- 13 A
B
A
printer, publisher and editor 6 , their vicarious responsibility for the
B
publication7, and delivery of copies of the newspapers every day to the
C
D
E
Registrar which are kept for at least 6 months 8 , backed by criminal
sanctions9. In the case of radio and television stations, they are closely
regulated by licensing systems under the Telecommunications Ordinance
C
D
E
(Cap 106), Broadcasting (Miscellaneous Provisions) Ordinance (Cap 391)
F
G
and
Broadcasting
Ordinance
(Cap 562)
administered
by
the
Communications Authority. In contrast, online media are not subject to
F
G
any similar regulation. This is a real distinction that cannot be ignored.
H
I
H
31.
A highly important consideration is the need to maintain
I
security and order at the relevant events. The Applicant itself recognises
J
K
in its Form 86 that these needs have to be assessed with reference to the
particular media organisation’s history and characteristics. There is no
J
K
evidential basis to satisfy this court that the mandatory injunction sought
L
M
would not lead to concerns over security and order in the Chief Executive
Election or that any such concerns would be more imaginary than real.
L
M
The identity of the 26 full members in question and their organisations
N
O
have only been supplied in a letter to the respondents yesterday. 10 There
is also the risk of gate-crashers from other online media who might feel
N
O
aggrieved. Had this application been made earlier there might have been
P
Q
more time to address these issues but, objectively, this hearing is taking
place at an extremely late stage relative to the Chief Executive Election
R
6
S 7 and 11
7
S 15
8
S 17
9
S 20
10
shown to the court only at the hearing.
T
V
Q
R
S
U
P
S
T
U
V