Articles: Broadcasting
Carrie Lam, Broadcaster-in-Chief
Contradicting a 2018 statement to LegCo, the HK Govt is now in the TV distribution business, removing competition and exclusivity by buying the Tokyo Olympics with your tax dollars and sublicensing them for free, risking a thinning-out of coverage. What next? (11-May-2021)
Contradicting a 2018 statement to LegCo, the HK Govt is now in the TV distribution business, removing competition and exclusivity by buying the Tokyo Olympics with your tax dollars and sublicensing them for free, risking a thinning-out of coverage. What next? (11-May-2021)
Decision on shareholdings of TVB (0511)
HK Communications Authority, 27-Sep-2019
In amazing legal contortions, the CA revokes its 2015 and 2016 approvals but issues new approvals based on new, unpublished "deeds of undertaking" and "statutory declarations" that although Dr Chan does not control the majority of the board of YHL, there is an "understanding and practice… that he would lead the YHL Board in relation to how votes in TVB were to be exercised". Therefore, mainland firm CMC and Mr Li Ruigang are not voting controllers of TVB, despite various rights in a "Relationship Agreement" that was not disclosed earlier. The decision follows a referral by the SFC.
HK Communications Authority, 27-Sep-2019
In amazing legal contortions, the CA revokes its 2015 and 2016 approvals but issues new approvals based on new, unpublished "deeds of undertaking" and "statutory declarations" that although Dr Chan does not control the majority of the board of YHL, there is an "understanding and practice… that he would lead the YHL Board in relation to how votes in TVB were to be exercised". Therefore, mainland firm CMC and Mr Li Ruigang are not voting controllers of TVB, despite various rights in a "Relationship Agreement" that was not disclosed earlier. The decision follows a referral by the SFC.
TVB (0511) v Takeovers and Mergers Panel
HK Court of First Instance, 4-Oct-2017
Note: the word "waiver" is misspelt "wavier" 3 times in this judgment.
HK Court of First Instance, 4-Oct-2017
Note: the word "waiver" is misspelt "wavier" 3 times in this judgment.
Takeovers Panel’s ruling on TVB (0511) whitewash waiver and disclosure of shareholding structure
SFC, 10-May-2017
SFC, 10-May-2017
Secretary for Justice v Hong Kong Cable Television Ltd
HK Court of Appeal, 25-May-2016
The Government's appeal succeeds, as the whole of HKCTV's service did not fall within the Internet Exception.
HK Court of Appeal, 25-May-2016
The Government's appeal succeeds, as the whole of HKCTV's service did not fall within the Internet Exception.
HKTVN (1137) v Chief Executive in Council
HK Court of Appeal, 6-Apr-2016
The Court of Appeal overturns the First Instance ruling and holds that "no artificial limits" on the number of TV licences does not preclude the CE from adopting a limit in a "gradual and orderly" approach to avoid "over-competition, vicious competition or industry fallout". In our view, the court is wrong. When a Government decides a limit, that's artificial. When the market finds a limit through competition, and when some players succeed and others fail, that's natural. Whatever next - a limit on the number of newspapers to prevent "over-competition"? Ironically, ATV failed anyway, despite Government efforts to protect it from "industry fallout".
HK Court of Appeal, 6-Apr-2016
The Court of Appeal overturns the First Instance ruling and holds that "no artificial limits" on the number of TV licences does not preclude the CE from adopting a limit in a "gradual and orderly" approach to avoid "over-competition, vicious competition or industry fallout". In our view, the court is wrong. When a Government decides a limit, that's artificial. When the market finds a limit through competition, and when some players succeed and others fail, that's natural. Whatever next - a limit on the number of newspapers to prevent "over-competition"? Ironically, ATV failed anyway, despite Government efforts to protect it from "industry fallout".
Secretary for Justice v Hong Kong Cable Television Ltd
HK Court of First Instance, 5-May-2015
The court holds that the Internet, for the purposes of distribution of cable TV, is a set of globally unique IP addresses. If non-unique addresses are used (presumably over a proprietary link to avoid IP conflict) then it is not Internet TV. HKCTV began using unique IP addresses to distribute its signal to buildings in Jul-2008, so it doesn't owe variable licence fees after that. HKCTV is owned by i-Cable (1097).
HK Court of First Instance, 5-May-2015
The court holds that the Internet, for the purposes of distribution of cable TV, is a set of globally unique IP addresses. If non-unique addresses are used (presumably over a proprietary link to avoid IP conflict) then it is not Internet TV. HKCTV began using unique IP addresses to distribute its signal to buildings in Jul-2008, so it doesn't owe variable licence fees after that. HKCTV is owned by i-Cable (1097).
HK Television Network Ltd v The Chief Executive in Council
HK Court of First Instance, 24-Apr-2015
A victory for common sense and free market competition. HKTV successfully challenges the Government's decision to reject its TV license application; the court holds that the "gradual and orderly approach" adopted by the CE contradicted the stated policy of having no cap on the number of licensees, and HKTV had a legitimate expectation that this policy would be followed. There is one error in para 25: A new CE was not elected in July 2012. That is when he took office.
HK Court of First Instance, 24-Apr-2015
A victory for common sense and free market competition. HKTV successfully challenges the Government's decision to reject its TV license application; the court holds that the "gradual and orderly approach" adopted by the CE contradicted the stated policy of having no cap on the number of licensees, and HKTV had a legitimate expectation that this policy would be followed. There is one error in para 25: A new CE was not elected in July 2012. That is when he took office.
LegCo Question: why are those TV licenses taking so long?
HK Government, 7-Nov-2012
"The CE in Council is now processing the recommendations in a prudent manner. The outcome will be announced as soon as possible after a decision is made by the CE in Council."
HK Government, 7-Nov-2012
"The CE in Council is now processing the recommendations in a prudent manner. The outcome will be announced as soon as possible after a decision is made by the CE in Council."
Legco Question: why are those TV licences taking so long?
HK Government, 17-Oct-2012
"The Administration is now processing the applications in a prudent manner and will announce the outcome as soon as possible after a decision is made by the CE in Council."
HK Government, 17-Oct-2012
"The Administration is now processing the applications in a prudent manner and will announce the outcome as soon as possible after a decision is made by the CE in Council."
TV licensing in HK: what a mess
HK Government, 11-Jan-2012
Unlike cellphone networks, TV stations don't have to bid for their radio spectrum, and can squat on it with only cursory reviews. The Chief Executive of HK decides who should be allowed to broadcast. Let the market decide instead.
HK Government, 11-Jan-2012
Unlike cellphone networks, TV stations don't have to bid for their radio spectrum, and can squat on it with only cursory reviews. The Chief Executive of HK decides who should be allowed to broadcast. Let the market decide instead.
Official: Richard Li doesn't control PCCW
The Government-appointed Broadcasting Authority says that Richard Li doesn't control PCCW - who knew? This exposes a huge loophole in the law on cross-media ownership, which can be avoided simply by passing your shareholdings into a trust. We call on the Government to either scrap the law, which is outdated in the internet age, or close the loophole by amending it. (2-Jun-2008)
The Government-appointed Broadcasting Authority says that Richard Li doesn't control PCCW - who knew? This exposes a huge loophole in the law on cross-media ownership, which can be avoided simply by passing your shareholdings into a trust. We call on the Government to either scrap the law, which is outdated in the internet age, or close the loophole by amending it. (2-Jun-2008)
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