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Pause button: Hong Kong judge puts HKTV licence ruling on hold ahead of government's appeal

Fresh setback for HKTV as court accepts the exercise could be a waste of public resources

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HKTV first applied for a licence in 2009.Photo: Jonathan Wong

In a blow to Hong Kong Television Network's hopes of finally being granted a free-to-air television licence, a judge yesterday temporarily halted his earlier order for the Executive Council to reconsider the station's failed bid.

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Granting Exco a stay of execution, Mr Justice Thomas Au Hing-cheung accepted that public resources - such as time and costs - could be wasted if Exco's appeal, scheduled for February 17, was successful or should the appeal court order the licence application process restarted.

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He also noted that his verdict could lead to Exco having to consider three other applications in the run-up to the appeal.

Au previously ruled in the High Court that when Exco rejected HKTV's bid it failed to follow a 1998 pro-competition policy that suggested there be no limit on the number of free-to-air licences issued. He ordered the application be returned to Exco for reconsideration.

Although he refused to consider a suggestion yesterday by Exco barrister Benjamin Yu SC that his client had strong grounds for winning the appeal, he accepted part of Yu's submissions concerning the public interest.

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Au told the station's barrister Jin Pao: "The prejudice for [HKTV] cannot be so significant it overrides the above reasons."

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