TVB filed a case with the High Court to stop the government from giving out additional free-to-air licences, in hopes of barring fair competition in Hong Kong’s free television broadcasting industry. The case was eventually rejected on grounds that the government will not review intermediate steps of the administration’s decision-making process. On the other hand, the Commerce and Economic Development Bureau openly accepted the judge’s decision and is actively trying to speed up the process to launch the free-to-air licenses for other broadcasting television stations. The three companies applying for the license include Hong Kong Television (HKTV), Fantastic Television Limited, and Hong Kong Television Entertainment Company Limited. When the judge made the decision to reject TVB’s application to stop the licenses from being released, the judge – Thomas Au, stated that TVB has not suffered from any substantial losses because the case of airing licenses have yet to be decided. Therefore, TVB’s complaint about the loss of their future investment of $6 billion HKD is not considered to be relevant as of right now. Although the arguments raised by TVB are relatively valid, the judge sided with the government and announced that the courts will not be interfering with governmental work unless arguments are based on facts that will affect the actual decision-making. Commerce and Economic Development Bureau Encourages the Decision Representatives from the bureau have expressed the need to speed up the process with regards to the licenses, while the government said that they would make a public announcement when the authorities have reached a final agreement. Agreeing with the bureau, HKTV welcomes the court’s rulings, as there would be no more excuses from the government to delay the release of the licences. However, TVB’s lawyer, Gerald McCoy, complained that the report from the Communications Authority was erroneous and may have potentially affected the ruling. TVB expressed their disappointment in the ruling and has voiced their need in seeking further legal advice and perhaps prepare for an appeal. ATV has also previously been to court, trying to push back the release of the free-to-air licenses, but they eventually failed to persuade the judges. Share Prices on the Rise Ever since the government’s refusal to acknowledge TVB’s judicial review against the free-to-air licenses, the share prices of the three applicants, HKTV, Fantastic TV, and Hong Kong Television Entertainment Co. Ltd, have been increasing. HKTV’s stock prices were up by 18.3 percent to $7.15 USD on the Nasdaq while i-Cable, parent company to Fantastic TV rose 6.4 percent to $41.50 HKD. PCCW, parent company to Hong Kong Television Entertainment, rose 0.72 percent. TVB’s stock price fell 1.1 percent to $61.45. It is still unknown as to how long it will take for the courts to make a final decision, but looking at the current situation, the three applicants seem to have the upper hand. Hong Kong may finally see increased competition in the free broadcasting television industry. Creds: ihktv
