TNAG-2862-FCO40-4116-Article-XIX-(lobby-group-for-press-freedom)-and-Hong-Kong-Jo-1993 — Page 148

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Urgent Business: Hong Kong, Freedom of Expression and 1997

concluded. However, the possibility of changes to the Ordinance is now back on the agenda following the pledge by Mr Patten for a further review of laws.

4.4.3 Radio and telecommunications

The Telecommunication Ordinance covers the regulation of virtually all aspects of telecommunication, including the transmission or reception of information via radio, telephone or satellite.24 Sound broadcasting, or radio, was brought within the scope of the law in 1989.

As with the Television Ordinance, certain provisions of the recently included Part IIIA on sound broadcasting grant the Broadcasting Authority extensive powers to prohibit the broadcasting of radio programmes. Section 13C(3)(a), which partially mirrors the Television Ordinance's Section 35, stipulates that a licence for sound broadcasting may include a condition that the Authority can prohibit the broadcast of any programme or any class of material.25

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Similarly, the Governor in Council, under Section 13M(1), may prohibit the broadcasting of any programme, or part of a programme, if it is deemed to be a threat to "the peace or good order of Hong Kong". According to Section 130, he may also establish standards for programmes which are effectively overseen by the Broadcasting Authority." And finally, Section 13N sets out what appear to be formidable indirect controls over this medium: for "the purpose of securing compliance" with radio legislation, the provision states, the Governor in Council may regulate the ownership or control of licensees of sound broadcasting. Presumably, non-compliance with established programme standards could amount to a reason to exercise this power.

In a separate part of telecommunication legislation, the Governor's prerogative powers of censorship extend to the "transmission of messages". Under Section 33, the Governor, or any authorized officer, may forbid transmission of any message or any type of message when, in their view, "the public interest so requires". Either party may also require that messages be

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24

The report was submitted to the Legislative Council's ad hoc group studying the Bill of Rights in late 1990.

Telecommunication Ordinance (Cap 106), enacted originally in 1962, last amended in 1989.

25

The circumstances include any contravention of:

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1. directives issued by the Governor in Council;

2. directives or provisions of a code of practice issued by the Broadcasting Authority;

3. any regulations made under section 130;

4. any term or condition of the licence.

The power to establish standards for programmes is fortified under Section 18 of the Broadcasting Authority Ordinance by the stipulation that the Governor has the additional scope to "issue directions" at any time to the Authority regarding these (radio programme) standards, notably where "content and balance" are concerned (see also Broadcasting Authority Ordinance section above).

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