HKTV's Failed License Bid Causes Public Outcry

(Credit: am730)

On October 15, 2013, Gregory So, Secretary for Commerce and Economic Development, announced the granting of free-to-air television licences to PCCW and i-Cable, but not Hong Kong Television Network (HKTV), sparking public outcry in radio talk shows and online, as tens of thousands took to the streets on Sunday, marching from Causeway Bay to Tamar.

In a press conference, So indicated that a consultants’ report predicted the city could not support five television stations and questioned whether HKTV had the experience to operated its planned 30 channels. Ricky Wong, the entrepreneur who has invested more than $300 million into HKTV, said: "If we are not up to standard and if our score is low, show us the score sheet.” Simon Ho, a member of the Communications Authority's broadcast complaints committee, also demanded a government explanation, stating it was not the administration's job to ensure a television operator's survival.

After HKTV was denied a television licence, a tearful Wong announced 320 lay-offs and revealed that he submitted a bid after being approached by a very senior government official in 2009. Wong also defended the quality of HKTV's bid, stating "We are the most qualified among the three applicants. We focus on entertainment, which is what Hong Kong lacks.”

On October 19, lawmaker Cyd Ho confirmed she was two votes away from the support needed to invoke the Legislative Council's Powers and Privileges Ordinance at the next Legco meeting on November 8 to access key documents related to the decision, including minutes of Executive Council meetings and consultant reports.

Jasper Tsang, president of the Legislative Council, has called on the government to explain its criteria in granting free-to-air licences, and that the government could reveal "the assessment of the applicants' competitiveness". Former chief secretary Anson indicated that Exco rules protect the confidentiality of advice tendered by individual members, and should not be used as an excuse for refusing to disclose reasons for policy decisions that the public has a legitimate right to know.

Secretary for Justice Rimsky Yuen admitted that a policy bureau document from December 2012 opined that it would not be justified to refuse any of the three bids, but has also said procedural justice was upheld during the vetting process.

On Sunday, October 20, a government statement revealed that the government was notified of a filing for an application for leave to apply for judicial review, the details of which could not be made public as they could affect legal proceedings.