THE LAW AND POLICY FOR IMPLEMENTING A UNIFIED COMMUNICATIONS REGULATOR IN THE UNITED KINGDOM AND LESSONS FOR HONG KONG
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AbstractIn March 2006, the Hong Kong government issued a Consultation Paper proposing the merger of the existing Telecommunications and Broadcasting Authorities into a unified communications regulator called the Communications Authority, which should be similar to the Office of Communications (OFCOM) established by the United Kingdom (UK) in 2003. In this article, the authors first study the proposals of the Hong Kong government on the establishment of a unified Communications Authority. They then examine the background for the establishment of OFCOM by studying the telecommunications law and policy development in both the European Union (EU) and United Kingdom. The authors then evaluate the implementation experience of OFCOM from both legal and policy perspectives, and analyse the Office of Communications Act 2002, the Communications Act 2003 and the Regulatory Framework for Electronic Communications Services 2002 adopted by the EU, as well as the regulatory and personnel policies of OFCOM. Finally, the authors argue that Hong Kong can learn eight lessons from the UK in its future implementation of a unified communications regulator. These include strong political support, systematic planning, the appointment of credible and competent staff, adequate supporting legislation, a "light-hand" regulatory approach, openness and transparency, the guarantee and promotion of media and cultural diversity and finally, adequate legal control of the powers of the regulator together with legal remedies for members of the public aggrieved by the policies or decisions of the regulator.
All Author(s) ListSang RWW, Kuen GLL
Journal nameHong Kong Law Journal
Year2010
Month1
Day1
Volume Number40
PublisherHong Kong Law Journal Ltd.
Pages111 - 128
ISSN0378-0600
LanguagesEnglish-United Kingdom
Web of Science Subject CategoriesGovernment & Law; Law; LAW

Last updated on 2020-03-08 at 02:24