bodyType

customContents

entityId

entityUuid

articlePageQuery

filter

article

articleBaseAdvertisingInfoArticle

articleListArticle

articleSeoArticle

helpersCheckIsPostiesArticle

hooksArticleAcknowledgementGateOverlayArticle

hooksTrackPageViewArticle

hooksContentInterestArticle

articleLinkingDataContent

articleSchemaContent

liveArticle

advertZone

sentiment

contentLock

topics

types

sections

moreOnThisArticles

urlAlias

commentCount

sponsorType

authorLocations

authors

paywallTypes

corrections

displaySlideShow

multimediaEmbed

printHeadline

seriesContainer

socialHeadline

headline

flag

firstTopic

glossary

flattenTypeIds

publishedDate

additionalInfoBoxes

images

image

relatedLinks

relatedNewsletters

__typename

createdDate

sponsor

factSheets

series

disableOffPlatformContent

published

updatedDate

summary

subHeadline

body

keywords

copyrighted

customTimezone

liveContents

Ambrose Leung

The government should review the Telecommunications Ordinance and open up the public airwaves, as it has unreasonably restricted  freedom of speech, pan-democrats and human rights activists said yesterday.
Local Falun Gong practitioners said they would consider whether to make better use of the public airwaves, despite warnings by a leading pro-government political party that allowing more radio broadcasters would 'bring chaos'.
In its judgment, the Eastern Court  ruled that the licensing regime - which ultimately decides who can conduct public radio broadcasts - was unconstitutional, as the application process was unclear and discretionary power was concentrated at the chief executive in council.
Democratic Party legislator Sin Chung-kai,  deputy chairman of the Legislative Council information technology panel, said there was a need for change in the  legislation, which controlled radio broadcast licensing.
Fellow Democratic Party lawmaker James To Kun-sun  said he would move a motion debate in Legco on January 23 calling for amending the Telecommunications Ordinance and Broadcasting Ordinance to open public airwaves.
University of Hong Kong assistant law professor Eric Cheung Tat-ming   agreed  a review of the ordinance was needed to reflect  modern standards.
Activists have long demanded the  public airwaves be opened up as  they consider the law  a colonial-era measure  intended to curb dissent.
Veteran Democrat Szeto Wah,  who is accused of taking part in illegal broadcasts on Citizens' Radio in a separate case, said earlier that he would rather go to jail than lose his freedom of speech.
Human Rights Monitor director Law Yuk-kai   said freedom of speech was a constitutional right  and the government had no legal basis to constrain it on grounds of financial capability, as in the ordinance's requirement for broadcasters.
'The chief executive's power is arbitrary and is clearly unconstitutional,' Mr Law said. 'The law must be amended to include clear guidelines on how to meet application requirements, and there should also be an independent body of appeal.'
Albert Cheng King-hon,  chairman of the Legco information technology panel,  said the allocation of airwaves among Hong Kong's three radio stations should be rearranged as technology allowed more broadcasters to use the FM frequencies.
But Tam Yiu-chung,  chairman of the Democratic Alliance for the Betterment and Progress of Hong Kong, said the court's judgment was 'rash'.
'If everybody can run illegal radio stations then, rather than freedom, it will bring chaos. Not only the Falun Gong but anyone can broadcast,'  Mr Tam said.
Kan Hung-cheung,  the Falun Gong's spokesman in Hong Kong, said  the ruling would  give the public more opportunities to air their views.
'The Falun Gong will consider whether to take advantage of the ruling and step up usage of the public airwaves,' Mr Kan said.
The group is branded an 'evil cult' and banned on the mainland.
The Citizens' Radio story
July 2005  Tsang Kin-shing  applies for broadcasting licence for Citizens' Radio
October Telecommunications Authority launches investigation after Citizens' Radio broadcasts without licence; Metro Radio complains its spectrum has been hijacked
August 2006 Telecommunications Authority raids Citizens' Radio, seizing equipment for investigation
October Citizens' Radio resumes broadcasting; Telecommunications Authority raids it twice in a week,  laying charges of unauthorised broadcasting
December Chief executive and Executive Council reject licence application
July 2007 Authority charges two guests appearing on Citizens' Radio
November Szeto Wah  receives summons after appearing on Citizens' Radio programme on June 4 crackdown in May
December Secretary for Commerce and Economic Development Frederick Ma Si-hang  denies prosecution is politically motivated



Ruling sparks calls for review of ordinance and open airwaves