ARTICLE 19 and The Hong Kong Journalists Association
Broadcasting policy and related legislation is presently undergoing a review to determine how far, and in what way, broadcasting should be opened up to greater competition.16 This is also an opportunity for considering a comprehensive review of contentious provisions of broadcasting law. The Recreation and Culture Branch, the government department responsible for broadcasting policy, has indicated that it is to consider the desirability of omnibus broadcasting legislation which would draw together the present disparate strands of law. An omnibus law has been recommended by the HKJA for some time, though it is understood that the priority of the Recreation and Culture Branch review is rationalization and not compatibility with the right to freedom of expression. This latter issue is now to be taken up by the Executive Council, following a promise to the HKJA by the Governor in August 1992. Of special concern is the need to repeal the quasi-emergency powers in the three Ordinances, many of which can restrict freedom of expression without an express declaration of an emergency. Censorship during times of emergency is more than adequately covered in the appropriate Emergency Regulations Ordinance, which itself is in urgent need of review for its compatibility with the Bill of Rights.
4.4.1 The Broadcasting Authority
The Broadcasting Authority was set up under the Broadcasting Authority Ordinance1 in 1987 as a means of rationalizing the regulation and monitoring of the broadcasting industry. Initially its brief only covered television broadcasting, though an amendment to the Ordinance in 1989 also brought sound, or radio, broadcasting within its ambit. Telecommunications in the wider sense are not its responsibility.
The Authority has a quasi-independent status, with what appears to be a broad member franchise. Three of a maximum of 12 posts are allocated to "public officers", while the remaining nine can be filled by members of the general public, the chairman being chosen from the latter. The Governor, however, appoints all the Authority's members and the make-up of the body today does not reflect wide or independent opinion. This essential weakness is compounded by the fact that the Governor, even though the Authority has very considerable executive powers of its own, has wider discretionary powers to issue binding directives on the body, or indeed even to override its decisions.18
Although the Broadcasting Authority Ordinance generally restricts itself to laying down the broad framework of the Authority's operation, leaving the detail to the relevant legislation
16
See Chapter 5.
17 Broadcasting Authority Ordinance (Cap 391), enacted first in 1987.
18 These
powers are presumably twofold in nature. First, in times of "emergency", or when the "peace or good order of Hong Kong is threatened", the Governor can exercise full executive powers of censorship. Second, in the unlikely event the Authority develops an independent identity, the Governor can, if need be, compel it to conform, or simply overrule it (see also Television section below).
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