The Commerce & Economic Development Bureau welcomes the Court of Appeal's finding the provisions under the Telecommunications Ordinance are constitutional.

Defendants of several unlicensed broadcasting cases argued the charges infringed their rights to freedom of expression guaranteed under the Basic Law and the Bill of Rights and were unconstitutional.

The concerned parties agreed that the magistrate hearing the criminal proceedings should rule on the constitutionality challenge before considering the evidence relating to the charges.

On January 8 a magistrate ruled on the issue in favour of the defendants. The prosecution then appealed against the ruling and the Court of Appeal handed down judgment today in favour of the Government.

The bureau said the ruling means unlicensed broadcasting is against the law and anyone engaged in such activities including establishing or maintaining a means of telecommunications without a licence, and anyone who participates in any broadcast by such means, is liable to criminal prosecution.

The unlicensed broadcasting cases will be submitted to the magistrate for resumption of the trial against the defendants in breach of the law.