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The following is the statement by the Secretary for Commerce and Economic Development, Mr Frederick Ma, on the unlicensed broadcast by Citizens・ Radio today (January 10):
Regarding the unlicensed broadcast by Citizens・ Radio, the Magistrate accepted on January 8, 2008 the Government・s submission and suspended his ruling on the constitutionality of the licensing regime and overturned his decision to dismiss the charges against Citizens・ Radio and related persons. Department of Justice will appeal the constitutionality ruling to the Court.
As a result of the Magistrate・s suspension decision and pending the outcome of the appeal, all unauthorised or unlicensed broadcasting activities remain a criminal offence. Anyone who carries out or participates in unlicensed broadcasting may be liable to prosecution.
Citizens・ Radio has publicly said that it would continue its illegal broadcast in spite of the Magistrate・s suspension decision. The Government has to enforce the law against any deliberate attempt to flout the law. Spectrum regulation is essential. With a view to protecting public interest and uphold the rule of law, it is necessary for the Government to apply to the court for an injunction to stop Citizens・ Radio・s unlicensed broadcasting activities. The Court has accepted the Government・s application and granted the injunction until next Friday. Any implicated persons violating the injunction will constitute contempt of court. Anyone assisting the implicated persons in violating the injunction, including participating in illegal broadcasting, may constitute contempt of court.
The Government and the people of Hong Kong uphold and treasure freedom of speech and expression, but we should not confuse the exercise of this freedom with illegal broadcasting.
As we all know, the rule of law is the cornerstone of Hong Kong・s prosperity and success. I appeal to Citizens・ Radio that they should abide by law.
Ends/Thursday, January 10, 2008
Issued at HKT 19:39
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