Public Law Judicial Review

Mark has considerable experience of acting in judicial reviews and advising regulators on issues of public importance.

The most important judgments on these issues concern:

Challenge to the fairness of consultation on changes to regulatory framework for fixed and mobile telecoms. Acting for the Telecommunications Authority (PCCW-HKT Telephone Ltd v The Telecommunications Authority & Ors (Interested Parties) [2007] 2 HKLRD 536)
Challenge to direction to require interconnection between networks. Acting for Telecommunications Authority (PCCW-HKT Telephone Ltd v The Telecommunications Authority [2007] HKCFI 551)
Court of Appeal considering perception of bias and pre-determination in a public consultation. Acting for the Telecommunications Authority (PCCW-HKT Telephone Ltd v The Telecommunications Authority & Ors (Interested Parties) [2008] 2 HKLRD 282)
Case stated to Court of Appeal from Telecoms (Competition Provisions). Appeal Board relating to the “Any to Any” interconnection regime. Acting for the Telecommunications Authority (PCCW-HKT Telephone Ltd v The Telecommunications Authority [2009] 2 HKCA 138)
Court of Appeal considering whether judicial review should be heard in open court or in camera. Acting for the Communications Authority (Asia Television Ltd v Communications Authority [2013] 2 HKLRD 354)
Whether a recommendation relating to the grant of domestic free to air television broadcast licences can be judicially reviewed. Acting for the Communications Authority (Television Broadcasts Ltd v Communications Authority & Anor (No 1) [2013] HKC 593)
Level of disclosure necessary to make meaningful representations (Asia Television Ltd v Communications Authority (Successor of the Broadcasting Authority) [2013] 3 HKLRD 618)
Court of Appeal considering whether fairness requires disclosure of identity of interviewees in an investigation. Acting for the Communications Authority (Asia Television Ltd v Communications Authority (Successor of the Broadcasting Authority) [2013] HKCA 284)
Liability of unsuccessful applicant for judicial review to pay the respondents’ costs. Acting for the Communication Authority (Television Broadcasts Ltd v Communications Authority & Anor (No 2) [2013] 5 HKC 606)
Ground of great, general or public importance for seeking leave to appeal to the Court of Final Appeal in a judicial review. Acting for the Communications Authority (Asia Television Ltd v Communications Authority (Successor of the Broadcasting Authority) (2013) 16 HKCFAR 773)
Application for interim injunction in judicial review in context of the Governments’ announcements in the public interest. Acting for the Communications Authority (Cheung Tak Wing v Communications Authority & Another [2015] 5 HKC 70)
HKTV and HKMTV’s challenge to the requirement that it obtain a domestic television service license for its proposed mobile television service. Acting for the Communications Authority (Hong Kong Television Network Ltd & Anor v Office of the Communications Authority [2016] 2 HKC 44)
Judicial review of decision that restrictions on artistes and singers breached the Competition Ordinance. Whether the decision infringed Hong Kong Bill of Rights. Acting for the Communications Authority (Television Broadcasts Ltd v Communications Authority & Anor [2016] 2 HKLRD 41)
Applications for interim stay of programme to renew assignment of spectrum to mobile operators and put the rest up for auction and for disclosure of Consultant’s report. Acting for Communications Authority (Hong Kong Telecommunications (HKT) Ltd v Secretary for Commerce and Economic Development and Communications Authority [2018] HKCFI 1976)
Application for disclosure of consulting brief in relation to assignment of spectrum to mobile operators. Scope of duty of candour. Acting for the Communications Authority (Hong Kong Telecommunications (HKT) Ltd v Secretary for Commerce and Economic Development and Communications Authority [2018] HKCFI 2224)
Test for deciding whether to grant leave to appeal in judicial review. Acting for Communications Authority (Hong Kong Telecommunications (HKT) Ltd v Secretary for Commerce and Economic Development and Communications Authority [2018] HKCFI 2385)
Judicial review of decision directing TV and radio licensees to broadcast Government advertisements on electoral reform. Acting for Communications Authority (Cheung Tak Wing v Communications Authority & Another [2018] 5 HKLRD 515)
Court of Appeal considering duty of candour and whether disclosure of external consultant’s report should be given in context of reassignment of spectrum to mobile network operators. Acting for Communications Authority (Hong Kong Telecommunications (HKT) Ltd v Secretary for Commerce and Economic Development and Communications Authority [2019] 1 HKLRD 833)
Judicial review of challenge by mobile operators to decision of the Secretary for Commerce and Economic Development and Communications Authority on arrangements for partial auction of spectrum. Acting for Communications Authority (Hong Kong Telecommunications (HKT) Ltd v Secretary for Commerce and Economic Development and Communications Authority [2018] HKCFI 1667)
Judicial review of challenge to decision on whether inclusion of product placement in programming breached Codes on Programming and Advertising. Acting for Communications Authority (Televisions Broadcast Limited v Communications Authority and The Chief Executive in Council [2020] HKCFI 3180)
Judicial review of challenge to decision on scope of freedom of expression in satirical programme. Acting for Communications Authority (RTHK and Hong Kong Journalists Association and the Communications Authority 25 November 2021 HCAL 1685 of 2020)

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