programme Sponsorship” is provided in Paragraph 1 in Chapter 9 of the Generic Code of Practice on Television Advertising Standards.

14.5 Advertising on Specialised Religious Channels

14.5.1 It is also the responsibility of all Religious Channels to ensure that the content of advertising included in their services will comply with all relevant laws and rules set out in the Generic Code of Practice on Television Advertising Standards.

14.5.2 Paragraph 15(a) in Chapter 3 of the Generic Code of Practice on Television Advertising Standards stipulates that “Advertisements must not be inserted in the course of a religious service or other devotional programme”. By adherence to this rule, advertisements must not appear in breaks within the programme concerned (i.e. inside breaks) but may appear in breaks or intervals between programmes (i.e. outside breaks).

Chapter 15 : Useful Guidelines on Materials Connected with Gambling

15.1 Gambling (Amendment) Ordinance 2002 (Cap. 148)

All gambling activities are illegal unless expressly exempted under the Gambling (Amendment) Ordinance (mainly social gambling not conducted by way of trade or business), licensed by the Commissioner of Television and Entertainment Licensing (e.g. mahjong parlours or a trade promotion campaign), or authorized under the Betting Duty Ordinance (such as horse racing run by the Hong Kong Jockey Club, the Mark Six Lotteries and football betting.). The definition of Gambling and the relevant exempted activities are provided in Sections 2 and 3 of the Amendment Ordinance.

15.2 Major Amendments of the Gambling Ordinance

15.2.1 Section 7 has been amended to make it clear that engaging in unauthorized bookmaking outside Hong Kong is illegal, as long as the bets is placed in Hong Kong;

15.2.2 Section 8 has been amended to make it clear that betting in Hong Kong with an unauthorized bookmaker is illegal, even if the bets is received outside Hong Kong;

15.2.3 Section 16B has been added to make it illegal for any person to knowingly promote or facilitate unlawful gambling;

15.2.4 Section 16A has been added to make it illegal for any person to knowingly operate any premises for promoting or facilitating unlawful gambling;

15.2.5 Section 16C has been added to set out the acts regarded as “promoting or facilitating” unlawful gambling for the purpose of Sections 16A and 16B. These include dissemination of advertisements and provisions of various betting-related services;

15.2.6 Section 16E has been added to prohibit broadcast via TV or radio any odds or tip relating to a horse or dog race, on which betting has not been authorized in Hong Kong, during the 12-hour period before the conduct of that race.

15.3 Restrictions and Prohibitions Affecting TV Advertising and Programming

The acts listed below are prohibited under the Gambling (Amendment) Ordinance and the Generic Codes:

15.3.1 The advertising of products or services coming within the recognised character of, or specifically concerned with organizations/companies/persons, seeking to advertise for the purpose of giving betting tips (Paragraph. 1(e), Ch. 5 of the Advertising Standards);

15.3.2 The advertising of products or services coming within the recognised character of, or specifically concerned with betting, including pools (Para. 1(f), Ch. 5 of the Advertising Standards);

15.3.3 The advertising of unlawful gambling in Hong Kong, including cross-border gambling, i.e. where bets can be placed in Hong Kong (Sections 16A, 16B and 16C of the Amendment Ordinance);

15.3.4 The broadcast of any odds, forecast, hint or tip relating to guessing or foretelling the result of, or contingency regarding any horse, pony or dog race on which betting has not been authorized in Hong Kong, within the 12-hour preceding the conduct of that race (Section 16E of the Amendment Ordinance).

15.3.5 No advertisements for “Publications as to Lotteries” will not be accepted if they are written, printed or published in the form of “any ticket relating to an unlawful lottery” or “a list of prizes in an unlawful lottery”. Nor would any such materials be accepted for advertising if they provide or publish “any tip, hint or forecast relating to the result of an unlawful lottery” or “any announcement of the result of an unlawful lottery” (S.12 of the Amendment Ordinance). Such prohibition does not apply to the advertising of a lottery promoted, conducted or managed outside Hong Kong in an internationally circulated newspaper, magazine, journal or periodical which is not printed or produced in Hong Kong.

15.4 Acceptable References to Gambling

15.4.1 Depictions of gambling may be included in programmes (as in drama or documentary) provided that they would not be presented in a manner that encourage gambling (Para.15, Ch. 3 of the Generic Code of Practice on Television Programme Standards);

15.4.2 Notwithstanding 15.4.1 above, care must be given to the scheduling of programmes with references to gambling or betting. As a general rule, nothing unsuitable for children/young viewers should be shown on channels/programmes targeting children/young persons. Programmes suitable for viewing by adults only should be clearly labelled as such. (Para.8, Ch. 2 of the Programme Standards);

15.4.3 Advertisements for lotteries (Mark Six), horse racing and football betting authorized under the Betting Duty Ordinance (Cap.108), and betting related publications and pre-recorded information services are acceptable provided that the advertisement does not encourage betting or contains any references to betting tips. Advertisements for lotteries must further comply with all the restrictions under paragraph 1(f)(i-viii) of the Generic Code of Practice on Television Advertising Standards. (Also see 8.2.5 of this Guidelines) Prior to accepting any advertising proposal with references to gambling, the Station must be consulted. (See 1.2.2e for the proper procedure)

15.4.4 Given the statutory restrictions (15.3.4 above), all Dedicated Channels are required to seek prior approval of the Station in relation to the broadcast of any material containing references to any horse, pony or dog race.

15.4.5 The restriction imposed on the broadcast of forecasts or tips has application to programmes concerned with horse, pony or dog racing but not to other sports or racing programming.

15.5 Game of Contest

15.5.1 Trade Promotion Competition Licence (TPL) “Trade Promotion Competition” means a competition or other scheme promoted, conducted or managed for the purpose of promoting a trade or business or the sale of any product. According to the Gambling Ordinance, anyone who intends to organise or conduct a trade promotion competition in Hong Kong, which involves an element of chance (e.g. drawing lot, games of chance), has to apply for a Trade Promotion Competition Licence from the Television and Entertainment Licensing Authority (TELA). For more details, please contact the Authority by phone at 2594 5636, 25945819 or 25945718.

15.5.2 To ensure the suitability for broadcast, a copy of the relevant TPL will be required by the Station prior to accepting any advertising involving a game of chance or a Trade Promotion Competition.

15.5.3 Notwithstanding the above, contests which comply with the relevant standards set out in the Generic Codes (i.e. Paragraphs 1 to 6 & 16 in Ch. 12 of the Programme Standards and Paragraph 15 in Ch. 9 of the Advertising Standards) may be organized in connection with television programmes (e.g. game shows and viewers competitions) and may form part of those programmes. (Section 37 of the Broadcasting Ordinance referred).

15.5.4 With effect from Dec 2003, advertisers are required to comply with the new condition that “Advertising in respect of the competition shall refer to the this licence by stating its number, “Trade Promotion Competition Licence No. / 推廣生意的競賽牌照號碼 :...... ” (Schedule 2 of the Gambling Regulations referred).

15.5.5 Given the above requirement, any Trade Promotion Competition referred to in an advertisement must be accompanied by explicit specification of the relevant Trade Promotion Competition Licence Number.

Chapter 16 : Useful Guidelines for All Dedicated Channels – Indirect Advertising

16.1 Indirect Publicity of Unacceptable Product in Advertisement

Paragraph 2 in Chapter 5 of the Advertising Standards stipulates that “an advertisement for an acceptable product or service may be unacceptable if, in the opinion of the Broadcasting Authority, a significant effect of the advertisement would publicise indirectly the unacceptable product or service”.

16.1.1 “Unacceptable Products or Services” refers not only to the products or services listed in Chapter 5 of the Advertising Standards but also refers to some other products or services prohibited or restricted under the laws of Hong Kong (e.g. tobacco, casino etc.).

16.1.2 In determining whether an advertisement would indirectly publicise an unacceptable product or service, attention should be drawn to the criteria set forth in Paragraph 4 (a-d), Chapter 5 of the Advertising Standards. All Dedicated Channels are expected to exercise responsible judgement on the acceptability of advertising, having regard to the content of the advertisement and the intention of the promotion. In case of doubt, further guidance from the Station must be sought.

16.2 Commercial References in Programmes

As a general principle, commercial products or services must not be promoted within programmes. All Dedicated Channels must have in place procedures for ensuring programme makers would familiarise themselves with the Generic Codes. In particular, special attention should be given to Paragraphs 4 & 5 in Ch. 3 of the Advertising Standards and Ch. 11 of the Programme Standards.

16.2.1 Separation of Programme and Advertising Material Advertisements must be clearly distinguishable as such and recognisably separate from the programmes. The main purpose of this rule is to ensure that distinctions between advertising and editorial are clear to viewer.

16.2.2 Placement of Advertising Material The placement of advertising material must be confined to paid-for advertising time (i.e. Commercial Breaks). Exceptions are: 16.2.2a it may be necessary in a news or a factual programme to include a reference to or an extract from a particular advertisement. This should give it no greater prominence than is necessary to make the required point; or 16.2.2b a programme may refer to or use extracts from advertisements provided that the choice and range of advertisements are subject only to the editorial requirements. In particular, they may in no circumstances be influenced by advertising considerations (e.g. a programme specifically designed for the coverage of advertising award presentation).

16.2.3 Undue Prominence No undue prominence may be given in any programme to a product, service, trademark, brand name or commercial logo so that the effect of such reference amounts to advertising. Any such reference must be justified by the editorial requirements or of an incidental nature.

16.2.4 Unacceptable Treatments in Programmes Brand names or branded products should not be referred to in audio (see 10.4 of this Guidelines for exceptions) or shown in close up or from an angle which displays the branding to the best advantage, or for any significant length of time.

16.3 Advertisements Adopting Programme Style

Given the principle that distinctions must be maintained between advertisements and programmes, no material may be shown whose effect is likely to risk confusing viewers as to whether they are watching a programme or an advertisement. Nevertheless, advertisement adopting a programme style (such as “Advertising Magazine” and long-duration advertisements clearly referring themselves as programmes) may be permitted if

16.3.1 the advertising character of the material is clearly stated at the beginning and the end of the material (e.g. by superimposed text “以下/以上節目以廣告時間播放” or by graphics featuring such words as “廣告”, “廣告雜誌” or “廣告資訊”);

16.3.2 it is so presented that advertising is an essential part of the material; and

16.3.3 the presentation would not be disguised as a sponsored programme (see chapter 10 for Guidelines on Programme Sponsorship).

In addition to the above, the following criteria shall also apply to advertisement adopting a programme style:

16.3.4 it must be inserted in advertising breaks only; and

16.3.5 it should not be presented as a segment / part of any programme. In the case that an advertisement does constitute direct imitation of a particular programme (i.e. treatments so close to the original programme or any part of it as to be virtually indistinguishable), the advertising material must be placed in breaks outside the programme it imitates.

In case of doubt, further guidance from the Station must be sought.

Chapter 17 : Useful Guidelines on the Advertising of Chinese Medicines

17.1 Chinese Medicine Ordinance (CMO)

The Chinese Medicine Ordinance (Cap. 549) was passed by the Legislative Council in 1999. The contents of the CMO include the regulatory system for Chinese medicine practitioners, which includes registration, examination and discipline of Chinese medicine practitioners; and the regulatory system for Chinese medicines, which includes licensing and regulation of Chinese medicines traders and registration of proprietary Chinese medicines. For details about the regulatory measures, registration and transitional arrangements for CM practitioners and Chinese Medicines, see the official website of the CMCHK at http://www.cmchk.org.hk/.

17.2 Regulation of Chinese Medicine Practitioners (CMPs)

17.2.1 As per paragraph 6(2)(b) in Part 3 of the Code of Practice for Registered Chinese Medicine Practitioner in Hong Kong, a registered CMP should not engage in practice promotion or permit others to do so on his behalf or for his behalf.

17.2.2 For the purpose of 17.2.1, the term “practice promotion” refers to the adoption of various regulatory measures to enhance the popularity of a registered Chinese medicine practitioner so as to gain benefits from his business, including the promotion of a registered Chinese medicine practitioner, his work or his practice, by himself or others. The means may include the provision of information, and canvassing in relation to the public or patients.

17.3 Rules Prohibiting the Advertising of a CMP

According to Paragraph 6(2), Part 2 of the said Code for CMPs, A “Listed CMP” must abide by the rules listed below:

17.3.1 A listed CMP should neither engage in practice promotion or permit other to do so on his behalf or for his benefit; and

17.3.2 A listed CMP who has a professional relationship with an organization (e.g. a listed CMP who accepts for examination or prescription a patient referred to him by such organization) which advertises any service that involves his participation should use his best endeavours to ensure that such advertising conforms with 17.2.1 above and the principles that any information given to the public or a patient should be legal, honest, truthful, factual and not exaggerated, and should not claim superiority over or disparage other listed or registered CMPs.

Note: For the purpose of 17.3.1 above, “Practice Promotion” refers to the adoption of various promotion measures to enhance the popularity of a listed CMP so as to gain benefits from his business, including the promotion of a CMP, his work or his practice, by himself or by others. The means may include the provision of information, and canvassing in relation to both the public or patients.

17.4 Regulation of Proprietary Chinese Medicines (pCms)

17.4.1 Given the requirement that all broadcast advertising must comply with the laws of Hong Kong, "Chinese Medicine" advertisers are advised to take note of the regulatory framework under which all "herbal Chinese medicines or proprietary Chinese medicines" manufactured, imported, or being possessed in HK should apply for registration with the CMB of the CMCHK.

17.4.2 Starting from 30 June 2004, advertisers are required to submit "documentary proof of transitional registration" or make available the "Certificate of Registration" issued for the pCms for the purpose of commercial clearance.

17.4.3 According to the CMO, Chinese herbal medicines mean the toxic Chinese herbal medicines specified in Schedule 1 of the Ordinance and the Chinese herbal medicines specified in Schedule 2 the Ordinance which are commonly used in Hong Kong. And the term “Proprietary Chinese Medicine (pCm)” means any proprietary product - composed solely of the following as active ingredients- (a) any Chinese herbal medicines; or (b) any materials of herbal, animal or mineral origin customarily used by the Chinese; or (c) any medicines and materials referred to in subparagraphs (i) and (ii) respectively; - formulated in a finished dose form; and - known or claimed to be used for the diagnosis, treatment, prevention or alleviation of any disease or any symptom of a disease in human beings, or for the regulation of the functional states of the human body.

17.4.4 According to s.128 of the CMO, pCms already manufactured, sold or supplied for sale in Hong Kong on 1 Mar 1999 should have been submitted to the CMB before 30 June 2004 for transitional registration. Advertisers of these pCms shall, for commercial clearance purpose, make available a copy of the relevant "Notice of Transitional Registration of Proprietary Chinese Medicine" as issued by the CMB. Such transitional registration shall continue in effect until - 17.4.4a the issue of a "Certificate of Registration of pCm"; or 17.4.4b the refusal of the application for registration of that pCm; or 17.4.4c such date as may be specified and promulgated by the Secretary of Health, Welfare & Food by notice published in the Gazette, whichever is the earliest.

17.4.5 For pCms manufactured or sold in HK after 1 March 1999, the product may only be considered for TV advertising if the advertiser is able to produce evidence that an application of registration has been submitted to and acknowledged by the CMB.

17.4.6 After s.119 of the CMO comes into effect, all pCm advertisements submitted for commercial clearance must be accompanied by a copy of the relevant "Certificate of Registration of the pCm".

17.5 Other Statues Affecting the Advertising of Chinese Medicine Products

17.5.1 Under the Pharmacy and Poisons Ordinance (Cap. 138), “pharmaceutical products” must be registered with the Department of Health (DH) before they can be sold, offered for sale, distributed or possessed for the purposes of sales, distribution or other use in Hong Kong. The definition of “pharmaceutical products” is stated in Section 2 of the said Ordinance. Given the requirement, a product so described as “Herbal Product” may be considered for advertising if the advertiser is able to substantiate that the product does not contain any western medicine ingredients and has been exempted from registration under the Pharmacy and Poisons Ordinance (Note: A letter from the DH confirming that the product can be exempted from registration will be deemed as sufficient substantiation).

17.5.2 In advertising of medicines, health food and Chinese medicines, one must observe the Undesirable Medical Advertisements Ordinance (Cap.231) which prohibits the advertising of products and treatments for the prevention or treatment of diseases and conditions listed in the Ordinance (see Chapter 5 for the entire list).

17.5.3 As a principle, all advertising matter must comply with the laws of Hong Kong. In this respect, “Chinese Medicine” or “Health Food” may only be accepted for advertising if the product has met all general safety requirements for food and commodities, including but not limited to the Consumer Goods Safety Ordinance (Cap. 456) and the Hong Kong Adulteration (Metallic Contamination) Regulations (Cap.132V).

17.5.4 Advertisers for health food or Chinese herbal medicines may further be required to make available scientific evidence that their products are not adulterated by western medicine ingredients and are free from heavy metals/toxic elements and pesticide residues.

17.5.5 To ensure product safety, advertisers are advised to submit their products (whether “Chinese Medicines”; “Cosmetics” or “Food”) to a testing institute accredited by the Innovation and Technology Commission for testing to ascertain if the relevant safety standards are met.

17.5.6 For details about the examination of substances seized in cases involving the contravention of the Dangerous Drugs Ordinance, the Pharmacy and Poisons Ordinance, the Antibiotics Ordinance and/or the Control of Chemicals Ordinance, browse the official website of the Government Laboratory of Hong Kong – Analytical & Advisory Services Division at http://www.govtlab.gov.hk/english/abt_aasd.htm

17.6 Other Statutes Regulating Food or Drugs

17.6.1 under the Public Health and Municipal Services Ordinance (Cap. 132), restrictions related to suitability of medicines for human consumption and affixing of false label;

17.6.2 under the Pharmacy and Poisons Ordinance (Cap.138), restrictions related to the control of medicines containing any western medicine as ingredients;

17.6.3 under the Food and Drugs (Composition and Labelling) Regulations (Cap.132W), drugs and ingredients and component parts of drugs shall conform to the standards specified thereof respectively in the British Pharmacopoeia or British Pharmacopoeia Codex;

17.6.4 under the Food Adulteration (Metallic Contamination) Regulations (Cap. 132V), restrictions related to the maximum permitted concentration of certain metals present in specified foods;

17.6.5 under Sections 56 and 61 in Part V (Food and Drugs) of the Public Health and Municipal Services Ordinance (Cap. 132), regulations as to food and drugs hygiene and restrictions related to advertisement of food or drugs.

Contents

1. Preamble 46

2. Definition of Advertisement 48

3. General Advertising Standards 49

4. Factual and Best-selling Claims 51

5. Unacceptable Products or Services 52

6. Specific Categories of Advertisement 54

Alcoholic Beverages 54

Tobacco and Tobacco Related Products 55

Medical Preparations and Treatments 56

Claims Relating to Nutritional and Dietary Effects 58

Personal Products 59

Educational Courses 59

Financial Advertising 60

Real Property Advertising 62

Film Advertisements 63

7. Advertising and Children 65

8. Advertising Breaks 67

9. Programme Sponsorship 68

1. This Code of Practice is issued by the Broadcasting Authority (BA) pursuant to section 3 of the Broadcasting Ordinance (Cap.562). All materials included in a television programme service licensed under the Broadcasting Ordinance (Cap.562) must comply with this Code. The BA has the power to impose sanctions on licensees who do not comply with the Code.

2. This Code sets out the advertising standards for the four categories of television programme services licensed under the Broadcasting Ordinance (Cap.562), viz., domestic free television programme services, domestic pay television programme services, non-domestic television programme services and other licensable television programme services.

3. Due to the difference in the characteristics, pervasiveness and degree of influence of the television programme services, each category of television programme service is subject to a level of control appropriate to that particular type of services. As a general principle underlying television advertising regulation, the degree of restriction applied must be related to the likely audience of the television programme service and their expectations.

4. Domestic free television programme services are intended or available for reception by the public free of charge in Hong Kong; they are intended or available for reception by an audience of more than 5,000 specified premises and primarily target Hong Kong. Since they are the most pervasive of all the four categories of television programme services, it is reasonable for the audience to expect more stringent standards for protection of minors and public morality.

5. Domestic pay television programme services are intended or available for reception by the public, on payment, whether periodically or otherwise, of a subscription in Hong Kong; they are intended or available for reception by an audience of more than 5,000 specified premises and primarily target Hong Kong. Given that subscription is voluntary and is by choice, and that the provision of a television programme service locking device is a mandatory requirement, sufficient safeguards are in place so as to allow a more relaxed regulatory regime for its content. Domestic pay television programme services are therefore subject to a less stringent control.

6. Non-domestic television programme services cover television programme services which do not primarily target Hong Kong. Such services are either (i) intended or available for reception by the public free of charge in Hong Kong or on payment, whether periodically or otherwise, of a subscription in Hong Kong; or (ii) neither intended nor available for reception by the public free of charge in Hong Kong or on payment, whether periodically or otherwise, of a subscription in Hong Kong. Television programme service locking devices are required for subscription services provided in Hong Kong by the licensees. Since these services do not primarily target Hong Kong, they are required to comply with only the minimum standards. Nevertheless, the non-domestic television programme service licensee should take all reasonable steps to ensure the acceptability of the licensed services in, and to comply with the laws and programme and advertising standards stipulated by the relevant authorities of, recipient countries and places.

7. Other licensable television programme services are intended or available for reception free of charge in Hong Kong or on payment, whether periodically or otherwise, of a subscription in Hong Kong; they are intended or available for reception by an audience of not more than 5,000 specified premises (unless otherwise permitted by the BA where it is satisfied that the service concerned is only intended or available for reception by a single housing estate), or in hotel rooms. They are television programme services whose reception is limited to a narrower audience. Since these services (except for a service provided to hotel rooms) are required to provide a television programme service locking device, they should not be subject to a degree of control greater than that imposed on the domestic pay television. However as the target audience of these services may range from members of the general public to hotel guests and other special interest groups, the licensee should be sensitive to the expectations of different audiences.

8. Some of the provisions in the Code are common to all categories of television programme services while others apply to a certain category or categories of such services. This will be clearly stated in the headings or the concerned paragraphs or chapters.

9. The BA, as the regulator, does not preview programmes and advertising material or consider specific proposals before production. The editorial responsibility lies with the licensees themselves. Advertisers or potential sponsors seeking guidance on the likely acceptability of particular proposals should approach the relevant licensee.

10. The Code sets out the factors which should be taken into account when making editorial judgement. It is the responsibility of the licensees to ensure that any advertising included in their licensed services will comply with the Code. Judgement will always be called for by the licensees. When forming a view about the acceptability of any advertising material, the BA will give consideration to the following factors: -

(a) Type of licensees Restrictions on the content, presentation and placement of advertising are to be adjusted according to the degree of pervasiveness and the nature of a certain category of licensees. See also paragraphs 4 to 7 in this chapter.

(b) Category of advertisement The licensee should exercise care in the inclusion in its licensed service of specific categories of advertisement having regard to the nature of the product or service advertised and the treatment of the product or service in the advertisement. Advertisements for products and services which are of particular concern or sensitivity (e.g. alcoholic beverages, medicines, personal products etc.) are subject to more stringent restrictions.

(c) Time of the day The licensee’s responsibility for sensitive scheduling of advertisements may reduce a risk of offence to the minimum. For example, at certain times, parents will want to be confident that their children can watch television unsupervised without the risk of being exposed to unsuitable material. At other times, they can accept more challenging material and can reasonably be expected to take greater control over their children’s viewing.

(d) Target audience The provisions in the Code will differ according to the likely composition of the audience to television advertising. The compliance of an advertisement with the Code will be assessed in terms of its probable impact as a whole upon that particular audience who are likely to be exposed to it. Special concern should be given to the interests of children and young viewers. The restriction on the advertisements targeting children is much more stringent than those targeting adults.

(e) Circumstances in which the advertisements are shown Account should be taken of the circumstances in which the advertisements are shown such as the nature of a channel or a programme in which the advertisement is included or the extent to which the viewer is able to control its reception.

11. Care should be taken in those aspects of television programme services which entail advertisers’ involvement in programming or promotional (rather than advertising) time. The Code makes different provisions governing standards in the sponsoring of programmes for different types of licensees. Standards on indirect advertising are set out separately in the Generic Code of Practice on Television Programme Standards.

12. The Code deals in general principles. Licensees would be required to draw up their own guidelines in the light of the particular interests of the organisations and their audiences so as to provide practical guidance to their staff on how these general principles would be applied in specific circumstances. Licensees must reflect the general effect of this Code in their own guidelines.

13. The provisions set out in this Code have to be applied in spirit as well as in letter and should be read in conjunction with relevant legislation and licence conditions currently in force. The legal and regulatory requirements cited in the Code are for reference only. It is the responsibility of the licensees to ascertain the applicable and up-to-date legal and regulatory requirements. As a matter of principle, the BA will not try to interpret or enforce the law under the purview of other enforcement agencies. When there is an alleged breach of the law, the BA will generally refer the case to the proper enforcement agency for action.

Chapter 2 Definition of Advertisement

1. Advertisement or advertising material means any material included in a television programme service which is designed to advance the sale of any particular product or service or to promote the interests of any organization, commercial concern or individual; whether by means of words, sound effects (including music) and/or of visual presentation and whether in the form of direct announcements, slogans, descriptions or otherwise, as well as any promotional reference in the course of a programme to any products or services.

2. For the purpose of this Code the term advertisement or advertising material does not include:

(a) station/channel/programme service identifications;

(b) announcements in the public interest as the BA may require to be included in the licensee’s television programme service;

(d) sponsor identifications as permitted under Chapter 9 Programme Sponsorship of this Code;

(e) material connected with charities and public appeals approved by the BA and of which the licensee does not receive payment or other valuable consideration for including in its licensed service;

(f) references on television to the title of an event sponsored by a person other than the licensee carrying the trade name or brand name of the sponsor and other incidental references to the name of the sponsor in a programme provided that

(i) the licensee receives no consideration for such references;

(ii) no undue emphasis, whether aural or visual, is given to such references; and

(iii) the references do not obtrude on viewing pleasure or entertainment;

(g) incidental or natural references to products or services in the course of a programme which are justifiable in programme context or product/service sponsorship as permitted under paragraph 10 of Chapter 9 Programme Sponsorship of this Code and do not obtrude on programme interest or entertainment; and

(h) factual aural and/or visual references to prize(s) of a sponsor/donor in connection with contest programmes as permitted under Chapter 9 Programme Sponsorship of this Code.

Such definition shall extend to the grammatical variations and cognate expressions of such term and the word advertising shall be interpreted accordingly.

Chapter 3 General Advertising Standards

GENERAL PRINCIPLES FOR ALL CATEGORIES OF SERVICES

1. Television advertising should be legal, clean, honest and truthful.

2. The content, presentation and placement of all advertising material must comply with the Generic Code of Practice on Television Programme Standards.

SPECIFIC APPLICATIONS FOR DIFFERENT CATEGORIES OF SERVICES

DOMESTIC FREE, DOMESTIC PAY AND OTHER LICENSABLE TELEVISION PROGRAMME SERVICES

Jurisdiction

3. All advertising material must comply with the laws of Hong Kong.

Identification of Advertisements

4. Advertising material should be clearly identifiable as an advertisement. Distinctions must be maintained between advertisements and programmes.

5. Any advertisement that adopts a programme style (e.g. documentary, studio interview, cookery demonstration) should be carefully assessed to ensure that there is no risk of confusion with programme material. Where the style makes it not fully apparent that it is an advertisement, the advertisement must be flagged as such in a clearly legible manner at the beginning and at the end (e.g. by superimposed text). This rule does not apply to a service or part of a service that comprises of home shopping material where the nature of the service or part of the service is, in the opinion of the BA, clearly identified to viewers.

6. For domestic pay television programme services and other licensable television programme services, advertisements built into satellite feed services which are produced primarily for reception outside Hong Kong and included in a licensee’s television programme service but which do not contribute to the advertising revenue of the licensee may deviate from the standards set out in paragraphs 4 and 5 of this chapter when compliance is not feasible without interrupting the licensee’s television programme services.

Good Taste

7. Advertising matter should be presented with courtesy and good taste. Disturbing material such as overly persistent repetition, and words and phrases implying emergency should be avoided. Every effort should be made to keep the advertisement in harmony with the content and general tone of the programme in which it appears.

Disparagement

8. Advertising matter should contain no claims that have the effect of disparaging competitors, competing products or services or other industries, professions, or institutions.

Truthful Presentation

9. No advertisements may contain any descriptions, claims or illustrations which expressly or by implication depart from truth or mislead about the product or service advertised or about its suitability for the purpose recommended. The licensee should have his responsibility under this paragraph discharged if he did not know and had no reason to suspect that the claims made were false or misleading and could not, with reasonable diligence, have ascertained that the claims were false or misleading. (For more detailed rules relating to claims, please see Chapter 4 Factual and Best-selling Claims).

10. Advertisements which imitate or approximate unreasonably the name or advertising slogans of competitors to the knowledge of the licensee should not be permitted.

Appeal to Fear

11. Advertisements should not unduly play on fear.

Repetition of Advertisements

12. Deleted.

Acceptability of Advertising Matters

13. A licensee shall refuse the facilities of his station where he has good reason to doubt the integrity of the advertiser, the truth of the advertising representations, or the compliance of the advertiser with the spirit and purpose of all legal requirements that applies to the advertiser.

14. A licensee shall refuse to permit the use of advertising matter, or the advertising of products and services, which he has good reason to believe would be objectionable to a substantial and responsible section of the community. (See also Chapter 5 Unacceptable Products or Services).

Categories of Programme Carrying No Advertising

15. Advertisements must not be inserted in the course of:

(a) a religious service or other devotional programme; or

(b) school programmes within the Educational Television (ETV) time slot supplied by the Government as the BA may require to be included in the domestic free television programme service under the Broadcasting Ordinance (Cap. 562).

NON-DOMESTIC TELEVISION PROGRAMME SERVICES

16. The licensee should observe the laws and programme and advertising standards of the relevant authorities of the intended recipient countries and places.

DOMESTIC FREE, DOMESTIC PAY AND OTHER LICENSABLE TELEVISION PROGRAMME SERVICES

Claims to be Substantiated

1. All factual claims and best-selling claims should be capable of substantiation. Statements should not be used in respect of any products that they are “the best”, “the most successful”, “safest”, “quickest”, or containing any similar use of superlative adjectives unless the truthfulness of such statements is adequately substantiated.

2. Where a factual claim is substantiated by research or testing based on the advertiser’s own assessment or work done at his request, the source and date of the assessment or research should be indicated in the advertisement.

3. Best-selling claims are further subject to the following rules:-

(a) such claims should be substantiated by:

(i) independently audited sales figures; or (ii) probability sample surveys which are recognised or endorsed by an industry body or accepted under the industry-wide standards of the relevant trade of the advertisers or are scientifically conducted to ensure that the findings are statistically significant, reliable and valid; and

(b) best-selling claims should not be used unless there is adequate and explicit specification (aural and/or visual) in the advertisement of the category of brand leadership, country, and the time period it covers e.g. “In 1992, Brand X is the No.1 selling _____ (product category) in Hong Kong”.

4. Superlatives like “most popular”, “most preferred”, “most favoured”, etc., when used in a manner which clearly suggests a number one sales position, should be subject to the same standards governing best-selling claims.

Misleadingness

5. No advertisement may misleadingly claim or imply that the product or service advertised, or any ingredient of it, has some special features or compositions which are incapable of being established.

6. References to the results of research surveys or tests relating to the product or service to be advertised should be presented carefully, so as not to mislead viewers. Irrelevant data and scientific jargon must not be used to make claims appear to have a scientific basis they do not possess. Statistics of limited validity must not be presented in such a way as to make it appear that they are universally true.

7. Information conveyed must be accurate and not misleading by concealing or failing to make clear significant facts.

8. Visual and verbal presentations of advertisements indicating price, price comparisons or reductions or any pricing element must be accurate and must not be misleading by undue emphasis or distortion.

Superimposed Text

9. When information is included in the form of captions, either standing alone or superimposed onto other images, the text must be clearly legible and held long enough for the full message to be read by the average viewer on a standard domestic television set.

10. Special attention should be paid to the typeface, letter spacing, line spacing, background or other element of presentation including without limitation the interaction with the background which may render the text blurred or otherwise indistinct.

NON-DOMESTIC TELEVISION PROGRAMME SERVICES

11. The licensee should observe the laws and programme and advertising standards of the relevant authorities of the intended recipient countries and places.

DOMESTIC FREE, DOMESTIC PAY AND OTHER LICENSABLE TELEVISION PROGRAMME SERVICES

Unacceptable Products or Services

1. Advertisements for products or services coming within the recognised character of, or specifically concerned with, the following are not acceptable for inclusion in a licensed service:

(a) firearms and associated equipment;

(b) fortune-tellers and the like: this does not preclude advertisements for publications (whether printed or otherwise) or pre-recorded information services (whether voice or data) on subjects of general interest such as horoscopes, astrology, Chinese almanacs, fung-shui, etc;

(c) undertaker or others associated with death or burial: except advertisements for columbaria, which are acceptable provided that the following conditions are compiled with:

(i) presentation of such advertisements should be dignified and restrained, and the licensee should exercise due sensitivity in scheduling and presenting such advertisements; and

(ii) all explicit references to death and technical aspects of associated services and morbid details must be avoided;

(d) unlicensed employment services, registries or bureaux;

(e) organisations/companies/persons, seeking to advertise for the purpose of giving betting tips;

(f) betting (including pools): this does not preclude advertisements for lotteries, football and horse race betting which are authorized by or under the Betting Duty Ordinance (Cap. 108), and for horse racing and football betting publications (whether printed or otherwise) and pre-recorded information services (voice or data) on horse racing and football betting provided that the advertisement does not encourage betting or contain any references to betting tips. No advertisements for these items should be shown within or in proximity to children’s programmes. In addition, the licensee must ensure that advertisements for the aforesaid lotteries, football and horse race betting should:

(i) not be shown between 4:00p.m. and 8:30p.m. each day on domestic free television programme services or at times when television programmes, in the opinion of the BA, target young persons under the age of 18;

(ii) only target the adult audience and no children or adolescents should be allowed to participate in the presentation of these advertisements;

(iii) not feature any personality who has particular appeal to children or adolescents;

(iv) not state or imply praise for those who participate in the lotteries/football/horse race betting or denigrate those who abstain;

(v) not mislead or exaggerate one’s likelihood of winning;

(vi) not be instructional in nature or unduly exhort the public to bet;

(vii) not feature excessive or reckless betting; and

(viii) not present lotteries/football/horse race betting as an alternative to work or a way out of financial difficulties.

(g) night clubs, dance halls, massage parlours, sauna houses, bath houses or similar establishments in which hosts or hostesses are employed for the primary purpose of attracting or entertaining customers or in which floor shows or other live performances or activities involving sexual behaviour of whatever nature are presented;

(i) pay per call information services which offer adult material of a sexual nature. The restriction is not applicable to licensed services restricted for adult viewing.

The above list is not exhaustive. Advertisements for other products or services may be prohibited or restricted under the law or under other parts of this Code (e.g. see Chapter 6 Specific Categories of Advertisement).

Indirect Publicity of the Unacceptable Product or Service

2. An advertisement for an acceptable product or service may be unacceptable if, in the opinion of the BA, a significant effect of the advertisement would publicise indirectly the unacceptable product or service.

3. Where an advertisement for a particular product or service is not allowed in particular hours of the day or on a particular channel(s) or a licensed service or during a programme targeting children and young viewers, an advertisement which has a significant effect of publicising such a product or service should likewise be prohibited in those circumstances.

4. In determining whether the significant effect of an advertisement would publicise indirectly an unacceptable product or service for the purpose of paragraphs 2 & 3 above, the BA shall have regard to the contents of the advertisement and satisfy itself that the advertisement as a whole is clearly intended for the promotion of the acceptable product/service category. Without prejudice to the general discretion of the BA, some relevant factors which may be taken into consideration should include the following:

(a) whether the advertisement contains any visual or aural reference to the brand name or trade name of an unacceptable product/service or the name of the person/organisation supplying an unacceptable product/service or any logo, trade mark, theme music, slogan or copyline commonly associated with the unacceptable product/service or any advertisement for it;

(b) whether the trade mark for the acceptable product/service which is being advertised is registered in Hong Kong or any other major markets in the world, or that an application for the registration of the trade mark is pending, or that the common law rights of an unregistered trade mark have been acquired in respect of the product/service;

(c) whether the proprietor/applicant/licensed user of the registered trade mark or the proprietor of the unregistered trade mark engages in the marketing or manufacturing of the acceptable product/service; and

(d) the target audience, the arrangement of the delivery and the placement of the advertisement.

NON-DOMESTIC TELEVISION PROGRAMME SERVICES

5. The licensee should observe the laws and programme and advertising standards of the relevant authorities of the intended recipient countries and places.

DOMESTIC FREE, DOMESTIC PAY AND OTHER LICENSABLE TELEVISION PROGRAMME SERVICES

1. The licensee should exercise care in the inclusion in its licensed service of certain categories of advertisement having regard to the nature of the product or service advertised, the treatment of the product or service in the advertisement and the likely composition of the viewing audience for the time of day at which they are shown. The following paragraphs set out restrictions on advertisements for products or services which are of particular concern or sensitivity.

Alcoholic Beverages

2. The advertising of liquor or alcoholic liquor (as defined in the Dutiable Commodities Ordinance (Cap. 109)) requires special consideration and is subject to the following conditions:

(a) such advertising should only target the adult audience and no children or adolescents should be allowed to participate in the presentation of these advertisements;

(b) such advertisements should not be shown in proximity to children’s programmes; or programmes which, in the opinion of the BA, target young persons under the age of 18;

(c) for domestic free television programme services, the licensee should not include in its licensed service between the hours of 4:00p.m. and 8:30p.m. each day any liquor advertising or include in its licensed service between these hours any material in respect of which the licensee has invited, offered or accepted sponsorship or any form of commercial promotion for any liquor product;

(d) advertisements which attempt to present drinking as a desirable new experience or which portray drinking as indispensable to popularity and success should not be permitted;

(e) the presentation of alcoholic liquor as prizes or gifts in isolation for television contests should not be permitted;

(f) the use of alcoholic beverages or products should not be portrayed as essential to maintain social status, relieve stress, or as a solution to personal problems. It is unacceptable to depict the consumption or presence of alcoholic beverages as a cause of the achievement of personal, business, social, sporting, sexual or other success;

(g) alcoholic products should not be advertised as similar to or equated with non-alcoholic products, e.g., soft drinks, fruit drinks, etc., which have particular appeal to children or young persons who are under the age of 18;

(h) advertisements must not suggest that a drink is more preferable because of higher alcohol content or intoxicating effect;

(i) selection of artistes in alcoholic beverage advertisements should be handled with care and the advertisements should avoid featuring any artiste, personality or celebrity who appears regularly in any children television programmes or who has a particular appeal to children or young persons under the age of 18;

(j) use of alcoholic beverages or products should not be represented before or during any activity requiring alertness, dexterity and/or sober judgment, e.g., the operation of a motor vehicle, boat or aeroplane or engagement in swimming, water sports or other potentially hazardous activities;

(k) advertisements must not encourage or depict immoderate drinking. This applies to the quantity of drink consumed and to the act of drinking portrayed;

(l) advertising should not promote the misuse or abuse of alcoholic beverages;

(m) advertising should not suggest that drinking is a prerequisite to relaxation. Alcohol should not be offered as a sedative or tranquilizer. While advertisements may refer to refreshment after physical performance, they must not give any impression that performance can be improved by drink;

(n) advertising by retail liquor outlets for alcoholic products should adhere to the advertising standards on alcoholic drinks; and

(o) advertising must not encourage, challenge or dare non-drinkers or young persons under the age of 18 to drink.

3. Generally speaking, drinks containing 1.2 per cent or less of ethyl alcohol by volume and presented as a low or no alcohol version of an alcoholic liquor, must not be advertised in or adjacent to children’s programmes. In particular, drinks containing more than 0.5 per cent but not more than 1.2 per cent ethyl alcohol by volume, whether or not presented as a low or no alcohol version of an alcoholic liquor, must not be advertised in or adjacent to children’s programmes. The advertisements must also comply with subparagraphs (a), (b), (d), (e), (f), (g), (h), (i), (j), (l), (m) and (o) of paragraph 2 above.

Tobacco and Tobacco Related Products

4. The licensee must comply with all relevant provisions relating to tobacco advertisements under the Smoking (Public Health) Ordinance (Cap. 371).

5. The presentation of tobacco products as prizes or gifts for television contests should not be permitted.

6. Advertisements for certain tobacco related products such as cigarette holders, tobacco filters and other smoking accessories should be subject to the following rules:

(a) such advertising should only target adult audience and no children or adolescents should be allowed to participate in the presentation of these advertisements; and

(b) such advertisements should not be shown in proximity to children’s programmes; or in programmes which, in the opinion of the BA, target young persons under the age of 18.

Medical Preparations and Treatments

General

7. The licensee should ensure that all medical advertisements conform with the laws of Hong Kong, including without limitation the Undesirable Medical Advertisements Ordinance (Cap. 231).

Medical Preparation

8. The term ‘medical preparation’ means any kind of medicament or other curative or preventive substance and whether a proprietary medicine, a patent medicine or purported natural remedy. It includes:

(a) mixtures, powders, tablets, lozenges, or any product to be taken by mouth for therapeutic use;

(b) drops or paints, such as eye, ear or nose drops, throat paint, etc.;

(d) liniments or any product to be rubbed on;

(e) injections; and

(f) foods which claim to assist ‘regularity’ or other health problems.

Restricted Medical Preparations

9. Advertisements for medical preparations which are included in:

(a) Part I of the Schedule to the Poisons List Regulations(Cap.138B); or

(b) Schedule 1 to the Antibiotics Regulations (Cap.137A),

are not acceptable.

Unacceptable Products or Services

10. Advertisements for products or services coming within the recognised character of, or specifically concerned with, the following are not acceptable:

(a) smoking cessation: this does not preclude advertisements for nicotine replacement therapy products which are listed in Part II of the Schedule to the Poisons List Regulations (Cap. 138B) provided that such advertisements are not shown within or in proximity to children's programmes and that the licensee must ensure that advertisements for nicotine replacement therapy products should:

(i) comply with all relevant provisions relating to tobacco advertisements (including any illustration or mentioning smoking) under the Smoking (Public Health) Ordinance (Cap. 371). Please refer to sections 2 and 14 of Cap. 37] definitions of "smoking" and "tobacco advertisement";

(ii) not be shown between 4:00p.m. and 8:30p.m. each on domestic free television programme services or at times when television programmes, in the opinion of the BA, target young persons under the age of 18;

(iii) make it clear that the advertised nicotine replacement therapy products are aids for smoking Note 1 cessation ( );

(iv) not claim that:

Note 1 It is recognized that it takes determination and perseverance as well as a healthy lifestyle for one to quit smoking successfully.

(2) smoking is made safer whilst the habit is being reduced; and

(v) contain the advisory message visually and/or aurally: "Please consult healthcare professionals for more details of the product".

(b) clinics for the treatment of hair and scalp;

(d) clinical laboratory testing services;

(e) relief or cure of alcoholism and drug addiction;

(f) cosmetic surgery and slimming or weight reducing measures involving the use of medical preparations; and

(g) procuration of miscarriage or abortion.

Impressions of Professional Advice and Support

11. Unless it can be substantiated that professional advice or recommendation has been obtained from an acceptable organisation of the relevant profession (for the purpose of this provision, any organisation acceptable to the Director of Health or the relevant professional body in Hong Kong from time to time and the relevant professional body itself should be deemed to be an acceptable organisation), advertisements containing the following are not acceptable:

(a) presentations of doctors, dentists, veterinary surgeons, pharmacists, nurses, midwives, or other supplementary medical professionals under the control of the Supplementary Medical Professions Ordinance (Cap. 359) which give the impression of professional advice or recommendations;

(b) statements giving the impression of professional advice or recommendation by persons who appear in the advertisements and who are presented, either directly or by implication, as being qualified to give such advice or recommendation. To avoid misunderstanding about the status of the presenter, it may be necessary to establish positively in the course of an advertisement that the presenter is not a professionally qualified adviser; and

(c) references to approval, acceptance or recommendation of, or preference for, the product or its ingredients or their use by the professions referred to in (a) above.

Appeals to Fear or Exploitation of Credulity

12. No spoken or pictorial representation should be used which dramatises distress or morbid situations involving ailments or sickness or which conveys the suggestion that harmful consequences may result from the product advertised not being used. No spoken or pictorial representation of vivisection should be allowed. No advertisement should contain any matter which would lead persons to believe from the symptoms described that they are suffering from any serious ailment.

Conditions Requiring Medical Attention

13. Advertisements on any product or treatment which claims to cure chronic or incurable ailments or for use in conditions in which self-medication presents a risk are prohibited.

Encouragement of Excess

14. No advertisement may directly or indirectly encourage indiscriminate, unnecessary or excessive use of any medical preparation or treatment.

Exaggeration

15. No advertisement may make exaggerated claims, in particular through the selection of testimonials or other evidence unrepresentative of a product’s effectiveness, or by claiming that it possesses some special property or quality which is incapable of being established. Statements should not be used in respect of any product or method of treatment that it is ‘the most successful’, ‘safest’, ‘quickest’ or similar use of superlative or comparative adjectives.

General Statements

16. Advertisements should not contain:

(a) general statements which mislead viewers by omitting essential facts;

(b) statements directly stating or implying that ‘all’ of a certain group of diseases will be cured by the preparation; or

Depiction of Patients

17. Advertisements should not show a patient receiving treatment or under the influence of a drug or hypnotism. The appearance of a patient implying or testifying to the cure of any condition is also not acceptable.

Description of Bodily Functions

18. Graphic or repellent descriptions of bodily functions or matters which are generally considered not acceptable to a wide cross section of society are not allowed.

Derogatory Reference to Physical or Mental Affliction

19. No derogatory reference whether spoken or visual should be allowed for advertising purposes to any physical or mental affliction or deformity. Any reference to such infirmities must avoid bringing ridicule or offence to the sufferers or their families.

Sales Promotions

20. No advertisement for a medical preparation or treatment may contain any reference to a prize competition or promotional scheme such as gifts, premium offers and samples.

Claims Relating to Nutritional and Dietary Effects

21. Claims relating to the nutritional and dietary effects of products or services should be handled with care. Advertisements for products and services containing such claims should comply with the following rules:

(a) claims of effects or treatment for conditions of health for which qualified medical attention or advice should reasonably be sought are not acceptable. The licensee must also comply with the provisions of the Undesirable Medical Advertisements Ordinance (Cap. 231);

(b) specific claims for the nutritional value of food must be supported by sound scientific evidence and must not give a misleading impression of the nutritional or health benefits of the food as a whole;

(c) advertisements for dietary supplements, including vitamins or minerals, must not state or imply that they are necessary as additions to a balanced diet in order to avoid dietary deficiency or that they are the only means to enhance normal good health;

(d) no advertisements should encourage patterns of behaviour which are prejudicial to health;

(e) advertisements making nutritional and dietary claims are required to comply with paragraph 11 of this chapter which governs professional advice and support;

(g) no advertisements for products, services and establishments which offer or provide treatment aimed at the achievement of weight loss or reduction of body fatness are acceptable unless these advertisements state that their services/products are adjunct to having a balanced/healthy diet to achieve such effect. The following rules must also be complied with:

(i) such advertisements must not be addressed to persons under the age of 18 and containing elements which are likely to be of particular appeal to them such as featuring children or any persons posing as adolescents in the advertisements;

(ii) the licensee must obtain sound evidence showing that such products or services are likely to be effective and will not cause harm. The effect of the products or services must be substantiated;

(iii) such advertisements must not be directed at the obese or must not use case histories to show that subjects who were or appeared to be obese lose weight and become slimmer after using the product or service advertised;

(iv) such advertisements must not suggest or imply that to be underweight is acceptable or desirable. Those giving testimonials must neither be nor appear to be underweight; and

(v) advertisements for food products in this category must make it clear that the product can assist weight loss only as part of a calorie controlled diet.

(Note: For the purpose of this rule the Body Mass Index for a normal person is between 18.5 and 25 kilograms/meter2 as recommended by the World Health Organisation. Body Mass Index over or under this range would be considered as obese or underweight.)

Personal Products

General

22. Products of personal nature, such as female sanitary products, condoms, deodorants for the genital area, incontinence products, etc., should be presented with care and sensitivity. Depiction of such products must be in good taste and not overly graphic. Advertising of female sanitary products and condoms should be restrained and discreet.

Female Sanitary Products

23. The product itself should not be shown in a manner likely to cause offence and/or embarrassment to the viewers. Close-up shots on the crotch area are unacceptable.

Condoms

24. Advertisements for condoms should be factual only and should not contain any claim that the condom product is capable of giving full protection against the transmission of Acquired Immune-Deficiency Syndrome (AIDS).

25. For domestic free television programme services, except with the special permission of the BA, no advertisement for condoms should be shown between 4:00p.m. and 8:30p.m.

Educational Courses

26. The licensee must comply with section 86A of the Education Ordinance (Cap. 279), section 34 of the Non-local Higher and Professional Education (Regulation) Ordinance (Cap. 493) and section 3 of the Non-local Higher and Professional Education (Regulation) Rules (Cap. 493 sub. leg.).

Financial Advertising

Legal Responsibility

27. It is the responsibility of the licensee to ensure that advertisements comply with all the relevant legal and regulatory requirements including, but not limited to, the following:

(a) the Companies Ordinance (Cap. 32);

(b) the Banking Ordinance (Cap. 155);

(d) the Securities and Futures Ordinance (Cap.571);

(e) the Mandatory Provident Fund Schemes Ordinance (Cap. 485);

(f) the Codes of the Securities and Futures Commission (SFC), including without limitation :

(i) the Code on Unit Trusts and Mutual Funds; (ii) the Code on Investment-linked Assurance Schemes; (iii) the Code on Pooled Retirement Funds; (iv) the Code on Immigration-linked Investment Schemes; (v) the SFC Code on MPF Products; (vi) the Code of Conduct for Persons Licensed by or Registered with the Securities and Futures Commission; (vii) the Fund Manager Code of Conduct; (viii) the Corporate Finance Adviser Code of Conduct; and (ix) any other prevailing rules and guidelines on other types of investment products regulated by the SFC such as paper gold schemes; and

(g) the Rules Governing the Listing of Securities on The Stock Exchange of Hong Kong Limited and the Rules Governing the Listing of Securities on the Growth Enterprise Market of The Stock Exchange of Hong Kong Limited. (The list is for reference only and it is the responsibility of the users of this Code to ascertain the applicable and up-to-date legal and regulatory requirements.)

28. Deleted.

Deposit and Savings Facilities

29. Advertisements for deposit and savings facilities should comply with the following provisions:

(a) for deposit and savings facilities offered by any licensed bank, any restricted licence bank or any deposit-taking company authorized under the Banking Ordinance (Cap.155) :

(i) the advertisement should not use any terms or expressions indicating that the deposits will be absolutely or completely secure or to the like effect;

(ii) the advertisement should not state or imply that the repayment of any deposits or the payment of any interest payable on deposits is guaranteed or secured unless it also states the nature and extent of the guarantee and the name of the guarantor, or the nature and extent of the security, as the case may be;

(iii) no reference should be made to the amount of the nominal or authorized capital of the institution; and

(iv) no reference should be made to the total assets of the institution or to the total deposits made with the institution unless at the same time a reference is made to the amounts of the paid up capital and reserves either separately or together; or

(b) for invitations to make a deposit outside Hong Kong, the advertisement should comply with the Users of this Guidelines acknowledge that: (1) this Quick Operation Guidelines is supplementary to the Station’s prevailing Rate Card and is intended for general guidance only; (2) HKCE accepts no responsibility for any losses whatsoever arising as a result of reliance upon this Guidelines; and (3) nothing contained herein may override the provisions or terms of the Laws of Hong Kong, the Generic Codes of Practice and the Station’s prevailing Rate Card. Page 60 of 101 (Updated as of October 2010) requirements specified in the Fifth Schedule to the Banking Ordinance (Cap.155).

Lending and Credit

30. Mortgage, other lending facilities and credit services offered by licensed banks, restricted licence banks and deposit-taking companies authorized under the Banking Ordinance (Cap.155) may be advertised. Care should be taken to avoid the public being misled as to the terms of the loan services being advertised.

Review or Advice about the Stock Market or Investment Prospects

31. Subject to paragraphs 32 and 33 of this chapter or unless otherwise permitted (whether expressly or impliedly) under applicable law, no advertisement should contain any review of or advice about the stock market (including securities listed on the stock market), investment prospects, any investment advice or make any reference to specific securities, futures contracts or investment products.

Investment Products

32. Advertisements for investment products requiring authorization by the SFC, including but not limited to unit trusts, mutual funds, investment-linked insurance schemes, pooled retirement funds, Mandatory Provident Fund products and immigration-linked investment schemes, are not acceptable unless these advertisements are authorized by the SFC pursuant to section 105 of the Securities and Futures Ordinance (Cap.571).

Regulated Activities

33. Advertisements relating to carrying on of any regulated activity (as defined in the Securities and Futures Ordinance (Cap.571) should comply with the relevant provisions of the Securities and Futures Ordinance (Cap.571) (including but not limited to the requirement for the issuer to be licensed by the SFC)

Financial Publications

34. Subject to paragraph 32 and 33 of this chapter or unless otherwise permitted (whether expressly or impliedly) under applicable law, advertisements for publications, including periodicals, books, teletext services and other forms of electronic publishing, on investments and other financial matters must make no recommendation on specific securities or investment products; advertisements for subscription services for such publications must be in general terms and make no reference to specific securities or investment products.

Estimates of the Proceeds of Insurance Policies

35. No numerical examples of the proceeds of insurance policies including but not limited to estimates of future bonus or dividend declarations on participating life insurance policies should be quoted in any advertisement.

Real Property Advertising

36. No advertisement offering for sale or to let any flat, shop, office or other unit of accommodation in Hong Kong should be accepted:

(a) in respect of a completed building, unless the advertiser is able to substantiate that the proposed sale or letting does not constitute any breach of the conditions relating to such sale or letting as imposed in the lease conditions affecting the land on which such completed building stands;

(b) in respect of an uncompleted building:

(i) unless the prior consent of the Director of Lands or any other Government authority relating to such sale or letting as required under the lease conditions affecting the land on which such uncompleted building stands has been given; or

(ii) unless the developer is able to produce evidence that his solicitor has deposited a statutory declaration under Rule 5C(3) of the Solicitors Practice Rules in regard to the sale and purchase of the affected real property in the relevant Land Registry where consent as mentioned in (b) (i) above is not required for the sale of units in such uncompleted building (a solicitor’s letter certifying that the above condition has been met will be regarded as sufficient substantiation).

37. No advertisement offering for sale to Hong Kong residents any flat, shop, office or other unit of accommodation in a building or proposed building or any land or any sub-division, share or interest thereof or therein situated outside Hong Kong should be accepted unless the developer or vendor is able to produce the following:

(a) a letter from a firm of solicitors/attorneys registered and recognized in the country where the real property or land is situated confirming that :

(i) all the requirements imposed by the local government relating to the development and sale of the real property or land to be advertised have been properly complied with by the developer or vendor;

(ii) the developer or vendor has obtained the requisite consent (if necessary under the local laws) from the local government for the sale of the real property or land to non-residents; and

(iii) housing loan is available to prospective purchasers from a licensed financial institution, either locally or elsewhere; and

(b) a letter from a firm of solicitors who are qualified to practise in Hong Kong confirming that, to the best of their knowledge and belief, the local firm of solicitors/attorneys providing the confirmation in (a) above is registered in the country where the real property or land is situated for the provision of legal advice within that jurisdiction.

Users of this Guidelines acknowledge that: (1) this Quick Operation Guidelines is supplementary to the Station’s prevailing Rate Card and is intended for general guidance only; (2) HKCE accepts no responsibility for any losses whatsoever arising as a result of reliance upon this Guidelines; and (3) nothing contained herein may override the provisions or terms of the Laws of Hong Kong, the Generic Codes of Practice and the Station’s prevailing Rate Card. Page 62 of 101 (Updated as of October 2010) 38. No advertisement should be accepted if it contains an invitation to the public to enter into or offer to enter into a regulated investment agreement(Note 1) in respect of real property or to acquire an interest in or participate in, or offer to acquire an interest in or participate in, a collective investment scheme(Note 2) in respect of real property, unless the advertisement has been authorized by the Securities and Futures Commission or is exempted under the Securities and Futures Ordinance (Cap. 571).

39. The licensee must ascertain that any descriptions, demonstrations and claims of a specific nature with regard to real property advertisements have been adequately substantiated by the advertisers. In particular,

(a) no claims may expressly or by implication misrepresent the location, size and value of the real property and the available transport facilities;

(b) the lowest selling price of a real property should be stated as such and should not give an impression that it is the average price;

(c) a price being offered to local purchasers only should be stated as such and should not give an impression that it is also being offered to overseas purchasers, if there is a significant difference in the prices; and

(d) advertisements must not offer any furniture, home appliances or any other goods as “free gifts” unless such items are supplied at no cost or no extra cost to the recipient. The licensee needs to obtain a statement to this effect from the advertiser.

The licensee should have his responsibility under this paragraph discharged if he did not know and had no reason to suspect that the information contained in the advertisement or data supplied by the developer or advertiser were false or misleading and could not, with reasonable diligence, have ascertained that the claims were false or misleading.

Film Advertisements

40. Advertisements for a film which is classified under the Film Censorship Ordinance (Cap. 392) and is intended for public exhibition in Hong Kong, should display the appropriate symbol applicable to the film under that ordinance. In addition, advertisements for films classified under categories other than Category I should carry legible visual and/or aural advisories to the effect that they are not suitable for particular group(s) of persons or approved for exhibition to persons aged 18 or above, as the case may be. (For placement restrictions on film advertisements, please see paragraph 3 of Chapter 7 Advertising and Children).

(Note 1) "Regulated investment agreement" (受規管投資協議) means an agreement the purpose or effect, or pretended purpose or effect, of which is to provide, whether conditionally or unconditionally, to any party to the agreement a profit, income or other returns calculated by reference to changes in the value of any property, but does not include an interest in a collective investment scheme. (Note 2) "Collective investment scheme" (集體投資計劃) means arrangements in respect of any property- (i) under which the participating persons do not have day-to-day control over the management of the property, whether or not they have the right to be consulted or to give directions in respect of such management; (ii) under which- (A) the property is managed as a whole by or on behalf of the person operating the arrangements; (B) the contributions of the participating persons and the profits or income from which payments are made to them are pooled; or (C) the property is managed as a whole by or on behalf of the person operating the arrangements, and the contributions of the participating persons and the profits or income from which payments are made to them are pooled; and (iii) the purpose or effect, or pretended purpose or effect, of which is to enable the participating persons, whether by acquiring any right, interest, title or benefit in the property or any part of the property or otherwise, to participate in or receive- (A) profits, income or other returns represented to arise or to be likely to arise from the acquisition, holding, management or disposal of the property or any part of the property, or sums represented to be paid or to be likely to be paid out of any such profits, income or other returns; or (B) a payment or other returns arising from the acquisition, holding or disposal of, the exercise of any right in, the redemption of, or the expiry of, any right, interest, title or benefit in the property or any part of the property.

41. The licensee should observe the laws and programme and advertising standards of the relevant authorities of the intended recipient countries and places.

DOMESTIC FREE, DOMESTIC PAY AND OTHER LICENSABLE TELEVISION PROGRAMME SERVICES

General

1. Particular care should be taken over advertising

(a) which is broadcast within or in close proximity to programmes targeting children; (b) which is broadcast in a channel targeting children; or (c) in which children are to be employed.

The Viewing Child

2. No product or service may be advertised and no method of advertising may be used, in association with a programme intended for children, or in the case of domestic free television programme services, which large numbers of children are likely to watch, which might result in harm to them physically, mentally or morally, and no method of advertising may be employed which takes advantage of the natural credulity and sense of loyalty of children.

In particular:

(a) No advertisement may encourage children to take part in any scheme that contains an element of danger to them, e.g. to enter strange places or to converse with strangers in an effort to collect coupons, wrappers, labels, etc. The licensee should have his responsibility under this subparagraph discharged if he had exercised reasonable effort to ensure that the scheme advertised contain no element of danger to children.

(b) No advertisement for a commercial product or service is allowed if it contains any appeal to children which suggests in any way that unless the children themselves buy or encourage other people to buy the product or service they will be failing in some duty or lacking in loyalty towards some person or organisation whether that person or organisation is the one making the appeal or not.

(c) No advertisement is allowed which leads children to believe that if they do not own the product advertised they will be inferior in some way to other children or that they are liable to be held in contempt or ridicule for not owning it.

(d) No advertisement dealing with the activities of a club is allowed without the submission of satisfactory evidence that the club is carefully supervised in the matter of the behaviour of the children and the company they keep and that there is no suggestion of the club being a secret society.

(e) While it is recognised that children are not the direct purchaser of many products over which they are naturally allowed to exercise preference, care should be taken that they are not encouraged to make themselves a nuisance to other people in the interests of any particular product or service. In an advertisement offering a free gift, a premium or a competition for children, the main emphasis of the advertisement must be on the product with which the offer is associated.

(f) If there is to be a reference to a competition for children in an advertisement, the values of prizes and the chances of winning one must not be exaggerated.

(g) The true size of the product advertised and any free gift for children should be made easy to judge. Where necessary, they can be shown in relation to some common objects against which their actual scales can be easily judged.

Restrictions on Transmission Time

3. Advertisements for products or services, films and any material which are considered as not suitable for children may not be shown within or in close proximity to programmes targeting children and in the case of domestic free television programme services, at times when a large number of children are expected to be watching.

4. Advertisements which are frightening, or provoke anxiety, or which contain depictions of violent, dangerous or anti-social behaviour are not allowed to be shown within or in close proximity to programmes targeting children and in the case of domestic free television programme services, at times when a large number of children are expected to be watching.

The Child in Advertisements

5. The appearance of children in advertisements is subject to the following conditions:

(a) Contributions to safety

Any situations in which children are to be seen in television advertisements should be carefully considered from the point of view of safety.

In particular: (i) Children should not appear to be unattended in street scenes unless they are obviously old enough to be responsible for their own safety; should not be seen playing in the road unless it is clearly shown to be a play-street or other safe area; should not be shown stepping carelessly off the pavement or crossing the road without due care; in busy street scenes should be seen to use zebra crossings in crossing the road, and should be otherwise seen in general as pedestrians, cyclists or passengers, to behave in accordance with the Road Users Code as published by Transport Department from time to time.

(ii) Children should not be seen leaning dangerously out of windows or over bridges, climbing cliffs or playing in or near water unaccompanied by adults, or playing irresponsibly on escalators.

(iii) Small children should not be shown climbing up to high shelves or reaching up to take things from a table above their heads.

(iv) Medicines, disinfectants, antiseptics and caustic substances must not be shown within reach of children without close parental supervision, nor should children be shown using these products in any way.

(v) Children must not be shown using fire, matches or any gas, paraffin, petrol, mechanical or mains-powered appliance which could lead to their suffering burns, electrical shock or other injury.

(vi) Advertising and products advertised must be consistent with generally recognised safety standards. Demonstrations may not depict harmful or dangerous use of product. When children are shown engaging in activities potentially dangerous to them, such activities should be seen being carried out under parental supervision.

Except that in advertisements designed specifically and only to promote safety, it may be acceptable to show children, for that purpose, in dangerous situations.

(b) Good manners and behaviour

Children seen in advertisements should be presented in such a manner as to set a good example of behaviour and manners.

Children and adolescents should not be permitted to participate in the presentation of advertisements for alcoholic liquor or tobacco related products.

NON-DOMESTIC TELEVISION PROGRAMME SERVICES

6. The licensee should observe the laws and programme and advertising standards of the relevant authorities of the intended recipient countries or places.

DOMESTIC FREE, DOMESTIC PAY AND OTHER LICENSABLE TELEVISION PROGRAMME SERVICES

1. Unless otherwise permitted by the BA, advertising or non-programme material may be placed only at the beginning or end of a programme or in a natural break occurring therein. For the purpose of this Code, “non- programme material” excludes advertising material but includes materials for the promotion of the licensee’s station and programme services and such announcements as the BA may require to be included in the licensee’s television programme services pursuant to the Broadcasting Ordinance (Cap.562) or the relevant licence. This rule does not apply to a service or part of a service that comprises of home shopping material where the nature of the service or part of a service is, in the opinion of the BA, clearly identified to viewers.

2. For domestic pay television programme services and other licensable television programme services, advertisements built into programmes of satellite feed services which are produced primarily for reception outside Hong Kong but which do not contribute to any advertising revenue of the licensee may deviate from the standards set out in paragraph 1 where compliance is not feasible without interrupting the licensee’s television programme services.

NON-DOMESTIC TELEVISION PROGRAMME SERVICES

3. The licensee should observe the laws and programme and advertising standards of the relevant authorities of the intended recipient countries and places.

GENERAL PRINCIPLES FOR ALL CATEGORIES OF SERVICES

1. A programme is sponsored if it is broadcast in return for payment or other valuable consideration (which includes the programme itself) to a licensee. A programme includes a part thereof or a programme segment.

2. A core principle of this Code is the preservation of programme integrity by not allowing programme agendas to be distorted for commercial purposes. Where a programme is sponsored, the licensee should remain responsible for its content.

SPECIFIC APPLICATIONS FOR DIFFERENT CATEGORIES OF SERVICES

DOMESTIC FREE TELEVISION PROGRAMME SERVICES

Sponsor Identifications

3. All sponsored programmes must be clearly identified. Sponsor identifications other than in the form of advertisements are subject to the following basic ground rules:

(a) sponsor identifications must be distinguishable from advertisements, and should not contain superlative claims, price information and direct exhortations to the viewing public to purchase or rent the sponsor’s products or services; (b) viewers should not be subject to hidden editorial influence; and (c) sponsor identification within a programme should not be obtrusive or have adverse effect on viewing pleasure.

4. A sponsored programme must be clearly identified as such by:

(a) a front or an end sponsor credit or both which can be visual and/or aural (subject to paragraphs 5 to 7 of this chapter); and/or (Note 1) (Note 2) (b) in case of sponsorship of a whole programme or a programme segment or a programme feature thereof, incorporating the sponsor’s name into a programme title or a programme segment title or a programme feature title (subject to paragraphs 8 and 9 of this chapter); and/or (c) in case of product/service sponsorship where payment or other valuable consideration is received by the licensee in return for the commercial product or service to be featured within the programme, sponsor credit(s) in the form as described in (a) above (subject to paragraph 10 of this chapter); and/or (d) a front or an end advertisement or both which should count towards the advertising time allowance.

Front or End Sponsor Credits

5. A distinction between advertising and front or end sponsor credits should be maintained in order to ensure that credits are not used as a means of extending allowable advertising minutage. Credits may include the sponsor’s name and/or his house/trade/brand/product/service name and/or trademark/logo and may show the sponsor’s product or service and contact details (e.g. telephone number, address, fax, website address etc.) Subject to paragraph 3 of this chapter, advertising slogans and attributes of the sponsor may also be used

6. Without prejudice to paragraph 8 of this chapter, sponsor identification, whether incorporated in the title of a programme or not, can appear as a front or an end sponsor credit or both but a front or an end sponsor credit must not exceed 10 seconds in length where one sponsor is involved; and 30 seconds where there is more than one.

7. Front sponsor credits must precede and not be integrated within any part of the programme. End sponsor credits may be integrated with but must not precede the rolling end credits of a programme. ______(Note 1) An example of a typical programme segment will be a contest segment in a contest programme. (Note 2) An example of a typical programme feature is a constituent of a contest segment in a contest programme.

Title Sponsorship

8. Apart from front or end sponsor credits, the licensee may incorporate a sponsor’s name, his house/trade/brand/product/service name, trademark/logo, advertising slogan and attribute of the sponsor into the title of a programme/programme segment/programme feature subject to the following rules:

(a) references to programme titles, programme segment titles and programme feature titles, whether visually or aurally, are acceptable provided that they do not contravene the ground rules of paragraph 3 of this chapter and do not exceed the following durations:

(i) subject to the provisions herein or a programme segment between 9 and 10 minutes, an aggregate of 15 seconds for every 10 minutes of a programme segment. For the purpose of this provision, “programme segment” has the same meaning as in paragraph 12 of Chapter 12 of the Generic Code of Practice on Television Programme Standards, that is, the part of a programme between breaks or between an interval and a break and is subject to the minimum segment duration of not less than 10 minutes. For the purpose of this sub-paragraph, a programme segment between 9 minutes and 10 minutes, where approval has been obtained from the BA to deviate from the 10minute rule, will be deemed a 10-minute programme segment;

(ii) for the avoidance of doubt, in the case of a programme segment exceeding 10 minutes, the aggregate duration of references to title sponsorship referred to in sub-paragraph (i) may be calculated on a pro- rata basis at the ratio of 15 seconds per 10 minutes of the programme segment, provided that the licensee should exercise due care in presenting the title sponsorship references to avoid bunching of such references which might otherwise obtrude on viewing pleasure; and

(iii) in the case of a mini-programme of less than 10-minute duration, an aggregate of 5 seconds per programme; and

(b) for the purpose of subparagraph (a) above, none of the following will be counted towards the time allowance prescribed in paragraphs 8(a)(i), (ii) and (iii) for sponsored programme/programme segment/programme feature titles:

(Note 3) (i) programme breakers featuring the sponsored titles;

(ii) backdrops featuring the sponsored titles;

(iii) superimposition of, and/or aural reference to a sponsored programme title once each at the beginning and end of the entire programme;

(Note 4) (iv) stay tune announcement mentioning the sponsored titles;

(v) references to the sponsored programme titles in the station’s promotional programme; and

(vi) superimpositions of a sponsored programme title within programme segments as permitted under paragraph 15A of Chapter 12 of the Generic Code of Practice on Television Programme Standards.

9. The licensee must at all times have regard to the average viewer’s interest when presenting sponsors’ references under paragraph 8 of this chapter. Should any conflict arise between preserving viewers’ interest and full application of paragraph 8, the preservation of viewers’ interest prevails.

______

(Note 3) An example of a typical programme breaker is a flipcard featuring a programme title when entering and/or leaving a commercial break. (Note 4) An example of a typical stay tune announcement is the aural and/or visual reference to the title of a forthcoming programme, usually presented at the end of a programme.

Product/Service Sponsorship

10. The licensee may include one or more product(s) or service(s) within a programme in return for payment or other valuable consideration, provided that

(a) their exposure or use is clearly justified editorially, not obtrusive to viewing pleasure and not gratuitous; (b) the sponsor for the product or service featured must be clearly identified in the front and/or end sponsor credits of the programme. The content of the front and/or end sponsor credits must comply with the rules set out in paragraphs 5 to 7 of this chapter; (c) the product or service featured in a programme must not be unacceptable for advertising under this Code; and (d) the advertising standards set out in other chapters of this Code shall apply to product/service sponsorship where appropriate, including but not limited to the provisions governing substantiation of factual claims and disparagement of competitors.

Sponsorship Considerations for Specific Types of Programme

Drama Programmes

11. Deleted.

Children’s Programmes

12. Sponsorship of children’s programmes requires special caution. To avoid the programmes becoming too commercialized, title sponsorship which has the meanings as in paragraph 8 of this chapter may apply to children’s programmes save and except for attributes and advertising slogans of the sponsor. The licensee is prohibited from accepting product/service sponsorship which has the meaning as in paragraph 10 of this chapter in respect of children’s programmes.

Educational Programmes

13. The licensee has to ensure that the rule mentioned in paragraph 12 above is also strictly observed in educational programmes. For the purpose of this paragraph, “educational programmes” refer to programmes with a clear educational purpose, usually in connection with the pursuit of a formal course of academic studies, but do not include general instructional (‘how to do’) programmes.

Current Affairs Programmes

14. Title sponsorship and product/service sponsorship, which have the meanings as in paragraphs 8 to 10 of this chapter, may apply to current affairs programmes. Due to the special nature of these programmes, the licensee should exercise care in the choice of sponsor so as to safeguard the credibility and integrity of such programmes.

Commercial References in Contests

15. Subject to paragraphs 8 to 10 of this chapter, factual aural/visual references to the sponsor’s provision of the prize/prizes not otherwise constituting advertisements are allowed in contests provided that they are not used excessively.

Promotional Materials for Sponsored Programmes (“Promos”)

16. Promos are subject to the following rules:

(a) No reference to sponsors may be allowed except where the sponsor’s name or his house/trade/brand/product/service name, trademark, logo or his advertising slogan or attribute is an integral part of the station’s official programme title and the rules in paragraph 8 of this chapter where applicable are complied with. A promo may be followed by advertisements announcing the sponsors with the advertisements being counted towards the advertising time allowances.

Users of this Guidelines acknowledge that: (1) this Quick Operation Guidelines is supplementary to the Station’s prevailing Rate Card and is intended for general guidance only; (2) HKCE accepts no responsibility for any losses whatsoever arising as a result of reliance upon this Guidelines; and (3) nothing contained herein may override the provisions or terms of the Laws of Hong Kong, the Generic Codes of Practice and the Station’s prevailing Rate Card. Page 70 of 101 (Updated as of October 2010) (b) Announcements on any television contests may include factual references to prizes, prize sponsors’ name and/or his house/trade/brand/product/service name and/or trademark/logo and/or advertising slogan or attribute, or means of obtaining entry forms but such references should not contain advertisement for any product/service and the presentation does not obtrude on viewing pleasure. In this connection, the ground rules on sponsor identifications at paragraph 3 of this chapter will equally apply.

Prohibited and Restricted Sponsors

17. The licensee should not accept any sponsorship in respect of products/services/establishments in so far as they are not acceptable for advertising under the Code. However, acknowledgment to such establishments may be included in the rolling end credits of the programme if the context or dramatic veracity requires the programme to include shots of the establishments.

Unsponsorable Programmes

18. News programmes and programmes, announcements or other material included at the direction of the BA from time to time must not be sponsored.

19. Religious service or other devotional programmes must not be sponsored.

Acquired Programmes

20. Films made for the cinema and acquired programmes covering sporting and other events taking place outside Hong Kong may deviate from the standards in this chapter only when this is unavoidable.

DOMESTIC PAY TELEVISION PROGRAMME SERVICES AND OTHER LICENSABLE TELEVISION PROGRAMME SERVICES

21. Surreptitious sponsorship is not allowed. All sponsorship must be clearly identified at the beginning and/or end of the programme and/or within the programme as part of the programme title, programme segment title or programme feature title. Such identifications may include references to a sponsor’s name, product/service, house/trade/brand/product/service name, trademark/logo, advertising slogan and attribute, and sponsored prizes in connection with contest programmes provided that they comply with the basic ground rules as set out in paragraph 3 in this chapter. Paragraphs 10 (save and except for the time restriction set out in paragraph 6), 12 to 14 and 17 to 20 of this chapter also apply to the licensees.

22. Programmes of satellite feed services provided by the licensee may deviate from the standards set out in paragraph 21 of this chapter only when this is unavoidable.

NON-DOMESTIC TELEVISION PROGRAMME SERVICES

23. The licensee should observe the laws and programme and advertising standards of the relevant authorities of the intended recipient countries and places.

Contents

1. Preamble 73

2. Scheduling 75

3. General Programme Standards 76

4. Use of Language 79

5. Sex and Nudity 81

6. Violence 83

7. Protection of Children 85

8. Information for Viewers 87

9. Accuracy, Impartiality and Fairness 91

10. Privacy 95

11. Indirect Advertising 96

12. Other Programme Matters 98

Annex Definitions of Programme Types 101

2. This Code sets out the programme standards for the four categories of television programme services licensed under the Broadcasting Ordinance (Cap.562), viz., domestic free television programme services, domestic pay television programme services, non-domestic television programme services and other licensable television programme services.

3. Due to the difference in characteristics, pervasiveness and degree of influence of the television programme services, each category of television programme service is subject to a level of control appropriate to that particular type of services. As a general principle underlying television programme regulation, the degree of restriction applied must be related to the likely audience of the television programme service and their expectations.

Users of this Guidelines acknowledge that: (1) this Quick Operation Guidelines is supplementary to the Station’s prevailing Rate Card and is intended for general guidance only; (2) HKCE accepts no responsibility for any losses whatsoever arising as a result of reliance upon this Guidelines; and (3) nothing contained herein may override the provisions or terms of the Laws of Hong Kong, the Generic Codes of Practice and the Station’s prevailing Rate Card. Page 73 of 101 (Updated as of October 2010) 9. The BA, as the regulator, does not preview or pre-censor any programmes. The editorial responsibility lies with the licensees themselves. The Code sets out the factors which should be taken into account when making editorial judgement. It is the responsibility of the licensees to ensure that any programmes delivered on their licensed services will comply with the Code. Judgement will always be called for by the licensees. When forming a view about the acceptability of any programme material, the BA will give consideration to the following factors: -

(a) Type of licensees Restrictions on the programme content are to be adjusted according to the degree of pervasiveness and the nature of a certain category of licensees. See also paragraphs 4 to 7 in this chapter.

(b) Type of programme The provisions in the Code will vary with the type of programme; the considerations applying to drama, for example, are different from those applying to a documentary. It is important to consider the expectations that viewers have of particular programmes. Whether or not a scene causes offence to an audience can depend greatly on whether it is contrary to the expectations of a programme.

(c) Programme context Much depends on the context; i.e. where and why the material appears in the particular programme, whether a scene may be justified by the storyline or the expectations created about the individual characters. What is unacceptable in one context may be appropriate and acceptable in another.

(d) Time of the day The licensee’s responsibility for sensitive scheduling of programmes may reduce a risk of offence to the minimum. For example, at certain times, parents will want to be confident that their children can watch television unsupervised without the risk of being exposed to unsuitable material. At other times, they can accept more challenging material and can reasonably be expected to take greater control over their children’s viewing.

(e) Target audience The provisions in the Code will differ according to the likely composition of the audience to television programmes. Material within a programme has to be judged in relation to what that particular audience may reasonably expect. Special concern should be given to the interests of children and young viewers. The content control over the programmes targeting children is much more stringent than those targeting adults.

(f) Circumstances in which the programmes are shown Account should be taken of the circumstances in which the programmes are shown such as the nature of a channel or whether the programme is subject to access control, only available on demand or accessible on a programme by programme basis.

(g) Programme information The licensee should ensure that appropriate information such as clear and specific warnings or labelling is available to assist viewers in their choice of television programmes. Such information should be employed where there is a likelihood that some viewers may find a programme disturbing.

(h) Merits of programme The use of material that may cause offence or distress may be justified by its purpose and the overall quality of the programme. The considerations applying to programmes which are serious presentations of moral, social or cultural issues, for example, are different from those applying to a light entertainment programme.

10. The Code deals in general principles. Licensees would be required to draw up their own guidelines in the light of the particular interests of the organisations and their audiences so as to provide practical guidance to their staff on how these general principles would be applied in specific circumstances. Licensees must reflect the general effect of this Code in their own guidelines.

11. The provisions set out in this Code have to be applied in spirit as well as in letter and should be read in conjunction with relevant legislation and licence conditions currently in force. As a matter of principle, the BA will not try to interpret or enforce the law under the purview of other enforcement agencies. When there is an alleged breach of the law, the BA will generally refer the case to the proper enforcement agency for action.

GENERAL PRINCIPLE FOR ALL CATEGORIES OF SERVICES

1. As a matter of principle, programmes should always be scheduled with an awareness of the likely audience in mind. Great care and sensitivity should be exercised to avoid shocking or offending the audience. (For details on the standards for programmes targeting children, please see Chapter 7 Protection of Children).

SPECIFIC APPLICATIONS FOR DIFFERENT CATEGORIES OF SERVICES

DOMESTIC FREE TELEVISION PROGRAMME SERVICES

Family Viewing Policy

2. The family viewing hours are determined as the period between the hours of 4:00p.m. and 8:30p.m. on any day, during which time nothing which is unsuitable for children should be shown. The Family Viewing Policy assumes that there is a progressive decline in the proportion of children present in the audience throughout the evening. The restriction on the provision of material unsuitable for children should only be relaxed on a gradual and progressive basis after 8:30p.m. It is assumed that after 8:30p.m. parents may reasonably be expected to share responsibility for what their children are permitted to watch.

3. Violence is not the only reason for a programme to be considered unsuitable for family viewing. Other factors include bad language, innuendo, sex and nudity, scenes of extreme distress, the deliberate use of horror for its own sake, morbid sound effects intended to anticipate or simulate death or injury, the use of the supernatural or superstition so as to arouse anxiety or fear, torture, cruelty to children or animals, any matter likely to lead to hysteria, nightmares or other undesirable emotional disturbances in children and the use of crude slang. More detailed rules relating to some of these matters are set out in subsequent chapters of the Code.

4. The licensee must be particularly sensitive to the likelihood that programmes which start before 8:30p.m. but which run beyond that time will continue to be viewed by a family audience.

5. No programmes classified as Parental Guidance Recommended (“PG”) or Mature (“M”) should be included within family viewing hours. More detailed guidance on programme classification is given in Chapter 8 Information for Viewers.

Scheduling Outside the Family Viewing Hours

6. The licensee must not show material unsuitable for children or young viewers at times when programmes targeting children or young viewers are normally included or under circumstances such that large numbers of children and young viewers might be expected to be watching television, particularly during school holidays.

7. Programmes classified as “M” should only be shown between 11:30p.m. and 6:00a.m. More detailed guidance on programme classification is given in Chapter 8 Information for Viewers.

DOMESTIC PAY TELEVISION PROGRAMME SERVICES AND OTHER LICENSABLE TELEVISION PROGRAMME SERVICES

8. The licensees should ensure that the programmes on their licensed services are suitable for their likely audience. Nothing which is unsuitable for children or young viewers should be shown in programmes or on channels targeting children or young viewers. Programme material which is suitable for viewing by adults only should be clearly labelled as such.

NON-DOMESTIC TELEVISION PROGRAMME SERVICES

9. There is no specific rule on the scheduling of programmes for non-domestic television programme services as they may be delivered to many different societies and across different time zones. However, programme material which is suitable for viewing by adults only should be clearly labelled as such. In addition, it should not be scheduled in any part of the television programme service which has no access restriction.

GENERAL PRINCIPLES FOR ALL CATEGORIES OF SERVICES

1. Licensees should ensure that their programmes are handled in a responsible manner and should avoid needlessly offending audiences by what they broadcast.

2. In the presentation of television programmes, certain basic standards must always be observed. A licensee should not include in its programmes

(a) any material which is indecent, obscene, or of bad taste which is not ordinarily acceptable to the viewers taking into consideration the circumstances in which the programme is shown; (b) any material which is likely to encourage hatred against or fear of, and/or considered to be denigrating or insulting to any person(s) or group(s) on the basis of ethnicity, nationality, race, gender, sexual preference, religion, age, social status, or physical or mental disability; or (c) anything which is in contravention of the law.

SPECIFIC APPLICATIONS FOR DIFFERENT CATEGORIES OF SERVICES

DOMESTIC FREE TELEVISION PROGRAMME SERVICES

Decency and Decorum in Production

3. To preserve decency and decorum in production so as to avoid embarrassment or offence to viewers at home, the presentation of all performers must be within the bounds of propriety. Special care must be taken as regards costuming, movements of dancers and artists, and selection of camera angles.

Human Relationships

4. The portrayal of family and similarly important human relationships and the presentation of any material with sexual connotations should be treated with sensitivity and not in an exploitative or irresponsible manner.

Crime

5. Criminal activities, when depicted, must be consistent with and reasonably related to plot and character development. Crime should not be portrayed in a favourable light and criminal activities should not be presented as acceptable behaviour, nor should criminals be glorified. Glamorization of the lifestyles of criminals should be avoided. The presentation of criminal techniques, or police techniques of crime prevention and detection, in such a way as to be instructional or invite imitation should also be avoided. Scenes containing detailed instructions for, or illustrations of, the use of illegal drugs, harmful devices or weapons are not permitted. The depiction of triad groups and activities is further subject to the following rules:

(a) Scenes showing triad ceremonies, rituals, hand signs and paraphernalia, including cryptic poems and icons, should be avoided. (b) Triad expressions not generally accepted in, or in the process of being absorbed into, daily language should be avoided. (c) Glorification of the power of the triads and membership in a triad society should be avoided.

(For details on the standards for programmes classified as “PG” or “M”, please see Chapter 8 Information for Viewers).

Alcoholic Drinks, Tobacco and Drugs

6. The use of alcoholic drinks, tobacco and drugs should be avoided except when it is necessary for the development of the plot or characterisation. In addition, particular care is needed with programmes likely to be watched by children and young viewers. Programmes made specially for children should not feature any alcoholic drinks, tobacco and drugs unless an educational point is being made, or unless in very exceptional cases, the dramatic context makes it absolutely necessary.

7. The portrayal of, and reference to, drunkenness and addiction to drugs or narcotics should be limited to the needs of the plot and characterisation, and not presented as desirable. (For details on the standards for programmes classified as “PG” or “M”, please see Chapter 8 Information for Viewers).

Gambling

8. The use of gambling devices or scenes relevant to the development of the plot or as an appropriate background is acceptable. It should be presented with discretion, moderation and in a manner which does not encourage or offer instructions in gambling.

Religion

9. Attacks on any established religious faiths or beliefs should not be permitted.

10. Any programme which includes a portrayal of religious rites should ensure the accurate presentation of such rites and the correct treatment of religious dignitaries and officers in their various callings.

Superstition

11. The promotion of belief in harmful superstition and supernatural beliefs should not be permitted. Programmes based on or pertaining to fortune-telling, fung-shui, occultism, astrology, phrenology, palm-reading, numerology, mind- reading, character-reading, spiritualism and the like should not encourage people to regard such activities as providing commonly accepted appraisals of life or give the impression that these are exact sciences. Care should be taken to avoid creating undesirable emotional disturbances such as undue fear and anxiety, particularly in children and young viewers. (For details on the standards for programmes classified as “PG”, please see Chapter 8 Information for Viewers).

Hypnotism

12. Demonstrations of hypnotism should be done with care to avoid any possible adverse impact on the audience or viewers. Hypnotists should not be shown performing straight to camera.

DOMESTIC PAY TELEVISION PROGRAMME SERVICES

Crime

13. Unless otherwise stated below, the depiction of criminal activities should comply with the rules set out in paragraph 5 above. The depiction of triad groups and activities is further subject to the following rules:

(a) Scenes showing triad ceremonies, rituals, hand signs and paraphernalia including cryptic poems and icons may only be permitted in programmes restricted for adult viewing. (b) Triad expressions not generally accepted in, or in the process of being absorbed into daily language may only be permitted in programmes restricted for adult viewing. (c) Glorification of the power of triads and membership in a triad society should be avoided.

Alcoholic Drinks, Tobacco and Drugs

14. The presentation as desirable of the misuse of alcoholic drinks, tobacco and drugs should be avoided. Detailed instruction in the use of illegal drugs is not permitted.

Gambling

15. Depictions of gambling should not be presented in a manner that would encourage gambling.

Hypnotism

16. The licensee must comply with the rules set out in paragraph 12 above.

17. The licensee may include adult material in its licensed service subject to sufficient safeguards against children’s access to such material. The licensee must devise a scheme to the satisfaction of the BA to ensure that children will not be exposed to adult material. No obscene material may be included in the television programme service. Obscenity includes also violence, depravity and repulsiveness.

Films Classified as Category III by the Film Censorship Authority

18. Where a Film Censorship Authority certification exists for the version of a film proposed for showing on programme services, it may be used as a guide to programming. The responsibility for ensuring the acceptability of a film ultimately rests, however, with the licensee. Subject to the rules set out in this section and elsewhere in the Code, the licensee may show films which have been classified as Category III by the Film Censorship Authority under the Film Censorship Ordinance (Cap. 392) in the form as approved for exhibition as adult programmes. However, films which the Film Censorship Authority has refused to approve for exhibition should not be shown on programme services at all.

NON-DOMESTIC TELEVISION PROGRAMME SERVICES

General

Crime

19. Criminal activities, when depicted, must be consistent with and reasonably related to plot and character development. Crime should not be portrayed in a favourable light and criminal activities should not be presented as acceptable behaviour.

Sensitivities of Intended Recipient Countries

20. The licensee should have respect for the cultural, religious and racial sensitivities of the intended recipient countries and places.

Subscription Services in Hong Kong

Adult Programmes

21. The licensee must comply with the rules set out in paragraph 17 above.

OTHER LICENSABLE TELEVISION PROGRAMME SERVICES

Services Intended for Members of the General Public in HK

22. The licensee must comply with the rules set out in paragraphs 13 to 18 above.

Services Intended for Hotel Guests and Other Special Interest Groups

Crime

23. The licensee must comply with the rules set out in paragraph 19 above.

GENERAL PRINCIPLES FOR ALL CATEGORIES OF SERVICES

1. There is no absolute ban on the use of bad language. Many viewers are however offended by such language on television. While there are circumstances in which bad language may be used to reflect certain types of characters in a programme, licensees must ensure that such use is defensible in terms of the context. They must take care to avoid the gratuitous use of language that is likely to be offensive.

2. Bad language should not be used in programmes targeting children. (For details on the standards for programmes targeting children, please see Chapter 7 Protection of Children).

SPECIFIC APPLICATIONS FOR DIFFERENT CATEGORIES OF SERVICES

DOMESTIC FREE TELEVISION PROGRAMME SERVICES

3. For domestic free television programme services, bad language should not be used in programmes likely to be watched by a large number of children and young viewers.

4. Some expressions which were considered unacceptable in the past have been absorbed into our daily language. There is no objection to their use on television, but the licensee should ensure that such expressions are employed with discretion.

5. Expressions not so widely accepted, which may still be considered offensive by the average viewers, should not be used within the family viewing hours. At other times they may be presented with discretion and in moderation. Crude expressions with sexual connotations, more explicit adult jokes and other offensive language may only be used infrequently after 11:30p.m. where they are defensible in terms of context. (For details on the standards for programmes classified as “PG” or “M”, please see Chapter 8 Information for Viewers. For standards on triad expressions, please see paragraph 5(b) of Chapter 3 General Programme Standards).

6. Downright offensive expressions and obscene or profane language are prohibited.

DOMESTIC PAY TELEVISION PROGRAMME SERVICES

7. For domestic pay television programme services, bad language should not be used in programmes or on channels targeting children or young viewers. In other programmes or on other channels, the use of crude expressions with sexual connotations, more explicit adult jokes and other offensive language must be appropriate to the story line or programme context. The use of downright offensive language may only be permitted in programmes or on channels restricted for adults provided it is appropriate to the story line or programme context and not overly frequent and impactful. (For standards on triad expressions, please see paragraph 13(b) of Chapter 3 General Programme Standards.)

8. Obscene or profane language that is likely to offend a substantial portion of the audience is prohibited.

NON-DOMESTIC TELEVISON PROGRAMME SERVICES

General

9. For non-domestic television programme services, the licensee should be sensitive to language which has religious, cultural and racial connotations for the audience of the intended recipient countries and places.

Subscription Services in Hong Kong

10. The use of downright offensive language may only be permitted in programmes or on channels restricted for adults provided it is appropriate to the story line or programme context and not overly frequent and impactful. Nevertheless, obscene or profane language that is likely to offend a substantial portion of the audience is prohibited.

Services Intended for Members of the General Public in HK

11. The licensee must comply with the rules set out in paragraphs 7 to 8 above.

Services Intended for Hotel Guests and Other Special Interest Groups

12. The licensee must comply with the rules set out in paragraph 8 above.

GENERAL PRINCIPLES FOR ALL CATEGORIES OF SERVICES

1. Television programmes deal with a variety of sexual themes and portrayals. Some are capable, if wrongly treated, of giving offence, making public and explicit what many people regard as private and exclusive. It is, therefore, necessary for licensees to exercise due care in their treatment of sex and nudity so that they can avoid shocking or offending the viewing public. The need for sensitive scheduling and labelling over material of this kind should always be kept in mind. (For details on the standards for programmes targeting children, please see Chapter 7 Protection of Children).

2. The portrayal of sex and nudity on television needs to be defensible in context and presented with tact and discretion. Explicit or gratuitous depiction of sexual violence is prohibited.

3. Explicit depiction of sexual behaviour involving a child who is, or who is apparently, under the age of 16 years should not be permitted. A sexual relationship involving a child can be a proper theme for a television programme; it is the treatment of the theme which may make it improper. The treatment should never suggest that such behaviour is legal or acceptable.

4. Care must be taken with the treatment of incest and child abuse in television programmes. These subjects must be treated with sensitivity and not in an exploitative or irresponsible manner. Programmes containing material of this kind require sensitive scheduling and clear labelling of their contents. Depiction of exploitative incestuous behaviour is prohibited.

SPECIFIC APPLICATIONS FOR DIFFERENT CATEGORIES OF SERVICES

DOMESTIC FREE TELEVISION PROGRAMME SERVICES

5. Within the family viewing hours, depictions of sexual behaviour or nudity must be incidental, extremely discreet and absolutely necessary to the story line or programme context. At other times such depictions must be discreet and appropriate to the story line or programme context. Depictions of intimate sexual behaviour may be permitted after 11:30p.m. only where they are discreetly implied or simulated and must not be grossly offensive taking into consideration the likely composition of the audience for the time of day at which they are shown. (For details on the standards for programmes classified as “PG” or “M”, please see Chapter 8 Information for Viewers).

6. Of the greatest concern are scenes of non-consensual sexual behaviour. When a scene involves rape or indecent assault, strong consideration must be given to minimizing the depiction of the details of the crime. Non- consenting sexual relations should not be presented as desirable. Rape should be portrayed as an act of violence subject to the stringent rules on violence in this code, not a sexual act. (For details on the standards for programmes classified as “PG” or “M”, please see Chapter 8 Information for Viewers).

DOMESTIC PAY TELEVISION PROGRAMME SERVICES

7. For domestic pay television programme services, depictions of sexual behaviour or nudity must be incidental, extremely discreet and absolutely necessary to the story line or programme context when they are included in programmes or on channels targeting children or young viewers. Intimate sexual behaviour may be implied or simulated and must not be grossly offensive in other programmes or on other channels. Sexually explicit scenes may only be shown in programmes or on channels restricted for adults.

8. Depictions of hard core material, or sexual acts with offensive perversion, are not permitted.

NON-DOMESTIC TELEVISION PROGRAMME SERVICES

General

9. Non-domestic television programme services should have respect for the cultural, religious and racial sensitivities of the intended recipient countries and places.

10. These services may enjoy a more relaxed standard than a free-to-air television service in respect of the portrayal of sex and nudity subject to sufficient safeguards against children’s access to adult material. Sexually explicit scenes may be shown only in programmes or on channels restricted for adults. Depictions of hard core material, or sexual acts with offensive perversion, are not permitted.

OTHER LICENSABLE TELEVISION PROGRAMME SERVICES

Services Intended for Members of the General Public in HK

11. The licensee must comply with the rules set out in paragraphs 7 to 8 above.

Services Intended for Hotel Guests and Other Special Interest Groups

12. The licensee must comply with the rules set out in paragraph 8 above.

GENERAL PRINCIPLES FOR ALL CATEGORIES OF SERVICES

1. Real-life violence takes many forms: “physical” violence which is conflict in which blows are exchanged, weapons are used or injuries or pain are inflicted by whatever means; “mental” violence in the form of persecution, bullying, intimidation, humiliation, cruelty or verbal aggression.

2. The depiction of violence on television should be handled with extreme care by the licensee. The degree and type of violence and the detail which can be shown depend upon context and the service on which it is shown. (For details on the standards for programmes targeting children, please see Chapter 7 Protection of Children).

SPECIFIC APPLICATIONS FOR DIFFERENT CATEGORIES OF SERVICES

DOMESTIC FREE TELEVISION PROGRAMME SERVICES

3. All depictions of violence should be relevant and necessary to the development of character, or to the advancement of theme or plot. No violence for its own sake or purely for dramatic attraction is allowed. Gratuitous or excessive depictions of violence, sadistic or other perverted practices, gore, pain or physical suffering are not acceptable. Callousness or indifference to suffering experienced by victims of violence should be avoided.

4. Extreme caution must be exercised in any themes, plots or scenes which mix sex and violence, including rape and other sexual assaults. On the treatment of non-consensual sexual behaviour, see paragraph 6 in Chapter 5 Sex and Nudity.

5. The licensee should take great care in the depiction of violence against women, children or older people, particularly in an abusive context. Incitement to violence against specific groups identified by race, national or ethnic origin, colour, religion, gender, sexual orientation, age, mental or physical disabilities should not be permitted.

6. Suicide and suicidal attempts should be handled with discretion and care, particularly in the case of programmes appealing to children and popular drama serials. There should be no detailed demonstration of the means or method of suicide. Care also needs to be taken over the use of words to describe the event.

7. The use of animals in violent acts, consistent with plot and character delineation, should be in conformity with accepted standards of humane treatment. It may also be helpful to indicate that no harm was caused to the animals in an announcement given at the start of the programme.

8. In depicting violence in one form or another, the time of day at which it is shown and the likely presence of children in the audience must be taken into account. Physical and psychological violence, or violent or assaultive language which threatens or encourages the use of violence may not be presented in such a manner as to cause alarm or distress to children within the family viewing hours. At other times any portrayal of violence, whether physical, verbal or psychological, must not be too frequent or impactful and must be essential to the story line or programme context. Feature films and telemovies of a violent nature should not be scheduled before 9:30p.m. Violence may only be realistically depicted after 11:30p.m. if the scenes are justifiable in context and not overly frequent. Depictions, however, should not be unduly bloody, sadistic or horrific. (For details on the standards for programmes classified as “PG” or “M”, please see Chapter 8 Information for Viewers).

DOMESTIC PAY TELEVISION PROGRAMME SERVICES

9. The portrayal of sexual violence and the treatment of specific groups must conform with the rules set out in paragraphs 4 to 5 of this chapter.

10. For domestic pay television programme services, physical and psychological violence, or violent or assaultive language which threatens or encourages the use of violence may not be presented in such a manner as to cause alarm or distress to children or young viewers in programmes or on channels targeting children or young viewers. Realistic depictions of violence must be appropriate to the programme context when they are shown in other programmes or on other channels. In any programmes or on any channels restricted for adults, violence with a higher degree of realism or impact may be depicted when justified by the context.

11. Sustained or excessively detailed acts of violence are not permitted.

General

12. Non-domestic television programme services should have respect for the cultural, religious, and racial sensitivities of the intended recipient countries and places.

Subscription Services in Hong Kong

13. These services may enjoy a more relaxed standard than a free-to-air television service in respect of the portrayal of violence subject to sufficient safeguards against children’s access to adult material. Violence with a higher degree of realism or impact may be depicted when justified by the context in programmes or on channels restricted for adults. Nevertheless, sustained or excessively detailed acts of violence are not permitted.

OTHER LICENSABLE TELEVISION PROGRAMME SERVICES

Services Intended for Members of the General Public in HK

14. The licensee must comply with the rules set out in paragraphs 9 to11 above.

Services Intended for Hotel Guests and Other Special Interest Groups

15. The licensee must comply with the rules set out in paragraph 11 above.

GENERAL PRINCIPLES FOR ALL CATEGORIES OF SERVICES

1. The licensee should be vigilant on the likely effects of all material shown on television on children. Children cover a wide age range. It is, therefore, necessary for the licensee to exercise judgement on the capacity of children in different age groups in coping with the depiction and treatment of material which may not be suitable for them.

2. No advantage should be taken of children’s natural credulity and sense of loyalty and no false hopes should be raised. The licensee should ensure that scenes likely to frighten, unnerve or cause pain to children should not be permitted in programmes targeting children.

SPECIFIC APPLICATIONS FOR DIFFERENT CATEGORIES OF SERVICES

DOMESTIC FREE TELEVISION PROGRAMME SERVICES

3. For domestic free television programme services, the rules set out in paragraphs 4 to 10 below must be observed during family viewing hours or at times when there is a large audience of children or young viewers. In applying the rules, the BA will have regard to the spirit and letter of the standards on programme scheduling and take into account whether the licensee has made reasonable and conscious efforts to comply with the relevant rules.

4. Scenes in which pleasure is taken in the infliction of pain or humiliation upon others should be avoided.

5. Scenes in which the infliction or acceptance of pain or humiliation is associated with sexual pleasure should be eliminated.

6. The portrayal of dangerous behaviour easily imitated by children should be avoided. This applies especially to the use in a manner likely to cause serious injury, of knives and other offensive weapons, articles or substances which are readily accessible to children.

7. Ingenious and unfamiliar methods of inflicting pain or injury, which are capable of easy imitation, should be avoided. These include, for example, rabbit punches, suffocation, sabotage of vehicles and booby traps.

8. Smoking or drinking of alcoholic beverages by minors should not be presented in a favourable light.

9. References to the consumption of illegal drugs should only be made where absolutely justified by the story line or programme context.

10. Care must be taken in the treatment of themes dealing with gambling, prostitution, crime, or social or domestic conflict.

11. The following rules should apply to children’s programmes:-

(a) Disrespect for law and order, adult authority, good morals and clean living should be strictly avoided. (b) Children’s programmes should be wholesome and in general designed to impart a broader knowledge of the world around them, to encourage the habit of acquiring knowledge, to stimulate active interest in sports and hobbies and to promote appreciation of spiritual and moral values.

12. There should be a balanced mix of programmes to cater for the needs of children of different age groups, and a balanced mix of different types of programmes, such as drama, comedy, sports, current affairs and cartoons, on each language service. Whilst it may not always be possible to ensure that a balanced mix is attained on a daily basis, the children’s programmes over a period of time, say one week, should in the aggregate offer a balanced mix of different types of programmes for different age groups of children.

13. The BA requires that a children’s programme shall not be shown more than twice within any period of 24 months, subject to the proviso that the BA may specify a different frequency of repeats in respect of any specific children’s programme. For the purpose of the above, repeating the same children’s programme during a different session/time slot once on the following day or the following weekend for the benefit of children attending bi-sessional schools should not be regarded as a repeat. In any event a repeat programme should be so identified in advance either on air or in the published programme schedule.

14. For domestic pay television programme services, the licensee needs to ensure that the rules mentioned in paragraphs 4 to 11 above are strictly observed in programmes or on channels targeting children. On the safeguards against children’s access to adult material, see paragraph 17 in Chapter 3 General Programme Standards.

NON-DOMESTIC TELEVISION PROGRAMME SERVICES

General

15. For non-domestic television programme services, the licensee should have respect for the cultural, religious and racial sensitivities of the intended recipient countries or places.

Subscription Services in Hong Kong

16. On the safeguards against children’s access to adult material, please see paragraph 21 in Chapter 3 General Programme Standards.

OTHER LICENSABLE TELEVISION PROGRAMME SERVICES

17. The licensee must comply with the rules set out in paragraphs 4 to 11 above in programmes or on channels targeting children.

GENERAL PRINCIPLES FOR ALL CATEGORIES OF SERVICES

1. Licensees have a clear duty to provide sufficient and reliable information about the nature and content of the programmes to enable viewers to make an informed choice about viewing for themselves and their children.

2. Licensees should consider, where appropriate, the use of clear and unambiguous warnings or labelling where there is a significant risk that viewers, particularly children, may otherwise be unprepared for material that may shock or offend them. This does not diminish the licensee’s responsibility for sensitive scheduling of programmes to reduce the risk of causing offence to the minimum.

SPECIFIC APPLICATIONS FOR DIFFERENT CATEGORIES OF SERVICES

DOMESTIC FREE TELEVISION PROGRAMME SERVICES

Programme Classification

3. Programmes which are not generally suitable for viewing by children must be classified, according to the standards on programme classification specified in the following paragraphs, into Parental Guidance Recommended (“PG” [家長指引]) and Mature (“M” [成年觀眾]) categories. These rules are, by nature, not exhaustive, and the licensee should exercise due care, sensitivity and common sense in the actual process of classification, giving particular consideration to the merit of the production, context, relevancy, and purpose of a sequence and its treatment as well as the scheduling of the programme and the likely composition of the audience.

The Parental Guidance Recommended (“PG”[家長指引] ) Classification

4. Programmes classified “PG” may contain adult themes or concepts but must remain suitable for children to watch under the guidance of a parent or guardian. The standards to be adopted in a “PG” programme are as follows:

(a) Violence No overly realistic, bloody or horrific depictions of violence are permitted. Any violence depicted must not be too frequent or impactful and must be essential to the story line or programme context.

(b) Language The use of language likely to cause offence to an average viewer, including bad language, must be defensible in terms of context and authenticity and in any case, excessive use should be avoided.

(c) Sex and nudity The portrayal of sexual behaviour and nudity should be discreet and defensible in context. Nature films, programmes with a serious educational purpose, or where representation is non-graphic with appropriate depiction of such matter may be allowed if the overall effect is not likely to offend their targeted audiences. Mild forms of sexual innuendo and ambiguous (or suggestive) gesture and behaviour may be allowed in certain contexts (such as light entertainment and comedy) if they are considered not likely to offend contemporary standards.

(d) Sexual violence Sexual violence should be suggested and allowed only when absolutely relevant to the story line or programme context. The licensee should also ensure that such scenes only appear sparingly over a reasonable period of time and their overall impact not likely to produce a feeling of revulsion in young viewers, even when they are accompanied by adults in watching the sequences.

(e) Suicide The depiction of suicide or attempted suicide must be inexplicit and discreet, and must not be presented as the means of achieving a desired result or as an appropriate response to stress, depression or other problems.

Users of this Guidelines acknowledge that: (1) this Quick Operation Guidelines is supplementary to the Station’s prevailing Rate Card and is intended for general guidance only; (2) HKCE accepts no responsibility for any losses whatsoever arising as a result of reliance upon this Guidelines; and (3) nothing contained herein may override the provisions or terms of the Laws of Hong Kong, the Generic Codes of Practice and the Station’s prevailing Rate Card. Page 87 of 101 (Updated as of October 2010) (f) Drugs and alcohol All portrayals of alcoholic consumption and/or use of legal or illegal drugs should be restricted to situations necessary to plot and/or character delineation. The use of illegal drug and/or the abuse of legal drugs or alcohol should not be depicted as desirable, beneficial or as an effective problem-solver. The adverse consequences of substance abuse (such as the dangers of driving while intoxicated) should be noted when it is practical for the licensee to do so.

(g) Dangerous behaviour The portrayal of dangerous behaviour easily imitated by children, including the use of offensive weapons or articles readily accessible, should be avoided. The portrayal of other dangerous acts not as easily imitated by young viewers where imitation is still considered probable should be accompanied by clear aural and visual warnings.

(h) Hanging scenes

Scenes depicting hanging or preparations for hanging of easy imitation should be discreet without dwelling on details.

(i) Bad taste and indecency Material within programmes should not appeal to prurient interest. The depiction or description of sexual or excretory organs or activities should be in a mild and inoffensive manner, subject to the condition that they only appear infrequently and when they do, justifiable in the context of the programme.

(j) Scenes of extreme suffering and distress Depiction of the effects of natural disaster, accident or human violence should not include gruesome details.

(k) Exorcism, psychic or occultic practice and depiction of the supernatural Exorcism, psychic or occultic practice and depiction of the supernatural should not be included in factual programming unless they are the subject of a legitimate investigation. Particular care should be taken not to induce fear and disturbances in children even when they are accompanied by adults in watching the programme. Fictional depiction of such phenomena should not be overly realistic so as to unsettle young minds. In certain cases, clear advance warnings should be provided.

(l) Triad expressions and ceremonies Only triad expressions already absorbed, or in the process of being absorbed, into common language may be used, sparingly, when justified by the context and authenticity. Stylised ceremonies reasonably far removed from reality may be depicted where the story line or programme context absolutely demands them. Detailed depiction/description or frequent revisits on such subjects are prohibited.

The Mature (“M” [成年觀眾] ) Classification

5. Programmes classified “M” are recommended for viewing by grown-up members of the family only. The standards to be adopted in a “M” programme are as follows:

(a) Violence May be realistically depicted only if it is contextually justifiable and not overly frequent. Depictions should not be unduly bloody, sadistic or horrific. Violence should not be presented as desirable in its own right. Violence occurring in a sexual context is to be assessed more stringently.

(b) Language Downright offensive expressions and obscene or profane language should not be used. The infrequent use of explicit adult jokes, expressions with explicit sexual connotations and other offensive language must be defensible in the programme context.

(c) Sex and nudity Intimate sexual behaviour may only be discreetly implied or simulated and must be relevant to the story line or programme context. It must not be grossly offensive taking into consideration the composition of the viewers for the time of day at which it is shown. The licensee should guard against material solely intended to satisfy prurient interests.

(d) Sexual violence There should not be explicit or gratuitous depiction of sexual violence. Realistic depiction of sexual violence must be essential to the story line or programme context.

(e) Drugs There should not be any detailed instruction in the use of illegal drugs. Illegal drugs must not be depicted favourably.

(f) Triad expressions and ceremonies Genuine triad expressions not readily recognisable in the common language should not be used. Overly realistic depiction of triad ceremonies should be avoided.

Display of Classification Symbols

6. Aural and visual advice on the classification of programmes should be given before the start of the programme. In addition, a classification symbol as approved by the BA signifying the classified category of the programme should be superimposed on the screen in the top left or right corner and is to remain visible for four seconds after the programme begins. It should be displayed immediately, or as soon as is practicable, when the programme recommences after each break.

7. The licensee should make reasonable efforts to carry the appropriate classification symbols in the promotional material for its classified programmes and to include advice or the classification symbols in the licensee’s programme guide, whether in printed or in electronic form, and the programme schedule it sends out for publication.

Programme Content Information

8. In addition to the programme classification advice, an aural and visual statement must be given at the start of the programme describing the principal elements which have contributed to the classification and indicating their intensity and/or frequency (e.g. “strong violence”, “frequent coarse language”, etc.). The information should be clearly worded so that viewers can make informed choices about what to watch and whether their children should be allowed to watch. The statement should be in a readily legible typeface and should remain visible for at least five seconds. The licensee should make reasonable efforts to include the information in the licensee’s programme guide, whether in printed or in electronic form, and the programme schedule it sends out for publication.

Programme Promotions

9. Programme promotions for “PG” or “M” programmes should not contain anything unsuitable for children when they appear in the family viewing hours and at other times when large numbers of children and young viewers might be expected to be watching television.

DOMESTIC PAY TELEVISION PROGRAMME SERVICES

Advisory Announcement

10. A programme or channel intended for viewing solely by adults should be clearly labelled as such. Where a channel is exclusively devoted to adult material and the character of the channel is clearly advertised as such, the channel is not subject to the requirement to label an individual programme.

11. Any programme containing material which is unsuitable for children or is likely to disturb some audience should carry an advisory or cautionary announcement together with a descriptive statement of problematic content. The announcement and descriptive statement should be shown at the start of or immediately before the programme. The wording of a descriptive statement should be clear, factual and contain the necessary information to alert viewers of material which may disturb or offend them.

11A. The licensee may be deemed to have complied with the requirement of paragraph 11 for channel(s) acquired for direct re-tranmission provided that the conditions listed below are satisfied:

(a) For a thematic channel with programmes that are similar in nature (e.g. music video, sports, fashion television and nature documentaries), but excluding drama and movie channels, the licensee should inform viewers of the nature of the channel by displaying an icon/labelling for the whole channel for at least four seconds. The icon/labelling employed should be one that is familiar to Hong Kong audience (e.g. “PG” for parenetal guidance recommended, “M” for mature audience).

(b) For a channel showing drama series and movies, labelling for individual drama and movie programme is required. The icon/labelling as mentioned in paragraph 11A(a) above should be displayed at the start of the movie or drama programme for at least four seconds.

11B. The licensee will be exempted from the requirement to provide a descriptive statement on the problematic content of a programme broadcast on a channel acquired for direct re-transmission provided that any advisory or cautionary announcement has been displayed in the form as described in paragraph 11A(a) or 11A(b) above.

12. The licensee should make reasonable efforts to carry the advisory or cautionary announcement in its on-air promotions and/or promotional programmes, and/or to include the information in its programme guide, whether in printed or in electronic form, and/or the programme schedule it sends out for publication.

Promotional Material for Adult Programmes or Channels

13. Promotional material for a programme or a channel showing material of an adult nature should be scheduled so as to be consistent with the nature of surrounding programmes, having regard to the likely audience of such programmes. Such promotional material should not be permitted on a channel targeting children and in or adjacent to a programme targeting children. Such promotional material included in or adjacent to a programme other than an adult programme should not include excerpts or other material that is not suitable for persons under 18 years of age.

NON-DOMESTIC TELEVISION PROGRAMME SERVICES

General

14. There is no additional provisions specific to this category of television programme services apart from the general principles in paragraphs 1 and 2.

Subscription Services in Hong Kong

15. The licensee must comply with paragraph 10 above.

OTHER LICENSABLE TELEVISION PROGRAMME SERVICES

Services Intended for Members of the General Public in HK

16. The licensee must comply with the rules set out in paragraphs 10 to 13 above.

Services Intended for Hotel Guests and Other Special Interest Groups

17. The licensee should ensure that any programme which may contain material unsuitable for children is preceded by a notice in the following form, or a notice to the like effect:

“WARNING : THIS PROGRAMME CONTAINS MATERIAL WHICH MAY BE UNSUITABLE FOR CHILDREN.”

GENERAL PRINCIPLE FOR ALL CATEGORIES OF SERVICES

1. News programmes should offer viewers an intelligent and informed account of issues that enables them to form their own views. The licensees should ensure that news is presented with accuracy and due impartiality. Impartiality does not require editorial staff to be unquestioning; nor is it necessary for all sides of an issue be devoted the same amount of time. But it requires reporting to be dispassionate and give viewers an even-handed account of events.

SPECIFIC APPLICATIONS FOR DIFFERENT CATEGORIES OF SERVICES

DOMESTIC FREE AND DOMESTIC PAY TELEVISION PROGRAMME SERVICES

Accuracy

1A. The licensees shall make reasonable efforts to ensure that the factual contents of news, current affairs programmes, financial programmes, personal view programmes, documentaries, programmes adopting an investigative style of reporting, children’s programmes with educational purpose, programmes dealing with medical and health issues, and contests are accurate.

Impartiality

General

2. The licensees must ensure that due impartiality is preserved as respects news programmes and any factual programmes or segments thereof dealing with matters of public policy or controversial issues of public importance in Hong Kong (except personal view programmes which are dealt with separately under paragraph 17 below). Factual programmes are non-fiction programmes which are based on material facts. They can take the form of news, current affairs programmes, personal view programmes, documentaries and programmes adopting an investigative style of reporting.

3. Due impartiality requires the licensees to deal even-handedly when opposing points of view are presented in a programme or programme segment. Balance should be sought through the presentation, as far as possible, of principal relevant viewpoints on matters of public importance. Programmes or programme segment under concern should not be slanted by the concealment of facts or by misleading emphasis.

4. In achieving due impartiality, the term “due” is to be interpreted as meaning adequate or appropriate to the nature of the subject and the type of programme or programme segment. Due impartiality does not mean that “balance” is required in the sense of equal time or an equal number of lines in the script being devoted to each view, nor does it require absolute neutrality on every controversial issue. Judgement will always be called for by the licensees.

5. A programme host should encourage the widest possible airing of views. He/She should also be alert to the danger of unsubstantiated allegations being made by participants in live programmes. Where necessary, the programme host should correct the factual errors to the best of his/her knowledge.

6. Although it is desirable, it is not always possible for principal opposing viewpoints to be reflected in a single programme or programme segment. Sometimes a series of programmes or programme segment may be considered as a whole. At other times, a narrower range of views may be appropriate within individual programmes or programme segments. This is an issue which calls for editorial judgement based on particular circumstances. In achieving impartiality over time, it is not always necessary to ensure that in a single programme all sides have an opportunity to speak.

News

7. Presentation of news should observe the following rules:

(a) Morbid, sensational, or alarming details not essential to factual reporting should be avoided. News should be presented in such a manner as to avoid unnecessary alarm. (b) Pictorial representation of news should be carefully selected to ensure fairness and should not be misleading or sensational. (c) Commentary and analysis should be clearly distinguished from news. (d) When the presence of television cameras provokes incidents that would not otherwise have occurred, news editors and producers should make every effort to eliminate “manufactured” incidents or to reveal them for what they are. (e) Correction of factual errors should be made as soon as practicable after the original error, or at the end of the current programme or the beginning of a subsequent programme. In some circumstances it may be appropriate for a statement to appear in print. (f) No bona fide news programmes comprising local or international news item may be sponsored. No advertising matter should be offered as news or included in the contents of a news programme or newsreel.

Potential Conflict of Interest of Programme Presenters

8. The licensee shall devise and institutionalise within three months from promulgation of the Code a mechanism whereby its presenters of news programmes and factual programmes dealing with matters of public policy or controversial issues of public importance in Hong Kong are required to disclose the existence of any commercial agreement, arrangement or understanding, whether committed to writing or not, that may call into question the fairness or impartiality of the programmes. The licensee must then exercise its editorial judgement and decide whether:

(a) the relevant programme presenter(s) should refrain from taking part in discussion of issues over which he/she may have conflict of interest; or (b) a disclosure announcement of the existence of a relevant commercial agreement should be made at the time of broadcast of the programme material.

The licensee shall receive and consider any complaint from any member of the public with respect to the potential conflict of interest of its programmes. The licensee shall inform the complainant and the BA of the findings of its investigation and make the findings available for public inspection free of charge by, for example, posting them on its website. Paragraph 8 does not apply to acquired programmes or channels which are not produced by the licensee.

General

9. The licensees have a responsibility to avoid unfairness to individuals or organisations featured in factual programmes, in particular through the use of inaccurate information or distortion. They should also avoid misleading the audience in a way which would be unfair to those featured in the programme.

Reporting of Court Cases

10. Programme items which are based on extracts of court proceedings or other matters of public record must be presented fairly and accurately. In particular the reporting of criminal cases for which proceedings have commenced must not be presented in such manner that would be likely to prejudice a fair trial, and the following should be avoided:

(a) any pre-judgement of the issues in the case, in particular of the guilt or innocence of the accused; (b) any discussion of the merits or facts of the case which may prejudice the relevant legal proceedings; (c) any comment relating to the character or conduct of the accused; and (d) any comment or report which tends to impair the impartiality of the court.

Dramatised “Reconstructions”

11. Dramatised “reconstructions” in factual programmes which seek to reconstruct actual events should be carefully labelled as such, so that the fictional elements are not misleadingly presented as fact.

Interviews

12. Where proposed interviewees are unable or unwilling to accept an invitation to participate in a factual programme, references to the missing participants should be made in a detached and factual manner. Care should be taken to ensure that their views are not misrepresented.

13. Editing to shorten recorded interviews must not distort or misrepresent the known views of the interviewees.

14. Licensees should not misrepresent the views of interviewees by broadcasting a previously recorded interview and presenting it as the interviewees’ current views. Viewers should be informed of the date the interviews were conducted where necessary.

Right of Reply

15. Licensees should take special care when their programmes are capable of adversely affecting the reputation of individuals, companies or other organizations. Licensees should take all reasonable care to satisfy themselves that all material facts are so far as possible fairly and accurately presented.

16. Where a factual programme reveals evidence of iniquity or incompetence, or contains a damaging critique of an individual or organization, those criticized should be given an appropriate and timely opportunity to respond.

17. “Personal view programmes” are programmes in which the programme hosts and, sometimes, individual contributors put forward their own views. The following rules apply to all personal view programmes on matters of public policy or controversial issues of public importance in Hong Kong:

(a) The nature of a personal view programme must be identified clearly at the start of the programme, for example, by an announcement in the following terms, “This programme only reflects the personal views of the programme host(s) and/or the individual contributor(s).” (b) Facts must be respected and the opinion expressed, however partial, should not rest upon false evidence. (c) A suitable opportunity for response to the programme should be provided. (d) Licensees should be mindful of the need for a sufficiently broad range of views to be expressed in any series of personal view programmes.

NON-DOMESTIC TELEVISION PROGRAMME SERVICES

18. There is no additional provisions specific to this category of television programme services apart from the general principles in paragraph 1.

OTHER LICENSABLE TELEVISION PROGRAMME SERVICES

Services Intended for Members of the General Public in HK

19. The licensee must comply with the rules set out in paragraphs 2 to 17 above.

Services Intended for Hotel Guests and Other Special Interest Groups

20. There is no additional provisions specific to this category of television programme services apart from the general principles in paragraph 1.

DOMESTIC FREE AND DOMESTIC PAY TELEVISION PROGRAMME SERVICES

General

1. The rights of individuals to privacy should be respected in all programmes. Complaints about programme invasion of privacy can arise from the gathering of material or from the way an individual is treated in the programme itself. In obtaining material for a programme, the licensees must ensure that the provisions of the Personal Data (Privacy) Ordinance (Cap. 486) are observed. The licensees shall only collect material for broadcast purpose by means which are lawful and fair in the circumstances of the case.

Scenes of Extreme Suffering and Distress

2. Licensees should be sensitive to the possibility of causing additional anxiety or distress when interviewing, filming or recording people who are already extremely upset or under stress. People in a state of distress should not be put under pressure to provide interviews. Normally funerals may only be covered with the permission of the family.

Interviewing of Children

3. Children should not be questioned to elicit views on private family matters, nor asked for expressions of opinion on matters likely to be beyond their judgement.

Reporting of Sexual Offences Against Children

4. Reporting of sexual offences against children should avoid identification of the child.

NON-DOMESTIC TELEVISION PROGRAMME SERVICES

5. This chapter does not apply to this category of television programme service.

OTHER LICENSABLE TELEVISION PROGRAMME SERVICES

6. The licensee must comply with the rules set out in paragraphs 1 to 4 above.

DOMESTIC FREE AND DOMESTIC PAY TELEVISION PROGRAMME SERVICES

Separation of Programme and Advertising Material

1. Indirect advertising in television programmes refers to the mingling of programme and advertising material or the embedding of advertising material within programme content, whether inadvertently or by design. As a matter of principle, advertisements should be recognizably separate from the programmes. The underlying rationale for the prohibition of indirect advertising is that viewers should not be confused as to whether they are watching a programme or a paid advertisement. Advertising material must be clearly identified as such so that viewers could attach appropriate weight to such material according to their own assessment.

2. As a general rule, the placement of advertising material should be confined to paid-for advertising time. Exceptions may be made in the following circumstances:

(a) it may be necessary in a news or factual programme to include a reference to or extract from a particular advertisement. This should give it no greater prominence than is necessary to make the required point; or (b) a television programme may refer to or use extracts from advertisements provided that the choice and range of advertisements are subject only to the editorial requirements of the programme. In particular, they may in no circumstances be influenced by advertising considerations.

Undue Prominence

3. No undue prominence may be given in any programme to a product, service, trademark, brand name or logo of a commercial nature or a person identified with the above so that the effect of such reference amounts to advertising. Such references must be limited to what can clearly be justified by the editorial requirements of the programme itself, or of an incidental nature. For the avoidance of doubt, product/service sponsorship as permitted under paragraph 10 of Chapter 9 Programme Sponsorship of the Generic Code of Practice on Television Advertising Standards will be subject to the rules stipulated therein.

References to Commercial Names in Sports Programmes

4. References to commercial names in sports programmes are acceptable and not considered as giving undue prominence to those commercial names provided that the following conditions are satisfied:

(a) the references are: (i) for acknowledgment of the actual technical service providers of timing or other specialised data directly relating to the sports event being covered; or (ii) justified by the editorial needs of the programme itself; or (iii) built into a live sports programme acquired by a licensee; or (iv) built into a satellite feed sports programme delivered by a licensee;

(b) the licensee does not receive payment or other valuable consideration for including the references in a programme or where the licensee does receive payment or other valuable consideration, the sponsorship rules in Chapter 9 of the Generic Code of Practice on Television Advertising Standards will apply;

(d) the references are not related to a product or service not acceptable for advertising under the codes of practice, licence conditions or laws of Hong Kong.

NON-DOMESTIC TELEVISION PROGRAMME SERVICES

5. This chapter does not apply to this category of television programme service.

Services Intended for Members of the General Public in HK

6. The licensee must comply with the rules set out in paragraphs 1 to 4 above.

Services Intended for Hotel Guests and Other Special Interest Groups

7. Advertising material should be clearly identifiable as an advertisement.

DOMESTIC FREE AND DOMESTIC PAY TELEVISION PROGRAMME SERVICES

Contests

1. No fee is payable either in money or money’s worth for participation in any contests. Subject to prior approval from the BA, a licensee may deviate from this requirement in respect of a contest for charitable purposes.

2. Any contest included in a programme or in an advertisement must offer an opportunity for all contestants to win on the basis of skill or knowledge and not purely by chance.

3. All rules and conditions of contests, including commencing and closing dates, should be clearly and fully announced at the beginning of the contest, and thereafter adequately summarized on each occasion. The names of winners should be released as soon as possible after the close of the contest. The conditions of all contests must meet the requirements of the laws of Hong Kong.

4. Where a contest is included in a programme which is recorded in advance of the date on which it is shown, the closing date for the contest must be fixed so as to provide a reasonable opportunity for any person viewing the programme to send in an entry before that date. In the case of a continuing contest which closes immediately on receipt of a correct answer, the licensee must ensure the immediate notification of the fact to avoid any waste of time and money by viewers in the submission of entries which no longer have any chance of winning.

5. Where a contest is included in a programme, references to prizes must not be made in such a way as to amount to advertising. Aural or visual references to prizes or acknowledgment of the source of prizes are allowed in contests provided that they are not excessive. However, there must be no promotional reference to any product or service.

6. The presentation of tobacco products as prizes or gifts for contests is not permitted. The presentation of alcoholic liquor as prizes or gifts in isolation for contests is not permitted.

Simulated News Programmes

7. There should not be any simulation of news programmes which may alarm or mislead viewers either in programmes or in programme promotional material.

Programme Sponsorship

8. The licensee must comply with the standards on programme sponsorship as set out in the Generic Code of Practice on Television Advertising Standards.

Elections

9. Licensees should observe all the regulations and guidelines in connection with elections issued by the Electoral Affairs Commission.

Starting Times and Under-runs

10. Deleted.

Programme Changes

11. Where programmes are not shown in accordance with publicly announced or published programme schedules, the licensee should take reasonable steps to inform viewers of such changes. These steps may include making on- screen announcements at the beginning of the scheduled time of the programmes affected and at other appropriate times when the intended audience of the programme might be watching television. This rule does not apply to video-on- demand programme services and channels acquired for direct re-transmission where in the opinion of the BA the licensee has no control over the scheduling of programmes.

11A. Notwithstanding the rule in paragraph 1 of Chapter 8 of the Generic Code of Practice on Television Advertising Standards (i.e. restriction on the placing of advertising or non-programme material in a programme), announcement of programme changes, regardless whether or not such changes have been publicly announced or published, within a programme in the form of superimposed text is allowed subject to the following rules: Users of this Guidelines acknowledge that: (1) this Quick Operation Guidelines is supplementary to the Station’s prevailing Rate Card and is intended for general guidance only; (2) HKCE accepts no responsibility for any losses whatsoever arising as a result of reliance upon this Guidelines; and (3) nothing contained herein may override the provisions or terms of the Laws of Hong Kong, the Generic Codes of Practice and the Station’s prevailing Rate Card. Page 98 of 101 (Updated as of October 2010)

(a) the form of presentation of such announcement should be in compliance with the rules set out in subparagraphs (a) to (d) paragraph 15A of this chapter;

(b) the information provided in the text is restricted to the title of the programme(s) being affected, reference to the change in broadcast date/time, its appropriate programme classification symbol, if any, and the broadcast channel;

(i) within programmes targeting children when it involves a programme(s) of higher programme classification; and

(ii) within the same programme segment or programme without any breaks where an in-programme promotion under paragraph 15A has been broadcast.

(d) such announcement in programme(s) or on channel(s) acquired for direct re-transmission may deviate from any of the rules set out in subparagraphs (a) to (c) above provided that the licensee shall take all reasonable steps to ensure as far as reasonably practicable that any deviation should be kept to the minimum necessary.

Programme Segment Duration

12. For dramas and feature films (Note 11) broadcast on domestic free television programme services, the minimum duration of each programme segment between breaks or between an interval and a break should not be less than 7 minutes. In the interest of better viewing and presentation, the licensee may deviate from this rule in respect of the following programmes:

(a) dramas and feature films produced by the licensee prior to December 1988; and (b) imported dramas and feature films with built-in breaks.

13. Deleted1

14. Notwithstanding paragraph 12, the BA may vary the above duration in the interest of better viewing and presentation.

Promotional Programmes

15. Deleted.

In-Programme Promotions for a Programme in the form of Superimposed Text

15A. A promotion for a programme in the form of superimposed text within programme segments (“in-programme promotion”) is subject to the following rules:

(a) the superimposition should be mute and should not obtrude on viewing pleasure and entertainment; (b) the superimposition should appear not more than once and not more than 10 seconds within each programme segment or a programme without breaks; (c) the text superimposed on screen should not be split up into different parts appearing at different times within the same programme segment or a programme without breaks ; (d) the text superimposed should be in a readily legible typeface. It should be superimposed on the top left or right corner of the television screen; (e) the information provided in the text is restricted to the title of the programme being promoted, its appropriate programme classification symbol, if any, broadcast date and time, and the broadcast channel. It should not include any advertising material or references to the sponsor(s)of the programme being promoted, save and except for the name(s) of the sponsor(s) and his house/trade/brand/product/service name which is/are incorporated into the programme title; (f) each in-programme promotion should be limited to promotion for one programme only; (g) the superimposition of in-programme promotion is not allowed in news programmes and programmes

1 (Note 1) For the purpose of paragraph 12, ‘dramas’ include drama series and serials, animated dramas, docudramas, plays, and telemovies; and ‘feature films’ include films produced for theatrical release or distribution purpose.

Users of this Guidelines acknowledge that: (1) this Quick Operation Guidelines is supplementary to the Station’s prevailing Rate Card and is intended for general guidance only; (2) HKCE accepts no responsibility for any losses whatsoever arising as a result of reliance upon this Guidelines; and (3) nothing contained herein may override the provisions or terms of the Laws of Hong Kong, the Generic Codes of Practice and the Station’s prevailing Rate Card. Page 99 of 101 (Updated as of October 2010) or channels targeting children; (h) the programme featured in the in-programme promotion must not be of a higher programme classification than the programme under broadcast. For example, in the context of domestic free television programme service, the broadcast of in-programme promotion for a “PG” programme or a programme classified as not suitable for children in a programme for general viewing, or the in- programme promotion for an “M” programme or “adult only” programme in a “PG” programme (or a programme with similar classification) is not allowed; and (i) in-programme promotions in programme(s)or on channel(s) acquired for direct re-transmission may deviate from any of the rules set out in subparagraphs (a) to (h) above provided that the licensee shall take all reasonable steps to ensure as far as reasonably practicable that any deviation should be kept to the minimum necessary..

NON-DOMESTIC TELEVISION PROGRAMME SERVICES

Contests

16. When contest is organised in connection with its television programmes or formed part of its television programmes, the licensee should observe the laws and programme standards of the relevant authorities of the intended recipient countries and places.

Programme Sponsorship

17. The licensee must also comply with paragraph 8 above.

OTHER LICENSABLE TELEVISION PROGRAMME SERVICES

Services Intended for Members of the General Public in HK

18. The licensee must comply with the rules set out in paragraphs 1 to 11A above.

Services Intended for Hotel Guests and Other Special Interest Groups

19. The licensee must comply with paragraphs 1 to 9 above.

Annex

DEFINITIONS OF PROGRAMME TYPES

For the purpose of the domestic free television programme service licence, the various programme types the licensee is required to broadcast are defined as follows:

Arts and Culture Programmes

‘Arts and culture programmes’ means programmes which promote the development or appreciation of − (a) the literary, performing or visual arts; or (b) other topics or activities of cultural value.

Children’s Programmes

‘Children’s programmes’ means programmes which − (a) are designed specifically for children of different age groups up to the age of 15; (b) fulfill the special needs of children; (c) can be easily understood or appreciated by children; and (d) contribute to the social, emotional, or intellectual, or physical development of children.

Current Affairs Programmes

Current affairs programmes’ means programmes, or segments of programmes, focusing on social, economic or political issues relevant to Hong Kong, and with detailed analysis or discussion of news stories that have recently occurred or are ongoing at the time of broadcast.

Documentary Programmes

‘Documentary programmes’ means programmes presenting actuality – political, social or historical events or circumstances in a factual and informative manner, often consisting of actual news films and/or dramatic reconstruction accompanied by narration but does not include travelogues and current affairs programmes.

Programmes for Senior Citizens

‘Programmes for senior citizens’ means programmes which aim at catering for the health, special informational or recreational needs of people over 60.

Programmes for Young Persons

‘Programmes for young persons’ means programmes which offer assistance to young people aged 16 to 24 − (a) to develop their capabilities, potentials or a proper sense of social values; (b) to achieve the highest attainable standards of physical or mental health; (c) to access information or guidance on services for youth, including family, health, welfare education, employment, sports or recreation services; (d) to promote their knowledge of and respect for different cultures, human rights or the rule of law; (e) to promote their love and respect for life, arts, science, nature or reason; (f) to promote their concern for protection of the environment; or (g) to encourage their participation in community affairs.