Court's decision on free-to-air TV licensing will be closely watched

The television licensing debacle has posed another challenge to chief executive Leung Chun-ying. It started with his cabinet being accused of unfairness for rejecting Hong Kong Television Network's bid to go on air, while approving two pay-TV operators to expand into the free-to-air market. Fuelled by conspiracy theory, finger-pointing and mass rallies, it soon escalated into a stand-off. Without any sign of compromise, a court is being asked to review the decision.

That the drama is moving into the courtroom is regrettable, but unsurprising. The government has sat on the three applications for three years. It should have had enough time to scrutinise them and make the best decision. But the outcome clearly falls short of public expectation, as reflected in the rallies over the past week. The outcry prompted Leung to explain further in a media session on Tuesday. He maintained that the government had followed standing procedures and the law. He also denied forcing through the decision, saying the Executive Council he chairs had considered an array of factors. However, the public appears to be unconvinced by the explanations, with critics saying the city's core values of fairness have been undermined. Some government allies are also distancing themselves from the saga.

The public can be excused for feeling frustrated. Officials in charge are so far unable to give specific reasons why the venture by Ricky Wong Wai-kay is considered inferior. Further questions were raised when the government was said to have changed the rules of the game from "all are welcome" to accepting only two of the three applications. But the change was apparently only conveyed to the applicants in May; and they were not allowed to revise their bids accordingly.

It does not help clear the air when officials refuse to disclose more details, citing the looming court battle and the confidentiality rules adopted by Exco as the reasons. Pan-democrat lawmakers say they will seek to invoke special investigative power under the law to open up government files.

Whether the court showdown can ease political pressure on the government remains unclear. What is certain is that the judicial proceedings can shed some light on the decision-making process. The public has high confidence in the judiciary as a safeguard against executive abuses. When the drama plays out in court, the public will be able to see for themselves whether the decision is justified or not.