Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Abuse of dominant position

Legal area

Court

9 Jul 2005

HONG KONG CABLE TELEVISION LTD v. TELEVISION BROADCASTS LTD AND ANOTHER

Citation

HONG KONG CABLE TELEVISION LTD v. TELEVISION BROADCASTS LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA1256/2005

The court has jurisdiction under s15(2) of the Broadcasting Ordinance to entertain claims for breach of licence conditions; there is a serious question to be tried that the Program may be substantially produced by TVB within the meaning of condition 36.5 and damages would not be an adequate remedy, and on balance of convenience the interim injunction restraining Galaxy from broadcasting the Program pending trial should be granted; the Channels application was refused because the proposed short suspension to 1 August 2005 was unlikely to achieve any useful purpose given the likely rejection of…
8 Jul 2004

PCCW-HKT TELEPHONE LTD v. TELECOMMUNICATIONS AUTHORITY

Citation

PCCW-HKT TELEPHONE LTD v. TELECOMMUNICATIONS AUTHORITY
Court

Court of Appeal
Case number

CACV274/2003

The court held that (1) an appeal under s32N(1)(a)(i) is only available where the TA, expressly or impliedly, formed an opinion that the conduct in question engaged ss 7K–7N (thus the Direction here did relate to ss 7K/7L and PCCW was entitled to appeal); and (2) the Appeal Board lacks jurisdiction to grant an interim stay pending appeal because s32N(2)-(3) expressly preclude suspension except where s36C applies and no statutory power otherwise authorises a stay.