The High Court has ruled that the Executive Council’s refusal to grant Hong Kong Television Network (HKTV) a free-to-air broadcasting licence was “unlawful”, and ordered the decision to be reconsidered.
The ruling came on Friday after the judicial review was filed by HKTV when their bid for a free-to-air broadcasting licence was rejected in October 2013. The other bidders, I-Cable’s Fantastic TV and PCCW’s Hong Kong Television Entertainment, were successful.
The court agreed with HKTV’s argument that the government’s limitation on the number of licensees is unlawful. It, however, rejected the claim that the actions denied freedom of expression.
The judge said the broadcast law is aimed at creating a free television market and encouraging competition, yet Chief Executive CY Leung took a “gradual and orderly” approach instead.
Au also said the Executive Council’s ranking of the applications during the process was a departure from the policy of opening the free-to-air television market. Instead, the applicants should have been evaluated individually, he said, adding that technical constraints should be the only factor in rejecting an application.
HKTV Chairman Ricky Wong, welcomed the ruling.
“We popped three bottles of champagne in the office after hearing the result”, he said, according to RTHK. He added that the network would strive to accomplish its only mission: to bring free and quality entertainment to people in Hong Kong.
Wong insisted the people of Hong Kong would share the same happiness as his colleagues at the station, and said he sincerely hopes the Executive Council will reconsider and approve HKTV’s application as soon as possible.
