More UPDATES on the Free TV License Issue…

For those who are still interested in the free TV licensing issue (or should I say ‘debacle’), here are a few recent articles from SCMP that provides some good updates on the issue.

At this point, looks like the only ‘hope’ there is of a possible turnaround to this issue will be on 11/6, when the full Legislature convenes for their meeting and 2 motions related to the licensing issue will be put on the table for voting (one is the motion to use LegCo’s special powers to force an investigation into the licensing decision, which would also include publicly releasing some of the documents involved and the other is the petition signed by 34 lawmakers pressing the government to issue a license to HKTV).  If both of these motions fail, then it’s pretty much a ‘done deal’ – meaning that the HKTV staff might as well find other jobs because there’s pretty much no way that HKTV is going to get a license (they won’t get the ‘explanation’ that they’re seeking either).

Probably the only ‘good’ news I’ve read so far related to this issue is that the popularity ratings for both C.Y. Leung as well as ExCo have dropped pretty significantly the past few days (undoubtedly due to all the negative press surrounding the licensing decision).  When I say that this is ‘good’ news, I’m definitely NOT trying to be facetious – I know it won’t help the issue much, especially since CY Leung and his cronies don’t seem to give a damn about the HK public anyway, but it’s good to know that the public isn’t taking his ‘attitude’ and ‘lack of respect’ lightly either.

Anyway….two articles that I definitely recommend reading are the ‘mini-bio’ on Ricky Wong (gives a good summary of why he is both ‘loved’ and ‘hated’ by people) as well as the editorial written by Mike Rowse on why the government’s assertion that the market can’t sustain 5 TV stations is flawed.  Both are very interesting reads that provide some good insight into the issue.

*******

Article 1:

Liberals join with pan-democrats to back HKTV

Source:  SCMP

In a rare gesture, Liberal Party legislators and two other pro-establishment lawmakers have linked hands with pan-democrats to sign a petition pressing the government to give HKTV a free-to-air television licence.

The news came as Chinese University announced on Monday that Leung’s score in its popularity index fell to its lowest-ever – 41.7, down 4.2 marks. His cabinet also scored a record low of 42.1, down 3.5 points.

The Liberals signed their names alongside those of 27 pan-democrats under a statement calling on Chief Executive Leung Chun-ying and the Executive Council to revise their decision to grant licences to just two of the three applicants – i-Cable’s Fantastic TV and PCCW’s HK Television Entertainment Company.

Two other pro-government lawmakers may yet sign up, according to pan-democrat co-ordinator Frederick Fung Kin-kee.

The Liberals’ five legislators and non-affiliated Paul Tse Wai-chun also pledged to back the pan-democrats’ second attempt to invoke Legislative Council powers to investigate the decision. The motion will be put to the full council on November 6.

The decision snubbing HKTV saw an estimated 80,000 people attend a protest rally, followed by a week-long sit-in at government headquarters as staff from the station called for an explanation.

Commerce secretary Greg So Kam-leung said on Monday that he had written to HKTV staff on Saturday to “explain the rationale” behind the decision. But a source familiar with the situation said the letter repeated the government’s vague line that “a number of factors had been considered”.

Meanwhile, Philip Li Koi-hop, of political fringe group the People’s Opposition Party, withdrew his application for a judicial review in a bid to corner the government, which has claimed one of the reasons it cannot explain its decision was because judicial proceedings were ongoing.

Although HKTV chief Ricky Wong Wai-kay has said he plans to seek a judicial review, he has yet to file an application, and the station announced an explanation might prevent legal action.

Liberal leader James Tien Pei-chun said: “Granting three licences is the easiest way to defuse this political bomb as requests for a judicial review and Legco inquiry will be withdrawn.”

With TVB and ATV already holding free-to-air licences, Tien added: “From a business perspective, with greater competition, the advertising revenue of the free-TV market is expected to exceed the current figure of HK$3.9 billion. It can accommodate five players.”

Tien brushed aside the Liberals’ failure to support Mok’s first attempt to invoke Legco’s powers in last Friday’s House Committee meeting, saying it was a matter that should be put to the full house. It will only be passed if it wins majority support in both the 35-seat geographical and functional constituencies.

****

Article 2: 

Profile: Ricky Wong, the media upstart making a splash

Source:  SCMP

Ricky Wong Wai-kay is, in his own words, the type of person who earns himself more enemies than friends due to his straightforwardness.

But in a matter of days, the popularity of the former HKTV chairman has surged with the public, due to the same characteristics. His fiery quotes about the government's rejection of his free-to-air TV-licence application have been far more entertaining than the repetitive statements of government ministers.

"Who rules Hong Kong: the law, the policies, or the chief executive?" asked the 51-year-old, right after Chief Executive Leung Chun-ying refused to spill the beans about how he and the Executive Council decide to oust HKTV.

Wong said that the public were angry - more than 80,000 of them took to the streets last Sunday - not because they were unhappy about the loss of HKTV in particular, but because of this government failure to explain itself.

"Let's put all the political theories behind us, and stop debates on whether citizens should have the right to elect the chief executive. But are you meddling with my choice of entertainment or TV station? Must we all buy the type of toilet paper designated by the government?"

In the eyes of his peers in the telecoms and media industries, Wong, who has two children, is a very smart man who loves challenging the status quo.

"He is full of confidence. As for whether he is arrogant, I would say: not really. He just says no to nonsense," IT lawmaker Charles Mok said.

Media veteran and political commentator Stephen Shiu Yeuk-yuen also has a high regard for the man, describing him as among the "top 10 business heroes of Hong Kong".

"He created two miracles - one in long-distance calls and another in broadband business."

The two successful licence applicants, PCCW's Hong Kong Television Entertainment Company and i-Cable's Fantastic TV, are both backed by top businesses. Wong built his billion-dollar empire from scratch.

Beijing loyalist Ng Hong-mun said Wong was an example of the "Lion Rock spirit": you work hard to succeed.

Wong finished Form Five at Munsang College in 1979, and then partnered with two classmates to open a tutorial school in Mong Kok. The three each contributed HK$1,000 in capital, and earned HK$40,000 by attracting 400 students to the school.

Entering the department of electronic engineering at Chinese University, he figured out another way to earn extra cash: selling textbooks to his classmates. The books were quite expensive in Hong Kong shops, so Wong flew to Taiwan to source them.

IBM gave him a job as a management trainee once he graduated. In 1989, Wong migrated to Canada and started a computer trading company with his cousin, specialising in offering long-distance calls on the cheap.

Noting the business potential in Hong Kong, Wong moved back home, and then founded City Telecom.

City Telecom (CTI) leased capacity from US telecoms companies to benefit from the lower rates on calls originating from that country. This introduction of callback technology broke the monopoly of Hongkong Telecom in long-distance calls.

"Before CTI's participation in the market, long-distance calls used to cost more than HK$10 a minute in the 1990s. Now a call to Canada can cost less than HK$1, and only a few dollars more for other countries," lawmaker Mok said.

A series of commercials promoting its IDD service earned Wong praise as a "marketing genius", but not without controversy. One ad that featured a sexy woman and a narrative saying "get as much as you want" became infamous.

CTI also started offering internet broadband services under Hong Kong Broadband Network in 2000.

But it was in 2008 that Wong became a household name.

He was with Asia Television for just 12 days, making him the shortest-lived CEO at the station. Wong's management style, and his contention that "ATV shouldn't be CCTV on channel 10" proved too much for the station to handle.

But his TV dream did not end there.

After filing an application for a licence in 2009, CTI sold all its telecommunications-related businesses in April. The company was renamed HKTV, signalling Wong's full devotion to the TV business.

"Doing telecommunications was no longer challenging for me," Wong told an audience of 3,000 at a Hong Kong public forum last week.

"I couldn't take it anymore. Several million dollars would fall into my pocket if I simply sat there and did nothing.

"I want to do something I like, a job that will make me want to go to work everyday."

Wong symbolises a green light for change. The respect for him did not waver after his decision to fire 320 staff members in the wake of the licence rejection.

HKTV actress Rain Lau Yuk-chui said: "A silly man dumping so much money into the TV business - such a chance is hard to come by. It is vital to have such a person to foster growth for the industry.

"Mr Wong loves challenges," she added.

The station's chief director of drama productions, So Man-chung, went further, comparing Wong to late Apple founder Steve Jobs and HKTV to Disney entertainment pioneer Pixar.

"Ricky is always humble when asking questions. He wants to learn every technique, and he respects the work of everyone, even drivers. He uses his actions to show his sincerity, and anyone can talk to him one on one."

Now Wong faces the biggest obstacle of his career. Some friends have suggested that he turn to local politics. But he has decided against taking that step for the moment.

Wong thinks he can do more good for Hong Kong doing business than by organising social movements
.

"I'm not a democracy fighter. I'm a bit leftist," said the member of the Zhejiang committee of the Chinese People's Political Consultative Conference.

---------------

Ricky Wong Wai-kay

Age: 51
Education:
Munsang College
BSc in electrical engineering, Chinese University
Career
1985: Worked at IBM as management trainee
1989: Migrated to Canada where he started a computer trading company with his cousin Paul Cheung Chi-kin, focusing on long-distance calls
1992: Started City Telecom in Hong Kong
2000: Hong Kong Broadband Network, a subsidiary of City Telecom, obtained the local wireless Fixed Telecommunications Network Services licence
2003: Hong Kong Broadband Network launched pay-TV service
2009: Application lodged for free-to-air TV licence
2013: The government announces it has rejected HKTV's free-to-air licence bid

********

Article 3:

Why granting a licence to HKTV would be good for the market

Source:  SCMP (Editorial/Opinion piece)

It took an act of divine intervention to deny Hong Kong Television (HKTV) a free-to-air licence in the recent government exercise, I can exclusively reveal.

Consider the circumstances: there are four existing players in the TV market, two with free-to-air licences (TVB and ATV) and two with cable operations (Now TV owned by PCCW, and i-Cable owned by Wharf). There were three applicants for new free-to-air licences: the two cable operators, and HKTV, owned by maverick media personality Ricky Wong Wai-kay.

The government had previously indicated that there was no limit to the number of additional licences that could be issued. The Broadcasting Authority, the principal advisory body, had supported all three applications.

In the circumstances, the decision by the Chief Executive in Council, after more than two years of consideration within the administration, came as something of a surprise: there would after all be a limit on the number of new licences issued, the successful ones were those by the incumbent cable operators and the sole new bidder would be the only applicant to miss out.

Does this result ring any bells? Regular churchgoers will have spotted the parallel immediately. The Gospel according to Saint Matthew, Chapter 13, Verse 12: "For whosoever hath, to him shall be given, and he shall have more abundance…"

Enough frivolity, we must blow away some of the froth and focus on key issues.

Let us deal with the froth first. Of course, final authority rests with the Chief Executive in Council and of course the contents of its deliberations must remain confidential. And there is absolutely no way a previous minister would or could have promised HKTV that a licence would be granted. Bearing in mind all the hoops to jump through, it is simply not in the minister's gift. The most anyone could have said is that interested parties were free to apply if they felt they met the conditions.

All that said, given the political storm fast erupting, it is essential that the government give a much more detailed explanation for its thinking.

The main angle that needs to be addressed is the administration's commitment to open competition. It is sometimes overlooked that the minister responsible for broadcasting issues - the secretary for commerce and economic development - is also responsible for competition policy.

One explanation for the decision to approve only two licences is a consultant's report, which suggested the market could only support a total of four free-to-air licences.

But that report presumably does not tell us which four, and the traditional Hong Kong way of settling an issue like this is to let the market decide: give all qualified applicants a licence and see who survives.

The consultant could be wrong: it might be only three, it could be all five. But the government should not be taking the decision on the public's behalf; it should be made by consumer choice.

If we set the purest option on one side for a moment, and accept that the market should be expanded "step by step", then the question arises who should get the first new licences.

From the perspective of competition policy, priority should surely be given to new applicants not already present in the market, provided they meet the minimum conditions.

Since all three applications were endorsed by the Broadcasting Authority, we can assume that HKTV did meet the conditions.

The logic here is that a new entrant is starting from scratch and needs time and space to build up market share. Existing operators would still be able to join in later because they have a base from which to grow, whereas the new guy would find it very difficult to start out when there were already four free-to-air licencees out there.

So, there you have it, even if HKTV were judged to be the weakest of the new applicants (and we do not know for sure that was the case), provided it met minimum conditions, the company should still have got the first new licence to be issued, on competition policy grounds.

Before closing, I should finish the quote from Mathew which I began above "…but whosoever hath not, from him shall be taken away even that he hath."

Poor Ricky. We should all remember him in our prayers.

Mike Rowse is managing director of Stanton Chase International and an adjunct professor at the Chinese University of Hong Kong. 

******

Article 4:  

Exco’s HKTV deliberations are confidential, says Leung Chun-ying

Source:  SCMP

Chief Executive Leung Chun-ying on Tuesday once again refused to explain why his government had snubbed Hong Kong Television Network’s application for a free-to-air television licences, maintaining that Executive Council deliberations had to be kept confidential.

Leung had previously refused calls to reveal the rationale behind the government’s rejection of HKTV’s bid by citing the fact that judicial proceedings were ongoing. But, on Monday, Philip Li Koi-hop of the political fringe group People’s Opposition Party withdrew his application for a judicial review.

Asked on Tuesday if it was now time to explain the decision, Leung said on Tuesday before an Exco meeting, “It does not matter if there is a judicial review or not, the government does things in accordance with the established mechanism.”

“As we all know, Exco has long operated on the basis of confidentiality and collective responsibility. It was the same before the 1997 handover,” Leung said. “We must stick to this system”.

HKTV, the most high-profile of three licence applicants, and most anticipated by viewers, was left out when the government announced it would grant licences only to the two other applicants– i-Cable’s Fantastic TV and PCCW’s HK Television Entertainment Company.

The decision not to grant HKTV a licence drew an 80,000-strong march 10 days ago, followed by a week-long protest outside the government headquarters. Thirty-four lawmakers – including pan-democrats and some from the pro-establishment camp – have signed a petition pressing his administration to give HKTV a licence.

As the controversy continues, Leung’s score in a popularity survey by Chinese University has fallen to its lowest-ever level.

UPDATES on free TV license issue and HKTV protests

Here are a few recent articles (from yesterday and today) from SCMP that provide some good updates on the whole licensing issue as well as some of the highlights from HKTV’s ongoing protests in front of government headquarters (though the latest news from HKTV Trade Union’s Facebook page is that they will stop camping out in front of government headquarters and send everyone home to rest, since they have another big rally scheduled for November 6^th).

With regard to the specific articles below….

While on the one hand, I’m happy to see all the support that HKTV has been getting, especially from high profile stars like Chow Yun Fat and Andy Lau, the situation is actually looking more and more grim as the days go on.   As much as I hate to say it, HKTV’s chances of getting a license are pretty much zero at this point (I explain why in the comments to some of my previous posts) and despite all the support for HKTV from the HK general public as well as from so many celebrities, there’s basically no chance in hell that Chief Executive C.Y. Leung is going to take any action on the matter (HKTV Trade Union gave the Chief Executive 7 days to provide an explanation and he obviously ignored that deadline).  With the type of leadership they have currently, well, unfortunately, HK is officially ‘screwed’…..

I also wanted to make a quick comment about the Frankie Lam article.  I was actually a bit saddened when I read it because I truly do like Frankie and Kenix (both are definitely on my ‘favorites’ list in terms of actors and actresses I like watching) – it will definitely be unfortunate if they do decide to move out of HK because of  all the issues with the city.  So I guess this means we can add Frankie and Kenix to the list of artists who will no longer be active in the HK entertainment industry in the near future (in addition to Deno Cheung, Wilson Tsui, Rain Lau, and others who have said that they will likely change professions if things don’t work out with the license thing).  Oh and let’s not forget Benji and Lesley, whose careers are pretty much over now (which I’m definitely saddened over because both of them have such great potential in music).  I actually dread seeing how this whole issue is going to ultimately end because so far, I don’t like what I’m seeing.  I hate to be pessimistic, but I can’t help thinking that the fallout from this issue is going to be worse than we expected and that the ‘casualties’ resulting from this free TV license war are only going to increase as the months go on….

***************

Article 1:  

Andy Lau among celebrities to add support to last night of HKTV protest

Source:  South China Morning Post

Celebrities, including actor Andy Lau Tak-wah, offered their support to the tens of thousands of protesters outside government headquarters last night.

It was the sixth and probably final night of the week-long protest of the government's decision to deny Hong Kong Television Network's (HKTV) free-to-air TV licence application.

The space outside Tamar government headquarters, also known as Civic Square, and Tin Mei Avenue were packed within half an hour of the protest start at 8pm.

Those who were unable to squeeze into the space were later directed to Tamar Park and the Legco car park.

HKTV crew and actors, as well as industry veterans, took turns to share their thoughts on stage.

Celebrities including Anita Yuen Wing-yee and Ekin Cheng were also among the protestors captured in a film shown on big screens erected in Civic Square. Actor Paul Chun Pui also appeared on stage with his children, HKTV artists Benji and Lesley Chiang.

HKTV staff union chairman Henry Yeung Chi-ho estimated more than 100,000 people attended the rally.

Police said that by 10.30pm, the number peaked at 11,900.

Singer and actor Andy Lau, whom some joked would make an ideal chief executive candidate because of his popularity, showed his support in a video broadcast at the rally. When his message was shown on screen, some screamed: "The chief executive speaks!"

The crowd's emotions were stirred when British singer Kashy Keegan performed his London Olympics anthem This is My Dream. The song was later adopted by HKTV.

"I'm really touched people have embraced the song and got behind it ... It's about persevering," said Keegan.

Lyricist Lin Xi also drew a big response from the crowd. "The nature of creativity is revolution," he said. "If you talk about your dream, and no one says you're crazy, your dream stinks like preserved fish."

Veteran actor Chun's arrival on stage came as a surprise. "Support HKTV!" he exclaimed. "When I said I wanted to enter the industry, my parents said, 'You've got to work hard and be prepared.'

"Now my daughter has asked me the same question, and I gave her the same answer. She can do it as long as she likes it and is willing to work hard. But how would I know if the government thinks otherwise?"

Actress Yoyo Mung Ka-wai said: "I have always thought there could only be improvements when there is competition. Why should we make ourselves stop? Why can't we be given the chance to improve?"

Annie Lee, a fashion retailer, was at the rally with her husband, who is a civil servant at the Labour Department. She said they had been sitting outside government headquarters every evening since Sunday, and that they would bring their three children with them to future rallies.

"It's unacceptable that the government ignored the people's will without giving a reason," said Lee.

******

Article 2:

Frankie Lam vows to quit HK if government refuses HKTV a licence

Source:  South China Morning Post

A top actor with Hong Kong Television Network says his family will consider leaving the city if the government is adamant about refusing HKTV's free-to-air television licence application.

Frankie Lam Man-lung described himself as "a Hongkonger through and through".

But the government's defence of its licensing decision, without giving a reason, stirred up very gloomy sentiments in both him and his wife, actress Kenix Kwok Ho-ying, about the future of this city, he said.

Lam launched his tirade against the decision in an interview yesterday with the South China Morning Post.

"Hong Kong has turned into a mess. How can people still believe that justice can be upheld in our society?" Lam asked.

"There have been many failed policies, including his [the chief executive's] own illegal structures, since he took office. But still I thought we could give him some time if he admitted his mistakes sincerely.

"If the national education [curriculum] is introduced, I can still choose to send my daughter overseas to study.
But now, this dispute is simply forcing people to turn political," the father of a three-year-old said, during the interview at Hotel Icon.

The couple had agreed to leave the city if there was no turnaround, he said.

Lam said the HKTV rally outside the government headquarters was the only protest he had joined in more than two decades. The last time he joined a protest was in 1989, after the June 4 Tiananmen Square crackdown.

A leading man in countless television dramas, Lam has been in show business for 20 years. He left TVB two years ago to join the new HKTV venture chaired by Ricky Wong Wai-kay and said he has no regrets. "I would never regret that because this is where I have found happiness through the quality of work," he said.

He worked non-stop for five days and nights shooting a TVB drama and sacrifices were made on the show's quality - in a network with no competition.

But at HKTV, he said, Wong would accept nothing but the best. "We are shooting dramas of movie standard. The equipment and the scripts are of the highest standards, and actors get enough rest to enjoy acting and ponder their characters."

******

Article 3:

Singer Benji Chiang says he fears his singing career is over

Source:  South China Morning Post

Little more than a week ago, Benji Chiang had high hopes for his career as a musician and actor.
Now he's worried he may completely disappear from Hong Kong television.

"I just got KO'd from the industry altogether [by last week's decision by the government not to give Hong Kong Television Network a free-to-air television licence]," the 32-year-old said.

Unlike other former TVB entertainers who have been invited to rejoin the leading free-to-air channel's "big family", Chiang said his chances were slim. "I'm blacklisted," he claimed.

Chiang was sacked in 2011 after seven years as a host of TVB's music programme Global Rhythm and less than a year after he and his sister - as Benji and Lesley - won bronze in the group category of TVB's Jade Solid Gold Best Ten Music Awards for their album, Showtime.

It marked the first time the award had gone to a self-funded album.

Chiang, son of award-winning actor Paul Chun, said he was sacked after being seen at a party hosted by HKTV chief Ricky Wong Wai-kay.

"A production assistant sent me a message saying 'programme direction change, MC change, thank you'."

He then suffered from depression.

Chiang saw hope when HKTV's Wong approached him, offering him acting jobs and a free hand in direction of music programmes, but now he feels he has lost his future. "I have cried three times a day over the past week," he said. "But I won't give up."

Chiang was among tens of thousands of people who took to the streets on Sunday to protest against the government's decision to deny HKTV a licence without an explanation.

He said the decision meant there would be no change to Hong Kong's music scene, which had been strangled by lack of competition in the television industry.

His TVB show, first aired at 11pm, was then put back to 1.30am and eventually ran at 3.30am. TVB's long-time weekly music chart show Jade Solid Gold was turned into a game show. Young people didn't get a chance to learn about local musicians on television, so they turned to pop music from elsewhere, he said.

TVB host Eric Tsang Chi-wai, who stepped down yesterday as chairman of the Performing Artistes Guild after it was criticised for an ambiguous response to the licence row, said the guild had been fighting for the rights of its members and had called upon stations to hire former HKTV staff. He said TVB had extended an invitation, while Cable TV and Now TV had also expressed a willingness to hire.

"From the artists' point of view, the more licences, the better," he said.

The guild came under fire after it did not put its name to a declaration signed by other film industry associations. Tsang said he stepped down as chairman to take responsibility and to protect the guild from negative comments.

*******

Article 4:  

Bid to use special Legco powers to investigate HKTV case falters

Source:  SCMP

Pan-democrats have lost their initial attempt to invoke the legislature's powers to order an investigation into the government decision to deny Hong Kong Television Network a free-to-air television licence.

A motion to apply the Legco (Powers and Privileges) Ordinance was defeated 27 to 33 in the House Committee of the Legislative Council yesterday.

Most pro-establishment members who had spoken out strongly against the government's decision did not put their words into action. All of the "yes" votes came from pan-democrats.

Tabled by information technology representative Charles Mok, the motion was intended to force the government to produce all relevant papers involved in the vetting and approval of licence applications.

One lawmaker abstained, while seven others, including Liberal Party leader James Tien Pei-chun and Labour Party pan-democrat Cyd Ho Sau-lan, neither voted nor abstained.

HKTV chairman Ricky Wong Wai-kay said: "I'm very disappointed … Why are lawmakers not listening to public opinion that overwhelmingly supports the revelation [of documents]? Everyone wants to know the truth."

Mok will have a second chance to table the motion at the full council meeting on November 6.

However, the motion faces a higher threshold at the full meeting. Instead of the simple majority needed on the committee, Mok must achieve majority support in both geographical and functional constituencies, which have 35 legislators in each.

Earlier, Tien had failed to get his Beijing-loyalist allies to sign up to a petition with the pan-democratic camp to appeal for a licence for HKTV. Tien had also indicated that all five Liberal Party lawmakers would support the motion in principle.

Yesterday, he did not vote at all on the motion, and the other four Liberal lawmakers voted against it.

Ma Fung-kwok, lawmaker for sports, performing arts, culture and publication, abstained from the vote, despite having joined calls for an explanation of the rationale behind HKTV's fallout.

The motion failed despite a last-minute amendment by Mok limiting the scope of any disclosure of non-confidential files.

Beijing loyalists expressed concern over a looming judicial review and the Executive Council's confidentiality rule.

Michael Tien Puk-sun of the New People's Party, who did not vote, said Exco's files and records risked being exposed by invoking the ordinance.

"A judicial review is the most effective way to force an official explanation," he said.

Wong will file a legal challenge in "two to three weeks".

**********

Article 5:

Hong Kong's opaque governance exposes Exco as a joke

Source:  SCMP

What purpose is served by the Executive Council? This question comes into sharp focus in the wake of the current TV licensing debacle.

Executive councils were an integral part of the British colonial system, established to ensure governors had the local elite on their side and to provide yet more opportunities to reward allies with the trappings of high office. Notably in Hong Kong, the old executive councils also gave the biggest colonial companies a seat at the top table to ensure the preservation of their interests.

Since their establishment, Excos have largely comprised of senior bureaucrats who run government departments. They are rarely prepared to put their careers on the line by upsetting their bosses, so it is safe to assume that, generally speaking, the advice they proffer is what the boss wants to hear.

No wonder this system appealed to Beijing and the old Exco was incorporated into the new constitution. The Basic Law, however, sheds little light on its functions, merely saying that it "shall be an organ for assisting the Chief Executive in policy-making".

There is now intense controversy over whether its members supported, opposed or even seriously considered the new TV licensing regime that has sparked mass protests. One member, Laura Cha Shih May-lung, has a conflict of interest on this matter but the black-box style of governance favoured by the Leung Chun-ying regime will not even reveal whether this was declared.

Most members of the current Exco, like those of previous councils, are little more than time-servers whose main asset is their loyalty to the chief executive. This situation is not so very different from that which prevailed in the past.

To be fair to Leung, he appointed Lam Woon-kwong as convenor of his Exco. Lam has proved to be independently minded and showed some spirit in leading the Equal Opportunities Commission. It is also possible to make the case for the independence of thought of two other Exco members: Anna Wu Hung-yuk and Bernard Chan. Regina Ip Lau Suk-yee is a wild card but reserves her independence of mind to focus on personal ambitions.

So, in theory, the current Exco has the potential to provide a better source of advice than its predecessors. The important caveat is that, under the Basic Law, the chief executive is not obliged to accept their advice but members, by convention, are obliged to back whatever policy he pursues.

It is rumoured that there was dissent in Exco over the TV licensing decision. It is equally possible that the government's policy simply went through on the nod.

Whatever the truth, the only tangible evidence we have of the fruits of the current Exco's labours is a series of disasters, ranging from the national education debacle to the more personal issues of dealing with corrupt officials and Leung's own illegal structures.

If it is the case that sensible advice was offered by Exco members and that it has been ignored by the chief executive, why are those who gave this advice still members? However, it may be that Exco members either did not spot the political minefields the chief executive intended to ignite or, if they did, kept silent. If this is so, they are worse than useless.

The system does not work now, and might not do so in the unlikely event that a democratic system is devised for electing the chief executive soon. Bereft of the proper checks and balances combined with genuine accountability that make governments function better, Exco is likely to remain an obstacle to good administration and even more likely to continue being the kind of running farce that it is today.

Stephen Vines is a Hong Kong-based journalist and entrepreneur

SCMP Editorial: Why quality TV in Hong Kong is dead - and won't be resurrected

Below is a very interesting Opinion piece from SCMP.  The writer of the piece couldn’t have said it any better!  As a long-time follower of HK entertainment and someone who has personally witnessed how greatly television impacts society, I couldn’t agree more with what this SCMP writer wrote (and obviously she knows her stuff, as this is one of those rare English language articles I’ve read that actually got the ‘historical’ piece right!).

People who look at this whole licensing issue merely from a ‘HKTV is a sore loser’ and ‘what’s the big deal – it’s only a TV station’ perspective obviously don’t understand the historical context behind the whole issue as well as the social implications.  Perhaps only those of us who’ve been around a long time and have followed the entertainment industry so closely for several decades are truly able to understand and appreciate the importance of the entertainment industry in HK from a social context.   

I’ve read a lot of comments lately about how much people hate Ricky Wong and are therefore glad that HKTV didn’t get a license – I know I’m probably offending a lot of people when I say this, but those who think that way are idiots (pardon my language) and obviously aren’t able to look beyond the surface of what this issue is truly about.  As I’ve said from the beginning (you guys can go back and read my previous rants on the TV license wars if you want), this isn’t about Ricky Wong – you can hate him all you want (I personally still have reservations about him, as I’ve stated repeatedly in my previous posts), but to me, disliking a particular person isn’t reason enough to justify stifling the HK creative industry.  Those of you who are able to look beyond the ‘face’ of HKTV (Ricky Wong) and understand the social impact of this free TV licensing decision will probably understand what I’m trying to get at and also understand why so many entertainment industry people – even those who work for HKTV’s rivals – are outraged by the decision. 

Honestly, no one is trying to ‘force’ people to support HKTV or Ricky Wong (though of course, some people out there believe that criticizing the government’s decision is equivalent to supporting HKTV, which actually isn’t true at all).  To many of us, what HKTV represents – the ‘ideals’ of creative freedom, the chance to realize one’s dream, reigniting a passion for one’s craft, striving to bring back quality entertainment, etc. – is actually what we as Hong Kongers are concerned about and are fighting hard to uphold.  It’s not about whether you’re a supporter of TVB or HKTV (those of you who know me know that I’m a supporter of both stations and continue to be to this day) – rather, it’s a question of how you identify with HK and what values / ideals you feel are worth fighting for.  Perhaps if people personalize the issue in this way, it will help them better understand and accept each other’s different opinions on the matter.

.*****.

Why quality TV in Hong Kong is dead - and won't be resurrected

Written by Vivienne Chow

Source:  South China Morning Post

It’s been over a week since the decision was made and despite tens of thousands taking to the streets on Sunday the government remains tight-lipped over why it chose to go against the original television policy and denied Hong Kong Television Network’s (HKTV) bid for a free-to-air TV licence.

Conspiracy theories speculating the reasons behind HKTV’s failure have been circulating and are getting more creative than the station’s own drama series: its chairman Ricky Wong Wai-kay’s questionable financial sources and alleged connection with Next Media’s Jimmy Lai; Wong’s aggressiveness in pressing for the granting of a licence has allegedly offended the government; some in the government or the Executive Council were trying to protect the existing domestic free TV stations.

Apparently the saga already escalated to a level that goes beyond why Hong Kong people are denied the chance to watch the 300 hours of HK$200 million worth of dramas and infotainment programmes that HKTV has already produced. It is about the government’s accountability, public trust and social justice, which I already elaborated in detail in my personal blog Culture Shock (www.viviennechow.com). However, there is one issue I didn’t touch upon, which is the construction of a Hong Kong cultural identity.

What makes HKTV stand out from the other two applicants that will be granted licences - i-Cable’s Fantastic TV and PCCW’s Hong Kong Television Entertainment – is that HKTV focuses on drama and infotainment programmes.

It is a stark contrast with the plans of the other two stations which will be focusing on lifestyle and news programmes, which are already running in their pay-TV subsidiaries Cable TV (i-Cable) and Now TV (PCCW). Wong kept emphasising his political indifference and his determination to focus on entertainment rather than current affairs programmes. But apparently this could be where the problem lies.

While news and current affairs programmes are important indicators of a city’s freedom of speech, TV dramas are among the most powerful tools for the construction of a cultural identity and the spreading of ideologies. This was recognised at academic and government level. In New Zealand’s The Social Report 2010, content programming on television was identified as the primary indicator that “television is the dominant cultural medium for most New Zealanders”, and hence television has a strong influence on how New Zealanders see themselves. Television was an integral part of the daily routine of some people, according to scholar James Lull, and as a result, what is portrayed on TV, fictional or not, will certainly influence people’s way of thinking.

This was exactly the case in Hong Kong. TVB was launched as the city’s first free-to-air broadcaster in November 1967 – just after violence began to subside after a series of leftist riots that killed 51 people. Night time daily variety show Enjoy Yourself Tonight, which promoted a new way to relax and enjoy the evening after a long day of work and dinner, became an important programme in TVB’s schedule. The satirical elements in the show became a channel for viewers to vent their discontent with society. The popularity of the programme also helped deter people from roaming the streets – keeping the society in order after the riots using a cultural tool.

Television in the 1970s was influenced by the economic boom. Drama series reflecting the newfound modernity Hong Kong was experiencing at the time were rolled out one after another: there was the epic 129-episode drama Hotel (1976), A House Is Not A Home (家變) in 1977, Conflict (奮鬥) and The Giant in 1978, and the classic The Good, the Bad and the Ugly (網中人) in 1979.

And from these series, people adopted the idea that success was defined by one’s achievements in the business world, and everybody had a chance as long as you worked hard on it. It also shaped people’s perspective of the world – the lazy and dumb mainland immigrant Ah Chan portrayed by Liu Wai-hung in The Good, the Bad and the Ugly pretty much defined how Hongkongers viewed mainlanders back in those days.

On the other hand, there was leeway for experiment – Seven Women: Miu Kam-fung (1976) was a ground-breaking TV film in which Patrick Tam Ka-ming paid homage to French New Wave auteur Jean-Luc Godard.

The intense competition between TVB and Rediffusion Television (the forerunner of ATV) demanded for quality productions, and the TV industry became a cradle for today’s best-known film talents, from directors Ann Hui On-wah and Johnnie To Kei-fung to actors Tony Leung Chiu-wai and Andy Lau Tak-wah. ATV, on the other hand, exported acclaimed actors Chapman To and Cheung Ka-fai.

TV dramas also became cultural products exported to Southeast Asia and Chinese-speaking communities around the world. It was the pride of Hong Kong.

Canto-pop, which was created largely evolving around TV dramas, was also exported to the rest of the world. Hong Kong was a leader only after Japan. TV dramas telling authentic Hong Kong stories constructed a unique Hong Kong cultural identity.

But the legend of Hong Kong television no longer lives. As TVB wins the ratings even with poorly produced programmes, quality and creativity in TV industry has reached a new low. And at the same time, standard of TV productions from South Korea, mainland China, Taiwan and even Southeast Asia surpassed that of Hong Kong.

As local news and current affairs programmes already have little market value overseas, demand for Hong Kong TV products is diminishing, possibly to a level that Hong Kong might lose its cultural pride and influence in the region.

If more quality dramas can be produced and exported, the dampened Hong Kong spirit could be revived. But the station that vowed to produce dramas has been ousted.

Could it be that someone out there doesn’t want Hongkongers to retain a Hong Kong cultural identity?

'TVB Family Culture' -- some upcoming changes at TVB

** HOT OFF THE PRESS **

TVB’s chairman Norman Leung just announced that they will be making a lot of changes and instituting what they call “TVB family culture”.  He said he was inspired by veteran actor Liu Kai Chi’s interview (I’m assuming he meant the long, in-depth interview that Uncle Chi did with Mingpao, which was a great interview by the way) and is instituting changes because he wants people who work for TVB to feel proud to work for them – also, he said that if other TV stations (referring to HKTV) can do it (referring to all the things that HKTV has done for its artists), TVB should be able to do it way better.

While on the one hand I’m happy to see TVB finally willing to make changes that will benefit their artists and are putting in the effort to recreate the ‘family’ atmosphere that defined them back in the 70s and 80s (and early 90s to some extent), part of me can’t help but think that these changes are ‘too little, too late’.  With all the ‘damage’ that has already been done, it’s going to be difficult for them to turn things around without a lot of hard effort….plus, right now, it’s all talk – until these changes are put into action and we start seeing the results, I’m not too confident that TVB will be able to pull it off.  

Also, the 15-20 years or so of TVB treating their artists like crap is definitely not going to be easy to reverse....besides, there are other policies that they need to look at as well that had a huge hand in putting them in the rut they’re in today.  With these changes, it's definitely a step in the right direction, but how effective it will be remains to be seen...let’s wait and see though….

****

Below is the translation of the article that outlines the new plan…

Source:  kuangai TVB’s weibo

(I’ll post the link to the actual article from its original news source later on…)

Yesterday, TVB’s chairman Norman Leung attended the celebration dinner for Triumph in the Skies II.  Of course, the ‘hot topic’ of late has been the free TV license debacle and Ricky Wong’s HKTV.  Despite losing their jobs, all of the HKTV staff have stood by Mr. Wong and supported him, with not a single person blaming him for the situation – to be honest, this is something that we’ve never seen happen at TVB.  In addition, veteran actor Liu Kai Chi (廖啟智) accepted an interview with a magazine earlier in which he detailed very clearly, point by point, why he decided to leave TVB (after close to 30 years of service) – it wasn’t a decision made in haste or out of a fit of anger.  Rather, it was because some of the clauses in TVB’s contracts were too ‘bizarre’ and ‘insulting’ to artists.  At the end of the day, the biggest reason why things eventually got to this point – TVB’s monopoly and the lack of competition to challenge them. The emergence of Ricky Wong gave these television artists new hope and reignited in them the passion and love for their craft that had long since disappeared.  

Now, it seems that even TVB has finally ‘woken up’ and realizes that something has to be done.  At the dinner, Norman Leung went onstage to give his customary speech, during which he expressed that over the weekend, he read the interview that Liu Kai Chi did and that inspired him to immediately institute a few changes:  “Effective immediately, I would like to start cultivating a ‘TVB family culture’.  As part of the management team, my hope is that members of our TVB family will truly feel proud that they are part of our family and that everyone will see our progress.”

Mr. Leung continues:  “This new TVB family culture consists of 4 main things:  first is that our artists need to feel respected; second is that work hours need to be reasonable; third, compensation needs to be reasonable and fair; fourth is that all artists need to be given opportunities to perform.”

“In terms of the work hours, the memo has already been sent out:  work hours will be based on ‘shifts’ going forward.  Each shift will be 10 hours, but can be extended to 11 hours if needed on certain occasions – anything over 11 hours must be approved by the director of production.  For on location filming, the shift can extend up to 12 hours, however anything over 14 hours will require approval from the director of production.  With this change, we hope that artists will be able to get sufficient rest.  At the same time, we already implemented the requirement that all scripts must be 80% complete before filming starts so that the production team can have sufficient time to prepare.  Even though all these changes will cause production overhead to increase, that’s okay because our goal is to make quality series and also create a good working environment for our staff.”

Mr. Leung concluded his speech with the following words of encouragement to his staff:  “If other TV stations are able to do it, TVB will definitely be able to do it too – not only that, we should be able to do it better!  I don’t care whether you’re Mr. Wong, Mr. Lee, Mr. Ma, or Mr. Cow – I’m absolutely certain that we [TVB] are up to the challenge and will absolutely do it better than you!”

NEWS ARTICLE: Calls for government to explain denial of free-TV licence to HKTV mount

Here’s the latest article that came out today on the licensing issue.  As I’m sure everyone has heard by now, the protest against the lack of transparency in the government’s license issuance decision took place yesterday (there were actually 2 groups that organized the protest – HKTV staff as well as non-HKTV affiliated labor group).  The turnout for the protest was very strong – the ‘official’ estimate was that, at one point, there were close to 120,000 people who joined the rally in front of government headquarters.   In addition to many of the HKTV artists and behind the scenes personnel, there were many industry people who also joined the protest – it’s important to note that many of the non-HKTV affiliated people joined the protest not because they support HKTV or Ricky Wong, but because they felt that their basic rights as HK citizens were being violated with the way the government handled the free license decision….either way, both groups had a common goal:  demanding that the government show some accountability for their actions and provide a thorough explanation as to how they came up with their decision to issue only two licenses versus three.

As a Hong Konger myself, I would like to express how proud I was yesterday seeing so many of my fellow Hong Kongers coming together and putting up a united front against the government in the hopes of protecting our city’s important core values.   As I’ve said before on my blog and elsewhere, this issue has now gone beyond merely an ‘entertainment industry’ issue...it’s no longer about whether HKTV gets a license or not – rather, it’s about protecting our basic rights as HK citizens from a seemingly ‘corrupt’ government that has no respect for its own people (and of course, there’s the bigger political issue of the Mainland government controlling HK and having a hand in the decision).

At the end of the day, it will be interesting to see how this issue pans out, especially given the tremendous pressure that the public has placed on the government to explain their decision.  In fact, even the legislators and other politicians in government who weren’t involved in the decision are pushing for the Executive Council as well as the Chief Executive to give a thorough explanation (the part I found the most interesting was where it stated in the article that most of the legislators in government were in favor of issuing all 3 licenses…well, at least that’s what they claim….).

Basically, it looks like new information is coming out practically every day on this issue, though of course we all know that the issue won’t truly be ‘over’ until the government actually responds to the public’s request for an explanation.  Let’s see how long this issue drags out (though for the sake of the HKTV employees who are or will be out of a job, I hope this issue ends quickly so that they can get the proper closure they need to move on with their lives).

.*******.

Calls for government to explain denial of free-TV licence to HKTV mount

Source:  South China Morning Post

More current and former executive councillors are urging the government to explain its rejection of Hong Kong Television Network's bid for a free-to-air television licence, as consensus builds across the political spectrum that a third licence should be granted.

The mounting pressure comes as HKTV staff continue their sit-in outside government headquarters after a march brought tens of thousands of protesters to Tamar on Sunday.

Calls for an explanation came from Exco member Starry Lee Wai-king and former Exco member Henry Tang Ying-yen, while executive councillor Regina Ip Lau Suk-yee suggested HKTV could appeal.

The government, meanwhile, issued its sixth statement - including officials' public speeches - since its controversial announcement last week granting licences to i-Cable's Fantastic TV and PCCW's Hong Kong Television Entertainment but not to Ricky Wong Wai-kay's HKTV.

It reiterated its stock position that the decision included "no political consideration" and was made after the assessment of "all relevant factors".

Pan-democrats have shown support for a joint petition planned by pro-government lawmaker James Tien Pei-chun to press for a licence for HKTV.

But at the same time they are seeking to invoke the Legislative Council's special powers to demand official documents behind the government's deliberations.

Tien called the letter, to be submitted to the chief executive and Exco, the "swiftest way" to resolve the saga.

"I have not heard from any parties that oppose the issue of all three licences so far," Tien said.

"If [Legco] were to investigate, it would take months ... If a licence is granted to HKTV now, staff can go back to work."

Pan-democrats including members of the Civic Party and Democratic Party said they supported Tien's proposal "in principle", depending on the final wording of the letter.

The 27-member camp is seeking to invoke the Legco (Powers and Privileges) Ordinance through the information technology and broadcasting panel to force the disclosure of all documents submitted by the administration to Exco, including consultancy reports.

Lee, of the Democratic Alliance for the Betterment and Progress of Hong Kong, said the government should consider disclosing further details despite HKTV's pending judicial review.

She said the party would decide on the powers and privileges invocation after hearing officials' explanation at next month's IT panel meeting.

Suggesting an appeal by HKTV, Ip, of the pro-government New People's Party, said: "The Exco receives a lot of appeal pleas. We would carefully consider a request from the failed applicant."

Fellow party member Michael Tien Puk-sun said he "cannot see why" he should vote down the pan-democrats' motion for an inquiry "if the government remains silent and refuses to disclose more information".

Tang, who spent 14 years on Exco, said the government owed the public an explanation.

The confidentiality rule did not mean the government had to keep the rationale behind the issuing of licences confidential, he said.

Legco president Jasper Tsang Yok-sing said the government had to evaluate whether it should reverse the rejection.

"The government has its own reasons … but it has to consider whether they are sufficiently important that it cannot change its original decision," he said.

Civil servants were surprised by the decision, as all the paperwork for three licences had been submitted to Exco.

"The bureau did the work and all the efforts were wasted," Federation of Civil Service Unions chief executive Leung Chau-ting said.


Video: HKTV supporters gather at Hong Kong government to protest against failed licence bid for second night

NEWS ARTICLE: HKTV chief director So Man-chung laments lost opportunities in licence rejection

One more interesting article for today about the license issue.  Yes, I know that this article tells us what we already know about TVB's lack of creativity and HKTV's more innovative, forward-thinking approach, but to me, hearing it said again in the face of the license rejection issue makes it 'hit home' even more.

****

HKTV chief director So Man-chung laments lost opportunities in licence rejection

Source:  South China Morning Post

As the credits rolled on the final episode of a television show that's been two years in the making, it was an emotional moment for everyone in the room.

Many on the production team behind the show have lost their jobs after Hong Kong Television Network (HKTV) missed out on a free-to-air licence last week. But worse, they say, is that viewers have been deprived of quality dramas - and none of their hard work will be seen on television.

"It's like killing a newborn baby in the hospital's delivery room - and it's the midwife who murders it," said chief director of drama production at HKTV, So Man-chung. "I can't help but cry when I watch the scenes I filmed. The government is supposed to nurture, not destroy, the city's creative industry." The HKTV staff had gathered at their Kwai Chung office to watch final screenings of series such as Borderline, which have been in production for the past two years.

"It's not just about losing our jobs," said So, who will remain at the station. "People look back at what they've done over the past two years with satisfaction about the shows they have made. Why, now, has the chance of them being aired been trashed?"

Some 320 jobs will go after the government rejected the station's licence application. Licences were granted to i-Cable and PCCW subsidiaries.

So and his colleagues had produced 150 hours of television in anticipation of winning the licence. The station decided to broadcast the first episode of Borderline on the internet, ahead of the licence announcement - the only one of the new works available in full. It has notched up over 804,000 hits on YouTube since it went up in June.

The station has tried to move away from the usual fare on local television, striving for film-like, US production values with snappy storytelling, darker lighting and more realistic scenes.

For So, moving from TVB to HKTV two years ago afforded him the opportunity to experiment with film-style narration, telling the story with images instead of dialogue. "It's like putting together a jigsaw puzzle. It's satisfying when the audience completes the picture on their own," So said. "People feel like they live in the story. That's why movies are touching."

He tried a similar approach at TVB on Lives of Omission. "But after the first 10 minutes I had to go back to the conventional style. TVB doesn't take risks. For Borderline, though, I could film it my way for the whole 1,000 minutes."

So said they spent double the time filming than when he made dramas at the TVB "factory". Scripts were written in advance instead of on the spot, and scenes were rehearsed before filming.

HKTV actress Rain Lau Yuk-chui said the station was doing groundbreaking work in its bid to produce something different. "We've risked our lives heading to volcanoes, caves and chasing cyclones," she said.

Lau also worked at TVB, where she said she felt disillusioned with the lack of creativity after two decades there. She worked on the mainland before returning to work at HKTV.

A different role at TVB just meant "putting on a different outfit and changing my name", she said. "That's all that made it a new character … I've stopped watching local dramas - it just makes my acting worse.

"There won't be any second chances for local television. Who else would be as naïve as [HKTV chairman Ricky] Wong, and dump that much cash into the industry again?"

NEWS ARTICLE: Filmmakers blast rejection of HKTV free-to-air licence

Here’s the article that came out today detailing the latest regarding the licensing issue.  There’s some good information in this article and while I don’t want to get my hopes up at this moment, I do consider it a good thing that so much attention is still being paid to this issue.  Sure, at the end of the day, the outcome probably won’t change (not that I’m really expecting it to either, since we’re dealing with the government after all), but hey, at least it will truly be a ‘fight to the finish’ rather than merely succumbing to the powers-that-be….

.****

Filmmakers blast rejection of HKTV free-to-air licence

Source:  SouthChina Morning Post

Hong Kong's filmmaking elite yesterday condemned the decision to reject HKTV's bid for a free-to-air television licence, saying it could sound the death knell for creative industries in the city.

It came ahead of a protest today over the decision that may see thousands take to the streets.

Meanwhile, lawmaker Cyd Ho Sau-lan confirmed she was two votes away from the support needed to invoke the Legislative Council's Powers and Privileges Ordinance at a Legco meeting on November 8 to access key documents related to the decision. They included minutes of Executive Council meetings and consultant reports.

Ho said she wanted to clarify reports indicating that the proper process may not have been followed.

At a media briefing yesterday, 10 guilds representing more than 1,000 industry professionals denounced the licence decision, saying it would kill off any hope of a revival of the city's television industry. They said TV was where the great film directors, actors and technical staff got their start.

Adding to their criticism of the government's move to knock back Hong Kong Television Network's bid, they said more competition was needed to shake up the industry, which lags five to seven years behind other places.

"We have grave concerns that Hong Kong's TV and creative industries will be forced down the path of regression," Hong Kong Directors Guild president Derek Yee Tung-sing said. "Who do those executive councillors think they are? How can they refuse to give an explanation?"

The guild's honorary president, Ng See-yuen, said he was disappointed that Chief Executive Leung Chun-ying had failed to keep his pre-election promise to support the creative industries.

Meanwhile, Ricky Wong Wai-kay, chairman of HKTV, told RTHK more about the approach he received from a government official in 2009 to lodge a bid for a licence.

"It was something more than an invitation" to apply for a licence, he said, adding that the details of this would be revealed in court.

He said he had not yet applied for a judicial review but once he did, the licences granted to iCable's Fantastic TV and PCCW's Hong Kong Television Entertainment Company could be delayed.

Three groups will converge on the government headquarters at Tamar, Admiralty, today to demand an explanation.

Free TV Action will begin its protest march to Tamar from Causeway Bay at 3pm.

Political commentator Ivan Choy Chi-keung said the issue could turn into a headache for the government like the mass rallies last year prompted by the proposed introduction of a national education curriculum.

Additional articles concerning the free TV license debacle

I know people are probably tired of reading about the whole free TV license debacle and I apologize to those who may be annoyed with the tremendous number of articles I’ve been posting on the topic.  It’s just that I’ve been following this issue for so long already (close to 3 years) and now that it’s over, I feel that I owe it to myself and HKTV to try and get as much information out there as possible.  Sure, nothing will change and at the end of the day, I will still feel extremely frustrated and disappointed (and angry and sad) at how this situation played out – but at least I can say that I tried as hard as I could to do my part.

I’m not going to comment too much about the articles below, as they pretty much speak for themselves (plus I’ve said WAY TOO MUCH the past couple of days on this issue already….)

Since I’ve already expressed my support for HKTV and all of its employees repeatedly on Weibo the past couple of days (and technically have been supporting behind the scenes via my blog and Weibo through all the stuff I’ve been posting about the company, its artists, and this whole license issue), I don’t see the need to rehash everything here.  All I’m going to say is this:

Best of luck to all of HKTV’s staff and also to Ricky Wong!   Regardless of who is right or wrong or who should take the blame for what, at the end of the day, I don’t really care anymore – I just hope that things work out for all of you (especially for the staff who got laid off) and, most importantly, that none of you give up on your dream.  Yes, I know for a fact that it will be easier said than done to continue persevering / pursuing one’s dream and passion in an entertainment environment that will most likely never accept it or allow it – after all, I’ve ‘followed’ the HK entertainment industry long enough to know how things work in that circle.   I know it’s useless to hope for change, since I’m well aware that the change you were all pushing for is never going to happen given the dismal state HK is in currently (and will continue to be in for decades to come) – but at least you can all be reassured by the fact that you put your hearts and souls into trying and that, along the way, you gained many supporters (like me) who share your passion and desire to make a difference.  Good luck and keep up that fighting spirit!

.*****.

Article 1:

Who's who of film unite to attack TV licence decision

Source:  South China Morning Post

A line-up of big names in the film industry will speak out at a media conference today on the serious impact they feel the government's television licensing decision will have on the city's cultural and creative industries.

Award-winning directors Derek Yee Tung-sing and Andrew Lau Wai-keung are among representatives from 10 industry groups who will detail how the outcome will affect investment and operation in the industries.

The government has been reluctant to explain why i-Cable and PCCW subsidiaries were successful in securing free-television licences but not Hong Kong Television Network (HKTV).

"It is not just about a lack of explanation," Federation of Hong Kong Filmmakers chairman Ng See-yuen said.

The licensing issue has dragged on for nearly four years. The Broadcasting Authority recommended in 2011 to approve all three applicants, in line with a 1998 television policy review that advocated an open market with unlimited free-to-air licences.

After losing the bid, HKTV chairman Ricky Wong Wai-kay laid off 320 staff and is preparing for a legal battle. The ensuing public outcry has seen nearly half a million signatures in a Facebook petition demanding HKTV get a licence. Thousands are expected to join a rally tomorrow.

"The television licences concern Hong Kong's needs, the society's demands and also the city's cultural and creative environment," Ng said. "This will also affect the future of the young."

Executive Council convenor Lam Woon-kwong refused to discuss the decision-making, citing confidentiality rules.

Former chief secretary Anson Chan Fang On-sang said the government owed Hongkongers an explanation about why it had broken its promise to allow unlimited licences. "Exco rules protect the confidentiality of advice tendered by individual members; they are not an excuse for refusing to disclose reasons for policy decisions that the public has a legitimate right to know," she said.

Director So Man-chung, of the HKTV staff union, said he expected 200 to 300 existing and former employees to join the Sunday action. The group will arrive at the government headquarters at 3pm and staff members will go on stage to share their experiences and grievances.

At the same time, Free TV Action - the group behind the Facebook page - will lead a protest march from the East Point Centre in Causeway Bay to the Tamar offices. Student group Scholarism has confirmed it will attend the protest.

****

Article 2:

Secretive U-turn by government may help Ricky Wong's cause

Source:  South China Morning Post

A clandestine change in a government policy on issuing free-television licences is likely to be a central argument in investor Ricky Wong Wai-kay's imminent court challenge of the decision to deny him entry to the market, two legal scholars say.

A shocked Wong had complained he was unaware the government was going to cap the number of new licences at two, after it said in 1998 that there would be no ceiling.

Law academics believe his case is "reasonably arguable". If Wong wins the judicial challenge, the court will probably send the case back to the Executive Council for reconsideration, they say.

Eric Cheung Tat-ming, principal law lecturer at the University of Hong Kong, also noted suggestions in the media that the government's aim in approving only two new players might be to ensure the survival of the beleaguered ATV. If that was the case, it would have erred in taking into account an irrelevant consideration, Cheung said.

"It cannot be right to limit the number of new licences in order to protect existing players," he said. "That is contrary to the original policy objective to introduce competition and against the rule of survival of the fittest.

"The case on the whole appears to be reasonably arguable."

Cheung was commenting on the legal grounds Wong might use in an application for a judicial review that he has said he would file in the next few weeks.

If Hong Kong Television Network, owned by Wong, could show the government's "sudden change" in policy was contrary to the original objective to introduce competition, the court might set aside the decision, Cheung said.

His colleague, associate professor Benny Tai Yiu-ting, said such a change in policy might violate HKTV's "legitimate expectation" that the licence was in the bag, rendering the decision illegal.

Tai said HKTV had a chance of winning the judicial review.

"There is a chance on three grounds - illegality, procedural impropriety and unreasonableness," he said.

Media reports have revealed that HKTV was not ranked last in a consultancy report commissioned by the Communications Authority.

In that light, Tai said, HKTV could argue that the decision was unreasonable.

A third HKU academic, Professor Simon Young, said the crux of the case was procedural fairness, which in turn hinged on the government's failure to give the reasons for its decision in order to protect confidentiality.

"There are competing interests. On the one hand, there is the interest of the rule of law: how can you effectively challenge an important government decision without knowing the reasons or at least getting access to the reasons?" Young asked.

"The other is the integrity of the decision-making by the executive of the highest level and the importance of having confidentiality in that process."

Tai said the process of issuing licences might be held up by the looming court application.

Correction: an earlier version of the story identified Eric Cheung Tat-ming as an assistant professor at the University of Hong Kong. He is in fact the principal law lecturer at HKU.

******

Article 3:

Agency leaders shake heads at Hong Kong free-to-air TV decision

Source:  Campaign Asia