31 Dec 2020
TELEVISION BROADCAST LTD v. COMMUNICATIONS AUTHORITY
- Citation
- [2020] HKCFI 3180
- Court
- Court of First Instance
- Case number
- HCAL47/2017
The court held the Relevant Paragraphs (Paragraph 1 Chapter 11 TV Programme Code and Paragraph 10(a) Chapter 9 TV Advertising Code) are sufficiently certain and prescribed by law, pursue legitimate aims (consumer protection and viewing interests), and are proportionate. The CA acted within its statutory powers (BMPO/BO/licence conditions). The CA had reasonable factual grounds to find the KFC and Scoop segments breached the Codes, its decisions were not irrational and gave adequate reasons, and the HK$150,000 penalty was within statutory limits and not excessive. The enforcement/appeal scheme…