The Hong Kong Court of Appeal (CA) on Thursday dismissed the government’s application for leave to appeal a case concerning a satire show that criticized police anti-epidemic efforts during the COVID-19 lockdown.

In the application, the Communication Authority submitted three questions for the Hong Kong Court of Final Appeal (CFA) to consider. First, the application asked the CFA to clarify the proper approach to assess a broadcaster’s compliance with the duty of verification, provided by the Generic Code of Practice on Television Programme Standards. The questions invite the court to determine the extent of duty when the case concerns a satirical program that combines factual content and personal opinion. In rejecting to hear submissions on this question, the court upheld a previous finding that the government failed to adopt the statutory approach in determining whether the broadcaster has failed to fulfill its duty. The question is therefore academic and does not warrant a leave to appeal.

Another question raised by the government invites the court to consider the balance between the constitutional right to free expression and the government’s duty to ensure the impartiality of public broadcasting. The court refused to entertain it, finding that the answer to it is fact-specific and lacks great general or public importance.

Lastly, the government sought to challenge the definition of “social status” in the Code. Previously in September, the majority in the CA reasoned that the satirical show in question criticized the police’s anti-epidemic efforts, without insulting the police based on their “social status.” The government attempted to argue that the court should interpret “social status” widely, instead of limiting it to personal characteristics. The court similarly refused to hear submissions on this question for its lack of great general or public importance.

In September 2024, the CA quashed a lower court’s finding against Radio Television Hong Kong (RTHK) for breaching the Code by producing the satirical show.

In Hong Kong, appealing a CA judgment requires a leave to appeal granted by the CA. Alternatively, the applicant may apply to the CFA for a leave under the Hong Kong Court of Final Appeal Ordinance. In other words, the government may apply again if it is not satisfied with the CA’s refusal to grant a leave to appeal.