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Austin Chiu

Simpson Cheung

A major shareholder of Digital Broadcasting Corporation will get access to the radio station's records after reaching an agreement with its management.
The two sides had agreed that station chairman Bill Wong Cho-bau was entitled to view the accounts and employment records, the Court of First Instance heard yesterday.
Mr Justice Jonathan Harris then issued an order allowing Wong access to the information.
Wong brought the legal action against the company, saying that he had received an unsatisfactory response to his request for DBC records in his capacity as a director.
Lawyer Victor Dawes, representing DBC president "Taipan" Albert Cheng King-hon and chief executive Ho Kwok-fai, told the court some of the 120 categories of documents Wong asked for did not exist.
Dawes said Wong had demanded immediate access to an extensive list of documents, before bringing the action soon afterwards. He said the station had been making an effort to provide the papers.
The judge ordered that Wong have access to the available documents until September 21, and said he could make copies.
He also told Cheng and Ho to file with the court a sworn statement by September 28 to declare the non-existence of the documents they claimed were unavailable.
DBC co-founder Cheng and businessman Wong have been at odds since Cheng openly lambasted Wong, a Beijing loyalist, for refusing to top up his investment in the company because of what Cheng called political reasons.
Last month, Cheng said the station could not launch its free-to-air radio stations because of Wong's sudden refusal to inject funds. But he said last week that programme hosts had agreed to take a 50 per cent pay cut. DBC now runs seven stations.
The application yesterday was the first of two taken out by Wong related to DBC operations and his investment.
Last week, he filed a writ asking the High Court to declare he was not in breach of a shareholder agreement when he refused to inject HK$50 million into the financially troubled company.
Dawes told the court that Joseph Pang Yuk-wing had succeeded Arthur Lee Kwok-cheung as a director of the company.
Outside court, Cheng said he had always welcomed Wong to see the documents and that he had nothing to hide.
Yesterday was the last day for several staff whose contracts had ended. Cheng has said there were 100 staff but would not say how many remained.
DBC runs seven stations, five broadcasting mainly music, including Digital Money, and Digital We, whose weekday programmes were cut due to insufficient advertising. The other three are meant to be music stations.
Additional reporting by Simpson Cheung


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