TVB's judicial challenge over licences rejected
Judge says intermediate steps in government's decision-making process aren't up for review
A court has dismissed TVB's application for a judicial review of a government agency's decision to recommend the granting of new free-to-air television licences, saying that it will not review intermediate steps of the administration's decision-making process.
Mr Justice Thomas Au Hing-cheung, in the Court of First Instance, wrote in his judgment that the court was not to entertain "challenges of intermediary or preparatory steps in the decision-making process".
The broadcaster earlier said in court filings that the Communications Authority made an "unlawful" recommendation in July, when it supported the granting of new licences, saying the judgment was replete with both factual and legal errors.
TVB asked the court to bar the Chief Executive in Council, made up of the chief executive and Executive Council, from giving licences to City Telecom-owned Hong Kong Television Network, i-Cable Communications subsidiary Fantastic Television, and HK Television Entertainment Co, a unit of PCCW. The three applications were made between December 2009 and March 2010.
Refusing TVB's leave application, Au wrote: "I do not accept that TVB has suffered any substantive adverse legal consequences or clear or irretrievable prejudice at this stage."
The judgment says the intended judicial review seeks to challenge a "future" decision of the Executive Council.