Secretary for Commerce & Economic Development Frederick Ma has appealed to Citizens' Radio to abide by the law and stop its illegal broadcasts while awaiting the outcome of a Department of Justice appeal.

"The Government and the people of Hong Kong uphold and treasure freedom of speech and expression, but we should not confuse the exercise of this freedom with illegal broadcasting," Mr Ma said at an afternoon press briefing.

Regarding the unlicensed broadcast by Citizens' Radio, the Eastern Magistrate on Tuesday ruled the current licensing regime under the Telecommunications Ordinance and the charges based upon a failure to comply with that regime were unconstitutional. As a consequence of the ruling, he dismissed all the charges against the defendants.

That same day, on the prosecution's application, the Magistrate reviewed his decision to dismiss the charges and accepted the prosecution's submission that he had been wrong to dismiss the charges at this stage and accordingly overturned that decision. He adjourned the case to February 11 to allow the prosecution to appeal his constitutionality ruling.

"As a result of the Magistrate's suspension decision and pending the outcome of the appeal, all unauthorised or unlicensed broadcasting activities remain a criminal offence. Anyone who carries out or participates in unlicensed broadcasting may be liable to prosecution," Mr Ma said.

He noted Citizens' Radio has publicly said it would continue its illegal broadcasts in spite of the Magistrate's suspension decision, but the Government must enforce the law against any deliberate attempts to flout it.

"Spectrum regulation is essential. With a view to protecting public interest and uphold the rule of law, it is necessary for the Government to apply to the court for an injunction to stop Citizens' Radio's unlicensed broadcasting activities. The Court has accepted the Government's application and granted the injunction until next Friday," Mr Ma said.

Anyone implicated in violating the injunction will be found guilty of contempt of court, and anyone assisting implicated people in violating the injunction - including participating in illegal broadcasting - may also be found guilty of contempt of court, he stressed.

"As we all know, rule of law is the cornerstone of Hong Kong's prosperity and success. I appeal to Citizens' Radio that they should abide by the law."