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TV License Refusal and Competition Policy in Hong Kong: What Is the Scope of Public Participation?
Abstract
This chapter looks from the perspective of competition law and regulatory decision-making at an event that reshaped the debate over public participation in Hong Kong. By analyzing the public's reaction to a regulatory decision in 2013 to deny a free-to-air TV licence to HKTV, this chapter attempts to understand how the existing regulatory framework has shaped public discourse and government narrative. This chapter argues that the lack of publicity of debates around regulatory decisions triggers the creation of social movements, and that the Hong Kong government and regulators must learn from this episode in the light of the imminent enforcement of competition law in Hong Kong. Several judicial challenges to the regulatory decision-making process are analyzed, in the context of the competitive environment of Hong Kong. If the Hong Kong government and regulators in Hong Kong do not learn from the HKTV episode, and do not make efforts to explain and publicize their decisions and decision-making process, this may endanger the launch of competition law in Hong Kong.
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