31 Dec 2020
TELEVISION BROADCAST LTD v. COMMUNICATIONS AUTHORITY AND ANOTHER
- Citation
- [2020] HKCFI 3180
- Court
- Court of First Instance
- Case number
- HCAL151/2016
The court held the Relevant Paragraphs of the Codes met the 'prescribed by law' requirement and were a proportionate restriction on commercial expression in the context of pervasive free‑to‑air broadcasting; the CA lawfully issued and applied the Codes within its statutory powers; the CA's factual assessments and sanction were not irrational and were adequately reasoned; BOR10 was not engaged because the CA's determinations were public‑law regulatory judgments rather than determinations of civil rights requiring a judicial tribunal. Accordingly the judicial review applications were dismissed.