Hong Kong Case Law: Decisions & Judgments

Topic

Internet exception

Legal area

Court

13 Feb 2017

HONG KONG CABLE TELEVISION LTD v. SECRETARY FOR JUSTICE

Citation

HONG KONG CABLE TELEVISION LTD v. SECRETARY FOR JUSTICE
Court

Court of Final Appeal
Case number

FAMV44/2016

Leave to appeal was refused because the issues, while involving statutory interpretation, were highly fact-sensitive, concerned past limited-period conduct of limited monetary value, the applicant ceased the relevant service and failed to demonstrate that the questions were of sufficient general or public importance or properly founded to warrant grant of leave.
12 Sept 2016

SECRETARY FOR JUSTICE v. HONG KONG CABLE TELEVISION LTD

Citation

SECRETARY FOR JUSTICE v. HONG KONG CABLE TELEVISION LTD
Court

Court of Appeal
Case number

CACV130/2015

The application for leave to appeal was refused because the questions were fact‑specific, concerned a unique mode of transmission, were not of great, general or public importance and were not reasonably arguable on the material before the Court.
2 Oct 2015

SECRETARY FOR JUSTICE v. HONG KONG CABLE TELEVISION LTD

Citation

SECRETARY FOR JUSTICE v. HONG KONG CABLE TELEVISION LTD
Court

Court of First Instance
Case number

HCA2561/2009

The court exercised its discretion under O.62 having regard to authorities and the new rule factors; although HKCTV had partial success on a discrete issue, that success did not justify halving the Government's costs because the issue was reasonably raised and the Government was substantially successful overall; the nisi costs order was varied so HKCTV must pay 70% of the Government's costs of the action, and HKCTV is entitled to the costs of the present application; orders remain nisi and will become absolute in 14 days if not varied.
5 May 2015

SECRETARY FOR JUSTICE v. HONG KONG CABLE TELEVISION LTD

Citation

SECRETARY FOR JUSTICE v. HONG KONG CABLE TELEVISION LTD
Court

Court of First Instance
Case number

HCA2561/2009

HKCTV's IPTV service fell within the Schedule 3 Internet exception because the transmission used TCP/IP to set‑top boxes and the fact conversion to analogue occurred in common areas (not within individual premises) did not remove the service from the Internet exception; additionally the Internet for the exception requires association with globally unique IP addressing and HKCTV did not use globally unique IP addresses until mid‑July 2008, so variable licence fees were payable only for anniversaries before that change; 'subscriber' for fee calculation includes the individual domestic premises…

Hong Kong Case Law

HONG KONG CABLE TELEVISION LTD v. SECRETARY FOR JUSTICE

SECRETARY FOR JUSTICE v. HONG KONG CABLE TELEVISION LTD

SECRETARY FOR JUSTICE v. HONG KONG CABLE TELEVISION LTD

SECRETARY FOR JUSTICE v. HONG KONG CABLE TELEVISION LTD