The Court of First Instance yesterday gave the green light to the Department of Justice to take action against six activists who defied a court injunction to continue illegal broadcasts.
The department applied to the court on Saturday for leave to initiate contempt proceedings.
The expected summonses against the six defendants, including lawmaker Leung Kwok-hung and fellow League of Social Democrats member Tsang Kin-shing, concern a broadcast last Thursday on their unlicensed Citizens' Radio, during which they urged the public to join last Sunday's democracy march.
Magistrate Douglas Yau Tak-hong last Tuesday agreed with them that the Telecommunications Ordinance, the basis of proceedings against them for unlicensed broadcasting, was unconstitutional.
He said it restricted freedom of expression since it gave the Chief Executive in Council 'sole unfettered discretion' over who, and who should not, be granted radio licences. But because of the legal vacuum the ruling would create, the magistrate suspended his ruling until it is reviewed.
Meanwhile, the Department of Justice successfully applied for an injunction to prevent further broadcasts, which the defendants and other pan-democratic lawmakers openly defied last Thursday.
