The Law and Policy for Implementing a Unified Communications Regulator in the United Kingdom and Lessons for Hong Kong

Abstract

In March 2006, the Hong Kong government issued a Consultation Paper proposing the merger of the existing Telecommunications and Broadcasting Authorities into a unifi ed communications regulator called the Communications Authority, which should be similar to the Offi ce of Communications (OFCOM) established by the United Kingdom (UK) in 2003. In this article, the authors fi rst study the proposals of the Hong Kong government on the establishment of a unifi ed 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 Offi ce 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 unifi ed 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 fi nally, 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.