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The Office of the Telecommunications Authority (OFTA) has today (April 20) initiated an investigation into the suspected use of unlicensed radio transmitter equipment following unlicensed radio transmission detected at 102.8 MHz.
The radio transmission mainly relayed the voice contents of the open forum held by Citizens' Radio at Mong Kok tonight.
"The use of unlicensed radio transmitters is a criminal offence under section 8 of the Telecommunications Ordinance (TO). Those who knowingly participate in the delivery of messages through unlicensed radio transmitters may also commit a criminal offence under section 23 of the TO," warned the spokesperson of OFTA.
"We will prosecute the offenders if there is sufficient evidence. Those who used unlicensed transmitters for broadcasting and those who knowingly participated in such broadcast were doing so at their own risk of facing criminal charges," said the spokesperson.
As regards the incident of suspected unlicensed radio broadcasting which occurred on January 10, 2008, OFTA, as stated in its press release of April 14, 2008, has completed the related criminal investigation and has submitted a file to the Department of Justice which is in the process of finalising the relevant legal advice as regards possible breaches of section 8 and/or section 23 of the Ordinance. Those involved in that incident remain liable to be prosecuted. If criminal proceedings are instituted, it is expected that as in previous similar cases involving alleged breaches of section 8 and/or section 23 of the Ordinance, they will likewise be adjourned to a date after the appeal has been determined by the Court of Appeal.
The appeal by way of case stated against the constitutionality ruling of the magistrate has been fixed for hearing before the Court of Appeal from September 10 to 12, 2008. Pending a higher court's decision, OFTA appeals to all to repose their trust in our judicial system, to respect the rule of law and to exercise restraint.
For breach of section 8 of the TO, the offender is liable to a maximum penalty of $100,000 fine and five years' imprisonment upon conviction. For breach of section 23 of the TO, the offender is liable to a maximum penalty of $50,000.
Ends/Sunday, April 20, 2008
Issued at HKT 21:33
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