A JUDGE who was asked to halt Wharf Cable's legal action over plans to introduce video-on-demand yesterday ruled the show must go on. Mr Justice Sears rejected a bid by Hongkong Telecom, supported by the Government, to stop the case. He said the courts had a duty to prevent any injustice by government departments. He dismissed claims the Government's intention to bring in new legislation made the case redundant. 'My role is to examine the law as it now stands. I do not know what the new legislation will be. That is up to Legco and the Joint Liaison Group,' he said. Wharf wants the judge to rule video-on-demand services cannot be provided unless a licence has been obtained under the Television Ordinance. Wharf's barrister, John Griffiths QC, said this would mean anyone wishing to provide the service would be subject to the same controls as those under which Wharf operates. 'It will provide a level playing field,' he said. Hongkong Telecom argues it does not need a licence under the TV Ordinance because video-on-demand falls under telecommunications laws. The judge will decide which ordinance the new service falls under. Warren Chan QC, for Hongkong Telecom, had called for the judge to dismiss the case. He said the main issue to be decided was academic because the Government had said it would bring in new legislation. Mr Griffiths described Mr Chan's suggestion as 'a ridiculous red herring'. He asked: 'How can it be suggested that the prospect of legislation can affect our existing rights?' Mr Justice Sears agreed the case should continue and said he would decide the case on the law as it stands. 'It is not a hypothetical question. It is a very important question,' he said. 'The court can tailor its remedies to fit the error of law,' he said. The hearing continues today.
