Decision to fine TVB for unreasonable terms should be quashed, Hong Kong court hears

The Communication Authority had no statutory power to fine TVB HK$900,000 for imposing unreasonable terms on its artists, the television network argued in the High Court on Tuesday.

“The decision [the authority] made was unconstitutional and should be quashed,” said Dinah Rose QC for TVB, adding that the case should have been handled by a tribunal or an independent judicial body but not the authority itself.

After a three-year investigation, the authority ruled in September 2013, that TVB had contravened regulations under the Broadcasting Ordinance as certain contracts prohibited artists from using their own voices on rival stations.

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They were forced to have their voices dubbed instead. The station was fined.

Rose argued in court on Tuesday that, to appeal the decision, TVB had to file to Chief Executive Leung Chun-ying and members of the Executive Council.

She said this was “unconstitutional” as it breached the Bill of Rights which entitles everyone to a fair and public hearing by a “competent, independent and impartial tribunal established by law”.

She claimed the decision itself involved “an act of criminal nature”, but neither the authority nor Exco was a tribunal or independent.