Government can't get its story straight on leaked TV licence document
Officials can't agree if document contradicting state's explanation of licence decision is real
The government has given mixed messages over whether a leaked document - stating there was no justification for denying any of the three applicants free-to-air television licences - was a genuine paper discussed in the Executive Council.
Secretary of Justice Rimsky Yuen Kwok-keung confirmed yesterday morning that the paper, three paragraphs of which were published by Chinese-language newspaper on Saturday, was "one of the documents" consulted by the government. Cable TV also obtained a document with the same text.
But just two hours later the Exco secretariat issued a statement saying the leaked material was "not from any Exco document".
Yuen's spokesman later denied the secretary had confirmed the document was an Exco paper, or whether it had been discussed in the Exco. "He just made a general remark," the spokesman said.
According to the two media outlets, the leaked text was taken from an internal government document dated from December last year and its content was discussed by Exco.
"In the circumstances, we do not consider that undertaking further procedural steps or refusal to grant the approval in principle to any of the applicants is justified," one paragraph read.
The text also suggested that the public should be consulted if the government put a limit on the number of new licences.
It also warned of protests, such as petitions and hunger strikes, should one of the applications be rejected.
Cable TV and released statements last night reiterating it was a genuine government document and its content had been discussed in the Exco.
A government source said the documents published in the media did not conform to the format of an Exco paper.
"The text of an Exco paper, and in fact all official government papers, must be both left-justified and right-justified," the source said, noting that the text of the leaked document was left-justified, or aligned to the left.
Yuen yesterday said the government had upheld procedural rules in its decision-making process.
"All licence applicants have been given ample time for making explanations and responses, after which Exco deliberated before the decision was made," he said.
Labour Party lawmaker Cyd Ho Sau-lan said there was no doubt that Exco had discussed the recommendation in the leaked document. "It presents a case showing the applicants were [given] the green light in the previous administration," she said.
Another Exco member, Bernard Chan, said the council expected the decision would invite legal challenge, but the government had sought legal advice.
