Unlicensed broadcasting remains a criminal offence as the Eastern Magistrate has adjourned Citizens' Radio's unlicensed broadcasting case to February 11 to allow the prosecution to appeal his constitutionality ruling, the Office of the Telecommunications Authority says.

As a result of the Magistrate's decision to suspend his ruling, and pending the outcome of the appeal, people who engage in such activities including establishing or using a means of telecommunications without a licence contrary to the Telecommunications Ordinance, and people who partake in any broadcast by such means contrary to the law are still liable to criminal prosecution.

On the case concerning unlicensed broadcasting by Citizens' Radio, the Eastern Magistrate ruled yesterday  the current licensing regime under the Telecommunications Ordinance and the charges based upon a failure to comply with that regime were unconstitutional.

As a consequence of the ruling, he dismissed all the charges against the defendants.

On the prosecution's application, the Magistrate reviewed his decision to dismiss the charges and accepted the prosecution's submission that he had been wrong to dismiss the charges at this stage and accordingly overturned that decision. The Magistrate adjourned the case to February 11 to allow the prosecution to appeal his constitutionality ruling.

The Magistrate accepted the prosecution's submissions that the constitutionality ruling be suspended so as not to have legal effect in the meantime and to maintain the status quo.

He found that there was a real risk that, if the ruling were not suspended, the authorities would not be able to control the radio spectrum, and lives would be endangered as the spectrum was also used by emergency services.