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September 30, 2015

Hong Kong Television Network rejected over its bid to operate mobile TV programmes

JULIE CHUjulie.chu@scmp.com

PUBLISHED : Wednesday, 30 September, 2015, 2:40am

UPDATED : Wednesday, 30 September, 2015, 2:40am

HKTV and Hong Kong Mobile Television Network Limited (HKMTV), both chaired by media tycoon Ricky Wong Wai-kay (above), sought a judicial review against the Communications Authority's ruling that the companies would need to apply for a television licence if their mobile station targeted more than 5,000 "specified premises". Photo: Nora Tam

A High Court judge has rejected a judicial review brought by Hong Kong Television Network (HKTV) over its failed bid to operate a mobile television system through a digital format.

HKTV and Hong Kong Mobile Television Network Limited (HKMTV), both chaired by media tycoon Ricky Wong Wai-kay, sought a judicial review against the Communications Authority's ruling that the companies would need to apply for a television licence if their mobile station targeted more than 5,000 "specified premises".

Mr Justice Thomas Au Hing-cheung wrote in his judgment that he found the overall intent of the ordinance was to protect children and public morals by regulating the content of television programmes through a licensing system.

The two companies could not argue they were operating a "mobile station" and the requirement was not applicable to them, the judge ruled. "I do not think the [authority] has committed any error of law in construing the meaning of the audience requirement," he wrote.

The court was told that HKTV acquired China Mobile Hong Kong, which had been issued a unified carrier licence to provide mobile television services in Hong Kong, and changed its name to HKMTV in 2013.

In January last year, HKMTV announced that it intended to adopt the Digital Terrestrial Multimedia Broadcast (DTMB) transmission standard for its proposed mobile television service.

But the authority informed HKMTV that it had first to obtain a domestic television service licence.

In response to the court judgment, HKTV said: "The company is seeking legal advice on grounds to appeal."

A spokesman for the Communications Authority welcomed the ruling.

http://m.scmp.com/news/hong-kong/article/1862533/hong-kong-television-network-rejected-over-its-bid-operate-mobile-tv