sam88 2008-2-12 08:58 AM
Court ruling puts radio pirates on hold for longer
Court ruling puts radio pirates on hold for longer
The government was yesterday granted more time to appeal its case against pirate broadcaster Citizen's Radio.
This came after Eastern Magistrate Douglas Yau Tak-hong agreed to further extend the suspension of his ruling that the Telecommunications Ordinance was unconstitutional.
The government now has until March 11 to seek a High Court ruling on the case.
Yau said failure to extend the suspension could result in the public becoming confused about broadcast licensing matters.
"A licensing system is essential in the proper function of a society. Should that fail, the consequence is dire," Yau warned.
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He said he had the authority to suspend the ruling when it involves constitutionality which is pending judgment by the High Court.
Yau also reiterated that anyone broadcasting without a license was breaking the law.
The reprieve has bought the government more time to appeal against the rebel broadcaster following Yau's January 8 ruling that the licensing system was unconstitutional and a violation of the freedom of speech.
Yau had earlier dismissed the illegal broadcasting charges against six activists from Citizen's Radio, include legislator "Long hair" Leung Kwok- hung and the station's convenor Tsang Kin-shing, but then put the ruling on hold pending an appeal hearing by a higher court.
The station was established without a license in 2005, broadcasting five nights a week on FM102.8 and on the internet.
On January 18, Justice Michael Hartmann of the Court of First Instance rejected the government's application for an injunction, saying the station did not pose any danger to society, and giving the station the green light to go back on air.
But Tsang promised to halt all broadcasts until April, pending the hearing of the appeal by the government.
Government senior counsel Kevin Zervos said while the ruling on constitutionality is of gravest importance and should be handled in a higher court, the magistrate's ruling should hold. Barrister Wong Hin-lee, appearing for the defendants, said further suspensions could be seen as delaying tactics.
Wong refuted Zervos' argument on the danger of the unlicensed use of the airwaves, saying Hartmann had already ruled the station did not pose any danger to the public.
Outside the court, Tsang called the ruling "regretful," adding the secretary for justice was trying to drag on with the case.
