HK Television War: Latest Updates

There has been quite a lot going on in the HK television industry as of late, so I felt it would be appropriate to give a quick update.  Note that this is just a quick summary and not meant to be all-inclusive, so please bear this in mind in case I may have missed anything in my post.

ATV shutdown:  To pull the plug or not to pull the plug….

The biggest news from today and yesterday is the shutdown of ATV.  Deloitte, the company tasked with liquidating ATV, was given orders to immediately shutdown ATV yesterday – in fact, they went as far as having a meeting with all of ATV’s remaining employees and handing them termination letters on the spot.  The last step was a scheduled press conference to announce the immediate shutdown to the public – but that was stopped by a last minute court order that ATV’s Mainland investor Si Rongbin was able to get whereby Deloitte must hold off on their actions until Thursday when the court will convene to determine ATV’s fate.  [This is the ‘in a nutshell’ version of what went down – for details, read this  article from SCMP].  

And so, ATV will continue to be in operations for another 2 days at least (maybe longer depending on which party the court sides with).  Honestly, this whole ATV thing has gotten so stupid that it defies the depths of logic.  I personally hope that the court sides with the Deloitte people and ATV gets shut down immediately – I would rather they put everyone (ATV’s workers as well as all us audiences) out of our misery than continue to let those bastard execs at ATV continue to play their stupid games.  I guess we will have to wait until Thursday at 10am HKT to see whether we’ll have to continue putting up with this sorry excuse for a TV station for another month!!

ViuTV launch:   TVB’s ‘non-competitor’….for now at least

Now that NowTV/PCCW finally has their free-to-air license, the plans to launch their new station ViuTV is underway.  The official launch date will be on April 6th (though there will be what they call a ‘soft launch’ on 3/31 where those who have NowTV set top boxes will be able to start receiving the service) and they’ve already held a press conference detailing their programming plans.  I’m going to save the details for another post, but just know that from day one, ViuTV is not going to be anywhere near a competitor for TVB, as their target audience and market will be completely different.  ViuTV will be targeting the younger audiences who have pretty much already stopped watching TVB and ATV – their programming will consist of primarily variety programs (or what they call “factual entertainment” programs).  The general manager of ViuTV said that their intention is to give HK audiences a different option and made it clear that their target audience is “the local Cantonese-speaking audience who read traditional Chinese instead of simplified” (LOL…obvious jab at TVB’s recent bonehead decision to use simplified characters for their newscasts instead of traditional ones, sparking a record 10,000+ complaints to the Communications Authority).    In addition to focusing on variety, news, and children’s programming, they will also air TV series from other countries (i.e. Thailand, Japan, Korea).  How about local Cantonese dramas, you might ask?  ViuTV says that they ARE going to begin producing dramas, but only selectively.  The first drama that will be part of the lineup (not sure if the drama has already been filmed or it is being filmed currently – will need to read up more on it) is called Margaret and David, which is a drama adapted from a famous novel.  The series will star Bowie Lam and Catherine Chau.

Reading through the details of their programs, the show that I found most interesting and I think will resonate with audiences (and kudos to ViuTV for daring to attempt this) is Travel With Rivals – a travelogue show that will pair up rivals from the political and entertainment worlds and have them go on outings together.  The ‘pairings’ that have been announced so far are:  Legco president Jasper Tsang paired with controversial legislator Leung Kwok-hung (better known as ‘Long Hair’); 100Most co-founder Roy Lam Yat Hei paired with legislator Ann Chiang Lai Wan (they represent opposite ends of the societal spectrum – the youths pushing for HK’s independence vs the pro-establishment camp advocating solidarity with China); singer Denise Ho is paired with actor/singer Zac Koo (this one is obvious – Denise is a lesbian who is also an outspoken proponent of gay rights while Zac is a devout Christian who is also a known homophobic and very vocal about his beliefs).   I am curious about this show, primarily because it is so different and controversial and it will be interesting to see how things play out – most importantly though, this is the type of show that TVB will never ever make even if you gave them a billion dollars (for this reason alone, the show is worth watching in my book!).

 
TVB ‘myTV Super’ launch:  same old crap from a soon-to-be 'legitimate' monopoly

TVB has confirmed that their new internet platform myTV Super (which sounds to me like nothing more than a glorified version of their current myTV channel) will officially launch on April 18th.  The platform will feature 20 channels with programs ranging from TV series, music shows, news casts, infotainment shows, variety shows, etc. and will be in high quality digital format with the ability for audiences to re-watch programs of their liking.  In terms of TV series, the plan so far is to air a few of their new series (that Season of Love series is already scheduled to premiere on day one) plus a long lineup of ‘outside’ series that TVB bought the airing rights to from Mainland China, Korea, Taiwan, and Japan.  What I’m most curious about is whether they will air ‘classics’ on this platform (i.e. old TVB series and variety programs from the 70s/80s/90s) – there have been rumors from the HK media that TVB will air ‘old’ shows, but since TVB has yet to confirm it, I won’t bank on that being true just yet.  Oh, one ‘caveat’ that is very important to mention – this will be a subscription-based platform, which means that those audiences who were looking for a free service are pretty much out of luck (I’m pretty sure I’m not the only one who finds it ironic that TVB is now going to charge audiences for formerly ‘free’ content).

In my opinion, this myTV Super thing is a desperate ‘money-grab’ attempt by TVB – sorry if this sounds harsh, but I honestly don’t know how else to describe it.  Most of the stuff that TVB is planning to put on the platform is stuff that is currently already accessible to all audiences.  Sure, they claim that they are going to air some new, ‘innovative’ programming content (such as a show that will allow artists to put their own creative ideas into production and interact with audiences), but to be honest, given TVB’s track record and their ‘policy’ of avoiding controversy, I highly doubt anything will come of this.  At this moment in time, I will be interested in myTV Super ONLY if TVB does end up going the route of airing their classic series and variety programs on the platform, as that content is definitely worth paying for – otherwise, why should I pay to watch their current series, especially when majority of those series nowadays are crappy?

Concluding thoughts….

For those of you wondering, there is still no word from i-Cable on what their plans are for their free-TV launch – in fact, the  Communications Authority has said that the government already requested a detailed proposal from i-Cable and have given them a deadline to provide the information in order to ‘keep’ the license that was granted to them ‘in principle’.  Of course, given how badly the government mishandled the ATV thing (don’t even get me started on how poorly managed the whole ATV shutdown movement was, as I could probably complain for hours about it), I wouldn’t be surprised if i-Cable continues to remain in its ‘limbo’ status indefinitely.

Also still no decision on the new free-to-air license applications that were submitted (by David Chiu’s consortium and also the resubmitted application from HKTV).  Not sure if we will hear something next month, since the government has basically been using the ATV shutdown as an ‘excuse’ to not make a decision yet (the argument is that they need to wait until the April 1st license revocation deadline that they gave ATV – once the license is officially taken away and thereby ‘available’, then they can make the determination on who should get that license).  While I’m sure that once April 1st rolls around, people are going to start asking what will happen to the license, I highly doubt that the current administration is going to respond with anything specific…my guess is that they will try everything possible to continue stalling until next year so that if there is any backlash that results (which there undoubtedly will be), the incoming administration can deal with it instead of themselves.

Latest Updates / Developments in the HK Television Industry – My Thoughts

With all the recent developments in the HK television world these past couple of weeks, I figured this might be a good time to put together a quick post recapping some of the latest happenings and also my thoughts on these developments.  Please note that I put this post together based on my memory and what I’ve read from various news sources and such, so it won’t be tremendously detailed in terms of specifics – if I have time, I’ll go back and modify the post to include links to the various articles that the information came from (though please don’t hold me to it, as it depends on whether I’m able to find time).

Ok, so the latest “hot off the press” news from today (which is kind of what triggered me to write this post) is the ‘bombshell’ that the main investor group which currently controls/owns TVB (the consortium consisting of TVB chairman Charles Chan, that HTC lady Cher Wang, and one other company) has sold its 26% controlling stake in TVB to a ‘major player’ in the Mainland (please read this article from SCMP for details, as I’m really bad with all this investment stuff so I may not have explained it correctly).   From what I gather from the article, the main “take-away” is this (quoted directly from the article):  “This marks the first time a major mainland player has access to a controlling stake in Hong Kong’s free-to-air broadcaster”.

I may be reading too much into this, but I have a sinking feeling that the above shareholder change in TVB is not going to bode well for the HK television industry.  Ever since the ‘changing of the guard’ a few years ago from the Shaw family to Charles Chan and company (and the subsequent switching out of the station’s chairman from Run Run Shaw to Mona Fong to Norman Leung then to Charles Chan), TVB hasn’t felt the same to me – now with this newest change, TVB feels even more distant...it’s almost as though the station is losing more and more of its ‘HK flavor’, which definitely isn’t a good thing, especially for those of us who grew up in the glory days of the HK entertainment industry.  Also with these recent changes, another concern I can’t help but having is whether TVB is showing signs of going down ATV’s path with its increasingly negative reputation and incompetent / constantly changing management.

Related to this is the situation surrounding ATV and the fight for free TV licenses.  Since it’s been a whirlwind month in terms of that, let’s recap….

On April 1st, the government announced that they will not be renewing ATV’s free TV license (despite the fact that they finally found a buyer in that AID International company), which means that ATV will have to close up shop by April of next year (if they survive that long).  In that same press conference, the government also announced that they are officially issuing a 12 year free TV license to NowTV’s free TV subsidiary HKTVE (not to be confused with HKTV).  Government radio station RTHK got thrown into the equation too when the Communications Authority announced that RTHK would take over ATV’s analogue broadcasting spectrum once ATV officially closes (this threw RTHK for a loop, since they are not even set up to use analogue spectrum and would have to invest tons of resources and money in order to get setup to use it).  Fantastic Television’s (i-Cable’s free TV subsidiary) TV license is still “in limbo” because ever since their application was approved more than a year ago, they’ve done pretty much nothing in terms of preparation for launching a free TV channel – so until they show some movement, their license will continue to be “on hold”.  The latest development in terms of i-Cable is that they put in an application with the government for ATV’s broadcasting spectrum (once ATV closes up shop) – last I heard was that the government is reviewing the application (still no movement on the licensing front though).

Meanwhile, on the HKTV front – well, despite officially launching on the internet in November 2014 and gaining wide support from audiences for their quality series, their future still hangs in the balance.  The judicial review that they filed against the government for denying them a free TV license is still “pending” in court (technically, the case is over except for the important fact that the judge has not issued a decision yet – and has continued to postpone the decision indefinitely)….however, they still resubmitted their application for a free TV license last year and are waiting for the government to once again make a decision (I wonder if they will have to wait another 4 years for the decision like they did last time).   In the mean time, Ricky Wong has proposed a collaboration with ATV whereby he will allow ATV to air HKTV series but they will share half the advertising revenue/profits…to sweeten the deal, Ricky Wong will pay ATV 5 million HKD a month for their operating costs (so HKTV is essentially proposing to “rent” ATV’s channels to broadcast their series).  With the dire situation that ATV is in, you would think that they would jump at such a deal right?  Well, apparently not – ATV’s idiotic chairman Ip Ka Bo opened his big mouth last week and pretty much ‘dissed’ HKTV’s offer, saying that it was ‘questionable’ and he was ‘worried’ that HKTV’s series won’t be able to pull in ratings or sustain advertisers (um, wait – ATV is worried that HKTV won’t be able to pull in high ratings when their own programs can’t even get past the ‘zero’ mark in ratings?  That makes no sense to me at all)…..Ip Ka Bo then went on to say that HKTV’s offer of 5 million HKD is ‘too low’ and asked for a minimum of 10 million HKD per month instead (so I guess all that talk about being ‘worried’ over ratings and advertising was a bunch of baloney – at the end of the day, it boiled down to Ip Ka Bo wanting more money…).

Speaking of ATV….in another twist last week, veteran actor / director / producer (and former ATV employee) Tsui Siu Ming announced that he is in talks with ATV’s management to purchase the station.  His reason for doing so is because he holds ATV near and dear to his heart and doesn’t want to see its remaining 500+ employees out of a job – he specified in his proposal his plans for producing programming and series and also stated that he would try to re-apply for a license next year.  But if it turns out that ATV will still have to close, he wants the station to at least go out with ‘honor and dignity’.  Not sure if ATV is going to take Tsui Siu Ming up on his offer (though I think it’s safe to assume that this offer is likely one of the reasons why Ip Ka Bo said what he did in terms of HKTV’s offer being ‘questionable’ – he probably thinks that ATV has other options now, so they can play ‘hard to get’…).  We’ll have to see what happens.

Lastly (see, told you there’s been a lot going on…lol), the son of late former ATV owner Deacon Chiu (sorry, forgot the son’s name) has announced plans to team up with Macau gambling mogul Stanley Ho’s daughter Pansy Ho as well as a bunch of other Mainland companies (in another ‘consortium’ – what’s with all these consortiums anyway?) to set up a terrestrial TV station (meaning free local TV station) in HK and invest billions of dollars to maintain it.  He has already submitted his application for a free TV license and will be the other ‘major player’ vying for a license next year (the other ‘major player’ is of course HKTV).    Whether this consortium will be successful or not in its TV station venture remains to be seen, but as of right now, it’s definitely not looking good for HKTV, as the Chiu consortium has Mainland backing, which leads me to believe that the Mainland-leaning HK government will likely grant a license to them over HKTV (especially given how much the government hates Ricky Wong and HKTV).

Oh wait – don’t forget there was the whole thing about American company Fox International entering the HK television and film market as well (I posted that article a few weeks back so feel free to check that out too).

Concluding thoughts….with so much instability in the HK television market right now and so many ‘decisions’ up in the air, the coming months will definitely be interesting to see how everything pans out.  At this point, I’m not even going to attempt to ‘guess’ what any of the outcomes will be, as everything is too volatile right now and new developments seem to emerge every week practically that ‘threaten’ to change the future landscape of the HK television industry (for better or for worse?).  One thing I will say though is that I will definitely continue to ‘be along for the ride’!

Thoughts?  Opinions?

NEWS ARTICLE: New ATV chief defends station's reliance on re-runs

Here's an article published earlier today about ATV.  I actually don't really give a rat's tail about ATV nowadays, since those imbecilic executives who are in charge of the station have pretty much run it into the ground -- to the point that the station has become an eyesore and embarrassment to HK.  Even though ATV says that they will be going through some changes this year and will go back to filming series again (at least that's what chairman Ip Kar Bo claims), I highly doubt that they will be able to rebound from the dismal state that they are currently in.

With all that said, I still try to pay attention to news about ATV because the fact of the matter is that they are still a major 'player' in the free TV license game, regardless of how 'unworthy' and 'undeserving' we feel they are.  I don't know about you guys, but one thing I'm really keeping a close eye on is whether ATV will truly be able to get its license renewed next year -- given its poor track record, bad financials, lack of sound management, etc. etc., any talk of renewing ATV's license definitely defies logic...but unfortunately, the odds seem to be in their favor in that the government appears to be leaning towards allowing their renewal to go through.  If that's truly the case, then SHAME on the corrupt HK government!

Oh and one part of the article I wanted to draw attention to is the paragraph near the end about access to the broadcasting spectrum -- this issue was actually brought up multiple times in the past (and, quite frankly, is actually quite a crucial topic in any discussion related to the free TV licenses).....but each time, it was pretty much buried in the 'mountain' of controversy surrounding HKTV, TVB, and the government.  

Just to sum it up in laymen's terms:  back in 2007, TVB and ATV were given the green light to broadcast their programs utilizing 'high definition' methods with the requirement that they would extend their digital network coverage to 75% of HK within a year -- the idea would be that digital coverage would eventually exceed 98% of the population in HK and at that time, analogue transmissions would be completely turned off.  Since both TVB and ATV were 'analogue' stations, the only way for them to broadcast via digital means was for the government to allow them access to the broadcasting spectrum, which is a scarce public resource that is tightly regulated by the government -- this is pretty much the only way for the 2 stations to provide 'free' content to the public via digital means.  Given this information, it makes sense that with the granting of 2 additional free-to-air licenses last year (to NowTV and i-Cable), the government will need to open up the broadcasting spectrum even further and allow these 2 new license holders to access in order to broadcast their content.  Sounds simple, right?  Wrong!  There has been a huge debate going on within government departments for years over the broadcasting spectrum and how much access should be given, since there are all sorts of complicated rules associated with its usage -- the government has been unwilling to open up the spectrum any further than it already has, which means that the free TV license holders need to 'work within their means' and figure out a way to share the spectrum without violating any rules.  Currently, TVB and ATV dominate the spectrum and it goes without saying that they definitely won't 'give up' any part of their spectrum on their own accord -- this is why i-Cable says that the free TV market won't be a 'level playing field' unless the government 'forces' the other stations to 'share' their spectrum by redistributing it.

Ok...sorry for the long-winded explanation about such a 'boring' topic as broadcasting spectrum, but it's actually an integral part of this whole free TV license discussion thing, so I felt that it's important for those who have an active interest in the license issue to understand it.

Anyway, back to the article....

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 New ATV chief defends station's reliance on re-runs

Source:  SCMP

Article published April 8, 2014

The new executive director of ATV has defended the station's use of re-runs to fill its schedule, saying the amount of airtime devoted to repeats was not high compared with other channels in the region.

But Ip Ka-po was tight-lipped over a possible tie-up with Ricky Wong Wai-kay's HKTV.

Separately, the owner of Cable TV said the distribution of spectrum by the government and the Communications Authority meant the city's free-TV market was not a level playing field.

Ip said ATV was working towards offering a wider variety of programmes to viewers, adding more current affairs and talk shows. Daily or weekly re-runs of topical news shows were "to facilitate audience members with different daily routines", he said.

Viewers might think the same programme was being repeated because such shows "all look similar - a few people talking on TV", he said.

ATV's current affairs show Asia Policy Unit is shown three times a day, while one talk show is shown twice a day.

Ip's predecessor as executive director, Louie King-bun, was sacked in February - barely six months into the job - after reportedly filing a complaint with the Communications Authority accusing the station's major investor Wong Ching of meddling in ATV's affairs.

Citing an internal study which compared the channel's re-run rate with that of eight other channels in Hong Kong, Japan, Singapore and the mainland, Ip said ATV's rate - 30 per cent of its airtime - was not particularly high, relatively speaking.

He said ATV was confident its free-to-air licence would be renewed and revealed that some HK$2.7 billion would be invested over the next six years, mainly on a computer system upgrade and technical support for HD broadcasting.

A documentary on the "colour revolutions" in Europe and central Asia - a phenomenon Beijing loyalists see as a potential threat to Hong Kong - will be broadcast in May. Ip denied the broadcast was timed to coincide with the Occupy Central movement, which may take place in the summer, and said the show would offer a fair portrayal of those recent popular revolutions.

Ip gave no details on talks that may have been held between Wong Ching and Ricky Wong Wai-kay over dinner in December. Some had speculated that ATV might be sold to HKTV, or that some of its channels would be rented to Ricky Wong's company. Ip said there had been no contact between either camp for "two or three months".

Meanwhile, in a submission to the Communications Authority, i-Cable Communications questioned the handling of transmission capacity by the authority and the government. As the owner of pay-TV network Cable TV, whose subsidiary Fantastic TV was approved for a free-TV licence, it urged the authority to grant Fantastic TV and PCCW's Hong Kong Television Entertainment - another new free-TV player - access to the spectrum.

This would allow the two new free-TV players to broadcast their primary channels to terrestrial TV viewers.

Currently, only TVB and ATV have access to the spectrum.

News Articles: Update on Free TV Licensing Issues

Long time no see!  

First off, my apologies for the lack of posts and updates in recent weeks.  I've had a lot going on the past month or so and unfortunately, due to time constraints, this blog became lower priority for me.  With that said though, I'm officially 'back' now, working on posts and trying to get back into the swing of things. Sincere THANK YOU to the readers of my blog for your continued dedication and patience! :-)

Ok, so now on to the main post...

As I've been 'catching up' on HK entertainment stuff, I came across a few articles from this past week that give a little bit of an update on some matters related to the free TV licensing issue.  Now, you might be wondering -- what TV licensing issue?  Isn't that over already with the issuance of new licenses to NowTV and i-Cable and the 'infamously controversial' snubbing of HKTV last year?  Well, yes and no.  

The licensing controversy involving HKTV, NowTV, and i-Cable may be over -- for now -- but there's been another licensing issue going on simultaneously (actually since a few years ago, even before the licensing decision came out last year).  I'm sure those who had been following the licensing issue avidly will remember that both of HK's current free TV stations -- TVB and ATV -- are up for license renewal in November 2015.  As part of the renewal process, both TV stations are supposed to participate in 'public consultation' sessions hosted by the Communications Authority (formerly the Broadcasting Authority) whereby ordinary HK citizens (aka 'the public') get to voice their opinions -- good or bad -- about both stations.  During the sessions, representatives from both stations as well as from the CA sit at a long table and listen to the public speak -- of course, both stations are allowed to give their 'concluding statements' at the end where they can refute some of the public's arguments if they want, but for the most part, they are sitting there taking notes.  

I've been watching news coverage of the public consultation sessions (there have been 3 of them in the past 2 weeks) and let me tell you, it's quite interesting to watch -- some of the audience members actually make very good, valid points while others say things that don't make an ounce of sense whatsoever.  The 'highlight' for me though is watching how the management at both TVB and ATV respond to the 'feedback' that they are being given face-to-face -- both stations got 'clobbered' with tons of criticisms but ATV got hit especially hard (TVB at least got some praises for some of their programming...ATV got mostly criticism...in fact, it started to feel like a 'bash ATV' session after awhile).

Anyway, since I haven't posted in awhile, I decided to include a few articles related to the public consultation session as well as 2 related articles about some 'aftermath' from last year's controversial licensing decision and also the latest 'firing' of yet another ATV senior executive.  All are interesting reads and provide pretty good updates on some of the things going on outside of the standard celebrity news articles.

Enjoy!! :-)

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Article 1 (published March 11, 2014):

Watchdog urged to be transparent over ATV and TVB licence renewal

Source:  SCMP

Lawmakers have criticised as "opaque" and "unclear" the yardsticks set by the broadcasting watchdog for the renewal of ATV and TVB's broadcasting licences next year.

Members of the Legislative Council's panel on broadcasting urged the Communications Authority to instead set clear criteria - and to recommend the government refuse a new licence if either of the free-to-air stations fails to make the grade.

Both stations have attracted controversy. TVB has been accused of taking advantage of its dominant position in the market, while cash-strapped ATV has frequently fallen foul of the watchdog - often due to allegations of interference by its mainland investor, Wong Ching. Both - but especially ATV - have faced complaints of pro-Beijing bias.

The authority was seeking lawmakers' views on the licence renewal process, which is also subject to a two-month public consultation, ending on April 3.

Its chairman, Ambrose Ho Pui-him, told the panel it would take into account the track records of the licence holders, their financial strength and public opinion before making a recommendation to the chief executive.

"We shall assess the three factors individually and then come up with an overall assessment," Ho said.

But People Power lawmaker Raymond Chan Chi-chuen, once an ATV presenter, said: "An overall assessment can be very subjective. We need a more transparent system."

League of Social Democrats chairman "Long Hair" Leung Kwok-hung said the watchdog should set clear criteria and make them public, so citizens could monitor its work.

"I daresay all the people of Hong Kong want ATV to fold," Leung said. "I wonder why the authority would still need to consider giving it a licence."

Others referenced the row over the last round of free-to-air television licensing decisions last year, when the government went against the watchdog's recommendation and gave new licences to only two of the three bidders: existing pay television players Now TV and Cable TV. The decision sparked huge protests.

Labour's Cyd Ho Sau-lan asked whether the station that missed out, Hong Kong Television Network, would automatically get a licence if ATV or TVB were rejected.

Ambrose Ho declined to speculate. He said the watchdog would make a recommendation on whether to renew the licences around November, but the final decision would be for Chief Executive Leung Chun-ying.

The authority held the last of three hearings on the renewal process in Sha Tin last night. As at previous hearings most of those who spoke criticised ATV's programming. Ho promised to consider the views raised.

The Legco panel will hold a special meeting on Saturday to listen to the views of concerned groups on licensing renewal.

Yesterday's panel meeting also endorsed a request from RTHK to retain the position of deputy director of broadcasting for the next five years to help the government-owned station prepare for its move to a new headquarters. The headquarters plan has been delayed by at least two years after another Legco panel rejected a funding request following a huge rise in costs.

Panel members also approved a HK$64.2 million plan to allow RTHK to extend the reach of its digital terrestrial television stations to 99 per cent of homes.

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Article 2 (published February 17, 2014):

Second blowup set in license row

Source:  The Standard

A new drama will unfold this evening when a public hearing on TVB and ATV is held.

It's part of the public consultation process on their licenses that are due for renewal in 2015. Three sessions are scheduled - after tonight's on Hong Kong Island, the others will be held later in Kowloon and the New Territories.

Although the hearings are hosted by the Communications Authority, senior executives from both TV stations will attend. Will they be chastised by radicals, like what happened during the mid-term review in 2009, when then TVB general manager Stephen Chan Chi-wan was dogged by opponents whenever he appeared in public?

As the host, the authority is duty- bound to ensure the public can air their views properly. It's obvious the regulator has learned from past experience and isn't taking any chances in the face of the intense interest everyone has in TV.

At least, it has set the ground rules prohibiting anyone from carrying protesting banners and placards into the City Hall Concert Hall - amid fears they would disrupt the hearing.

Its staff have made it clear to protesters they will be expelled if they cause a ruckus. For example, well- known activist Lui Yuk-lin has been warned.

The hearing won't be a question and answer forum, but it'd be unrealistic to expect opponents to stop playing tricks.

TV licensing has always been a sensitive issue. But what happens next may differ from what transpired five years ago. At that time, protesters went after TVB, while ATV was basically the supporting character.

Their roles will likely be reversed, as recent commentaries in local newspapers were more critical of ATV than TVB.

The so-called "Wong Ching Incident" - in which ATV executive director James Shing Pan-yu was forced to quit the station - has dealt ATV a huge blow. That's unprecedented in local television history.

Public opinions are rather one-sided: ATV doesn't deserve a license in view of its dismal performance. It will bear most of the heat.

Of course, TVB has its own share of detractors, but the most controversial issue - the row over the government's rejection of a free-to-air license for HKTV - had nothing to do with TVB.

While it's inevitable for the debate to spill over to the shattering of HKTV boss Ricky Wong Wai-kay's dream, TVB is safe, as its dominant position in the industry makes it too big for a rejection to be viable.
But it's clear TVB isn't taking any chances, as a recent minor incident revealed.

While the public heard about how speedskater Barton Lui Pan-to complained of being left in the cold by the SAR's Olympics officials during the Sochi Winter Games, a local daily reported that the image of the "Snow Lion Flag" - a symbol of the Tibetan independence movement - appeared in TVB's coverage of the sports event.

The image turned out to be fake, doctored by netizens. TVB immediately raised the matter with the newspaper and demanded a clarification - putting out a potential fire.

If the license review is a test for both stations, it's also a test of the authority's skills to conduct it fairly and peacefully.

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Article 3 (published March 11, 2014):

Terms set on renewal of licenses for TV stations

Source:  The Standard

The Communications Authority will consider TVB's and ATV's financial viability and operation capabilities when handling their renewal bids for free-to-air TV licenses, its chairman said.

Ambrose Ho Pui-him also told the Legislative Council's panel on information technology and broadcasting that the authority will consider public opinions when handling the applications of the two stations.

The broadcasters' licenses will expire next year.

People Power lawmaker Raymond Chan Chi-chuen asked about the criteria for renewal.

"We will base it on the operation and financial capabilities as well as their TV programming arrangements," Ho said, adding that the authority will seek public opinions.

"We will also take into account their performance, implementing their license terms, legal requirements and code of practice in the past," Ho said yesterday.

The authority will also take into account any violation of regulations.

The authority will then make their recommendation to Chief Executive Leung Chun-ying in November, before the Chief Executive in Council makes the final decision.

The panel also passed a non- binding motion by Civic Party lawmaker Claudia Mo Man-ching demanding the government take into account whether the two broadcasters had shown professional integrity before renewing their licenses.

In a related development, the authority held the third public hearing in Sha Tin Town Hall on the license renewals last night.

Outside the venue, a group of ATV supporters staged a rally to demand the authority renew its license.

Others urged the government not to renew the license as its programs mostly lack quality.


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Article 4 (published March 11, 2014):

Consultant in TV row to sue old firm for HK$10m

Source:  SCMP

A consultant who alleges she was asked to resign after speaking out against the government in last year's television licensing row says she will sue her former company for more than HK$10 million she says she is owed.

Jenny Ng Pui-ying, former managing partner at Value Partners, said that after the company announced she had resigned "voluntarily" it had issued a dismissal letter to avoid paying out money due to her.

In an interview with the Economic Journal, she accused the consulting firm - engaged by the government to report on the issuing of new free-to-air television licences - of "tackling" her with "an unusual action".

She told the Chinese-language newspaper that she decided to resign and her resignation was accepted before reports emerged she had been pressed to quit after the company's Italian founder, Giorgio Rossi Cairo, received a complaint accusing her of breaching confidentiality.

The complaint came after Ng came out in December to say that the government had used a report from her consultancy as a shield against criticism of its decision not to grant a free-to-air television licence to Hong Kong Television Network. She said it had quoted "a few paragraphs" from a 400-page report "out of context" in seeking to justify the awarding of licences only to applicants backed by pay-television players Now TV and Cable TV.

Value Partners said on February 5 that Ng had quit "voluntarily" in a letter dated January 22.

After her departure, she said, the company issued a letter of dismissal because, she claimed, it did not want to compensate her for lack of notice or compensate her for leave owing.

She was quoted as saying she believed "someone had stirred up the matter" but she had no evidence to point to the government. Ng reiterated in the interview that she did not regret speaking out against the government, but what upset her most was that her contribution to the company had been wiped out.

In an invitation to a press conference this afternoon, Ng wrote that Value Partners "had unreasonably withheld her salary and bonus of more than HK$10 million" and "her personal e-mail account was hacked".

Ng could not be reached for comment last night. Value Partners had not responded to questions about Ng's accusations.

********

Article 5 (published February 27, 2014):

ATV drama continues as chief lodges complaint

Source:  SCMP

ATV is embroiled in controversy again. Its boss has filed a complaint with the broadcasting watchdog, accusing the station's high-profile investor Wong Ching of meddling in its affairs.

In a letter addressed to Communications Authority chairman Ambrose Ho Pui-him and other members of the watchdog, ATV executive director Louie King-bun wrote that Wong had on multiple occasions interfered in the station's operations.

"As ATV's executive director, I must report Wong's multiple interference in ATV's operations," Louie wrote in the letter, dated yesterday, a copy of which has been obtained by the South China Morning Post.

The television station was last year fined HK$1 million and its former chief James Shing Pan-yu ordered to step down after the authority found that Shing had allowed Wong, who is not a member of ATV's board of directors, to interfere in its operations.

Louie wrote that, against his wishes, Wong had been instructing him to disregard contractual rules in the handling of business affairs. Wong later asked Nicholas Li, a vice-president who handles financial affairs, to carry out his instructions, Louie added.

"But Li's act was against the company's principles," Louie wrote, without elaborating. "I terminated his employment, but [ATV's largest stakeholder] Wong Ben-koon and Wong Ching asked me to give him another chance … [so] I reinstated Li."

According to Louie, Wong Ching sent him a text message on Tuesday afternoon, listing "three crimes" the station chief had committed. That same day, Wong Ben-koon met Louie in Shenzhen and said Louie had to leave ATV because he had not complied with Wong's orders.

At midnight yesterday, Dragon Viceroy, an ATV stakeholder controlled by Wong Ben-koon, issued a statement that Louie was no longer on the station's board of directors. "This is why I must report this. I am still the head of ATV's management as of now," Louie wrote.

The watchdog yesterday confirmed receipt of a complaint regarding control over the station's operations. It declined to name the complainant, but said it would follow up on the matter. Last night, Louie could not be reached for comment and ATV did not respond to inquiries.

Last August, Louie, former executive editor of leftist newspaper Ta Kung Pao, replaced Shing after the authority ruled the latter breached licensing terms by letting Wong interfere with ATV's day-to-day operations.

The authority began its investigation in July 2011 after allegations that Wong gave instructions on a newscast falsely reporting the death of former Chinese president Jiang Zemin .

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?

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: 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

My Reaction to the Free TV License Issue……

As I’m sure all of you already know by now, the biggest ‘news’ related to the HK entertainment industry this week was that, after 4 years of waiting, the HK government FINALLY made a decision on the free TV license applications.   HK’s Secretary for Commerce and Economic Development Gregory So announced the decision during a press conference that was held the day before yesterday.  

Normally, I would be thrilled – after all, these past few years, I’ve been a big supporter of the whole free TV license thing and was really hoping that finally, TVB’s monopoly over the TV industry would be broken.  BUT instead of being happy, I’m more angry than anything else….WHY?   Because once again, the stupid HK government (which can’t seem to do anything right nowadays) made a lame-arse decision that pretty much ‘reinforces’ TVB’s stronghold on the TV industry rather than breaking it.  Out of the 3 companies that submitted applications for free TV licenses, the government decided to approve and issue licenses to only 2 companies:  NowTV and i-Cable.   Yes, you read it right – only 2 licenses were approved, which means that the 3^rd company, HKTV’s, license application was ‘rejected’ (read that to mean that no license will be issued to HKTV).  When pressed about why HKTV’s license application was rejected, Mr. So refused to give a direct answer – instead, he kept going on and on about how they looked at many different criteria in order to come up with their decision and that the entire process was ‘fair and transparent’.  The only ‘hint’ that Mr. So would give about why HKTV was rejected was that their proposal was ‘weak’ in comparisons to the other 2 (um, talk about being ‘vague’….).  To add insult to injury, Mr. So also stated that the decision was final and that no ‘appeals’ will be allowed (any company that wishes to ‘protest’ the decision can only do so via the means of filing a judicial review through the courts).

In response to the government’s decision, HKTV’s Ricky Wong held a press conference yesterday expressing his disappointment at the government’s decision while at the same time demanding to know the ‘cause of death’ (aka why his application was rejected).  He also announced that HKTV won’t be closing shop, however he will need to lay off 320 employees in order to restructure the company in preparation for the challenges ahead.

Ok, so on to MY reaction to this whole thing….

Obviously, I’m pissed.  Why?  Ok, yes, a big part of it is because HKTV didn’t get their license after being ‘played’ by the government for 4 years (if I were Ricky Wong, I would absolutely sue the pants off those bastards).  I mean, honestly, I can’t think of any other word to describe what HKTV went through except that they were ‘played’ -- after all, the HK government was the one who ‘invited’ HKTV to submit an application 4 years ago, saying that they felt it was time to open up the HK free TV market.  Not only that, the Broadcasting Authority (now the Communications Authority) had already given their recommendation that all 3 companies should be issued licenses, plus the people of HK had all spoken up in support of this (HKTV had a 60 to 80% approval rating in various polls that were conducted throughout the past 4 years).  Yet now, the government decides to go back on their word and only issue 2 licenses because they feel that the market in HK can’t sustain more than 4 stations?  Well, why the hell didn’t they think of that 4 years ago????

Another reason I’m pissed is because of the fact that the government ‘refuses’ to explain why they rejected HKTV’s application.  I don’t know about you guys, but to me, it only makes sense that if you’re going to give someone the death penalty, you have an obligation to explain exactly why and how you came to that decision (sure, people can argue that this isn’t a ‘life or death’ situation, but honestly, I beg to differ, since people’s livelihoods are at stake).  The fact that the government continues to skirt the issue and will only give vague responses tells me that there is more to the decision than meets the eye.  Of course, the past few days, the reaction to the government’s decision has been huge and many people feel that the rejection of HKTV’s license application was politically motivated (despite the government’s insistence that ‘no political factors were involved’).  I can’t help but agree – the way this whole thing is playing out reeks of political maneuvering….in fact, I wouldn’t even be surprised if some ‘under the table’ dealings took place in order for the outcome to be what it ended up being (I’m not going to elaborate further on this – you guys can read between the lines….)

Third, the biggest reason why I’m pissed is because the HK government once again ignored the needs of its citizens and, to add salt to an already open wound, they just put 320 people out of jobs.   I guess in a sense, I shouldn’t be surprised, since, well, it’s government after all (if anyone knows of any government in this world that actually listens to its citizens and doesn't screw them over, please let me know because I would definitely like to live there…LOL).   I definitely feel sorry for the HKTV artists and behind the scenes people who will now be out of jobs…I’m especially saddened because majority of the artists who went to HKTV are people whom I grew up watching on TV the past 3 decades – after being ‘treated like crap’ by TVB, many of these artists went to HKTV and were treated extremely well (HKTV restored many of these artists’ dignity, pride, and passion for acting)….unfortunately, now all of that will go to waste…(when I think about how some of those artists may have to go ‘crawling’ back to TVB now, it pisses me off even more…).

Obviously, I could go on and on about this topic, especially given how much of my time I’ve spent these past 3 years or so ‘following’ this whole free TV license issue.  But for the purposes of this topic, I think it’s probably wise for me to conclude my post here rather than continue my ‘rant’ for another few pages (people who are familiar with my blog know that I try to stay away from political issues in my writings as much as possible)…..given the political element involved in this issue, I’ve probably said too much already….

For those who may be interested in reading up on this issue, here are a few links I recommend (the articles are all in English, so no translation necessary…):

From South China Morning Post:

http://www.scmp.com/news/hong-kong/article/1332598/free-air-tv-still-question-marks-over-whether-shows-will-improve

http://www.scmp.com/news/hong-kong/article/1332328/two-new-free-tv-licences-approved-backlash-over-hktvs-exclusion

From The Standard:

http://www.thestandard.com.hk/breaking_news_detail.asp?id=41965&icid=3&d_str=

http://www.thestandard.com.hk/breaking_news_detail.asp?id=41975&icid=3&d_str=