29 Jan 2016
TELEVISION BROADCASTS LTD v. COMMUNICATIONS AUTHORITY AND ANOTHER
- Citation
- TELEVISION BROADCASTS LTD v. COMMUNICATIONS AUTHORITY AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCAL176/2013
The Decision was quashed because the process as a whole did not satisfy Article 10: the Authority, being an administrative policy/advisory body acting as investigator, prosecutor and decision-maker, lacked the objective independence and impartiality required for adjudication of TVB's civil rights; an appeal to the CEIC is an executive/administrative review incapable of curing that defect; judicial review in the High Court was not a sufficient curative safeguard in the circumstances (no court of full jurisdiction to re-evaluate facts and merits), so the Decision breached Article 10. Alternativ…