Magistrate fines Citizens' Radio activists, praises 'noble' motives
A magistrate fined six Citizens' Radio activists yesterday for making unlicensed broadcasts but praised their intentions as 'noble'.
In sentencing the activists after their conviction for establishing a means to broadcast without a licence in 2006, District Court judge Douglas Yau Tak-hong, sitting as a magistrate, said: 'No matter it was correct or wrong, [the intention] of civil disobedience was noble.'
The defendants, Citizens' Radio convenor Tsang Kin-shing, Chan Miu-tak, Poon Tat-keung, Yang Kuang, lawmaker Leung Kwok-hung, and Lo Chau, representing the Oceans Technology company, which runs Citizens' Radio, were found guilty of 14 illegal broadcasting charges after a retrial.
They were ordered to pay fines ranging from HK$3,000 to HK$12,000. Chan told the court he would pay the fine next week but the others told Yau they would not pay the fines.
The court saga began when Yau ruled on January 8 last year that the radio-licensing regime was unconstitutional because the chief executive, whose office did not constitute an independent body, had unfettered power to decide on applications for a broadcasting licence.
He dismissed the charges against the six but the ruling was suspended pending an appeal by the Hong Kong government.
Yet in December, the Court of Appeal ruled that the constitutionality of the licensing regime was not a necessary component of the offence of unlicensed broadcasting.
An application by the six activists for leave to appeal to the Court of Final Appeal was refused this year.
Yau said yesterday that the six defendants had committed the offence because they believed they were furthering freedom of speech and broadcasting freedom.
Comparatively speaking, it was of 'low moral culpability', Yau said.
The court also heard that equipment confiscated by the telecoms watchdog Ofta had cost more than HK$120,000.
Yau ruled that the prosecution witnesses were reliable and the defendants should have known what they were doing. The activists called for liberalisation of the airwaves by unfurling banners after sentencing was handed down.
Outside court, Leung said: 'I think the judge already paid homage to us, he respected our motive to commit civil disobedience in order to raise the consciousness of Hong Kong people to freedom of broadcasting.
'So the paradox and the most ridiculous thing was that we deserved respect of the judge, but according to the outdated colonial law, we needed to be convicted.'
He said appeals against the convictions would be discussed with their lawyers.
Tsang said the station would continue to broadcast. It went on the air again last night.
