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The Magistrate hearing the case concerning unlicensed broadcasting by Citizens・ Radio ruled today (January 8) that the current licensing regime under the Telecommunications Ordinance, Cap 106 and the charges based upon a failure to comply with that regime were unconstitutional. As a consequence of the ruling, he dismissed all the charges against the defendants.
On the prosecution・s application, he reviewed his decision to dismiss the charges and accepted the prosecution・s submission that he had been wrong to dismiss the charges at this stage and accordingly overturned that decision.
The Magistrate adjourned the case to February 11, 2008 to allow the prosecution to appeal his constitutionality ruling.
The Magistrate also accepted the prosecution・s submissions that the constitutionality ruling be suspended so as not to have legal effect in the meantime and to maintain the status quo. He found that there was a real risk that if the ruling were not suspended, the authorities would not be able to control the radio spectrum, and lives would be endangered as the spectrum was also used by emergency services.
As a result of the Magistrate・s decision to suspend his ruling and pending the outcome of the appeal, unlicensed broadcasting remains a criminal offence and anyone engaged in such activities including establishing or using a means of telecommunications without licence contrary to s.8 of the Telecommunications Ordinance, Cap 106, and anyone who participates in any broadcast by such means contrary to s.23 of the same Ordinance is liable to criminal prosecution.
Ends/Tuesday, January 8, 2008
Issued at HKT 21:45
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