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In response to press enquiries regarding the announcement by Citizens・ Radio today (April 14) of its intention to resume unlicensed broadcasting on April 20, 2008, and request for amending the Telecommunications Ordinance, a spokesman for the Office of the Telecommunications Authority (OFTA) reiterates today that it remains contrary to the law to engage in unlicensed radio broadcasting activities.
：It is clear from the rulings given by the Honourable Mr Justice Hartmann in respect of Citizens・ Radio that those who continue to broadcast without a licence are doing so at their own risk of facing further criminal charges.
：Under section 8 of the Telecommunications Ordinance, it is a criminal offence for any person to establish or to maintain a radio transmission without a valid licence. It is also a criminal offence under section 23 of the ordinance for any person, knowing or having reason to believe that a radio transmission is being maintained in contravention of the ordinance, to deliver any message for transmission by that radio transmission. Accordingly, any person acting in breach of section 8 and/or section 23 of the ordinance is liable to be prosecuted, ； the spokesman said.
The appeal by way of case stated against the constitutionality ruling of the magistrate has been fixed for hearing before the Court of Appeal from September 10 to 12, 2008. Pending a higher court・s decision, OFTA appeals to all to repose their trust in our judicial system, to respect the rule of law and to exercise restraint.
As regards the incident of suspected unlicensed radio broadcasting which occurred on January 10, 2008, OFTA has completed the related criminal investigation and has submitted a file to the Department of Justice which is in the process of finalising the relevant legal advice as regards possible breaches of section 8 and/or section 23 of the ordinance. Those involved in that incident remain liable to be prosecuted. If criminal proceedings are instituted, it is expected that as in previous similar cases involving alleged breaches of section 8 and/or section 23 of the ordinance, they will likewise be adjourned to a date after the appeal has been determined by the Court of Appeal.
On the question of whether amendments will be made to the Telecommunications Ordinance, the spokesman said: ：The Government has been reviewing the policy and legislation in relation to broadcasting and telecommunications matters from time to time. Pending the outcome of the appeal by way of the case stated, it would not be appropriate for the Administration to engage in public debate on whether the Telecommunications Ordinance would be amended on the basis of the constitutionality ruling；.
Ends/Monday, April 14, 2008
Issued at HKT 16:00
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