‘Maintain the highest integrity’

How is being an in-house lawyer in your industry different from other industries?

I would say any in-house counsel’s role is unique. However, the telecommunications and broadcasting industries are heavily regulated, and so in-house lawyers in these sectors are generally well-versed in the multifarious regulatory frameworks and strategic skills of dealing with rivals, regulator and policy makers. They are mostly seasoned negotiators, and tough to beat.

What are some of the major trends in your industry?

In Hong Kong’s free television market, there have only been two terrestrial television stations in the past three decades, despite the liberalisation of the free television market being a long-established government policy founded in 1998. To embody the liberalisation policy, the SAR government abolished the royalties that were paid by the terrestrial broadcasters in 2000. Unfortunately, the liberalisation policy has yet to be fully put through after 12 years, and viewers do not have any choice other than the existing two. There has been no decision taken on the grant of additional free television licences more than three years after our application was submitted in December 2009. Going forward, pursuing the licensing matter remains our first priority in 2013. We will have to wait and see how the market may be affected by the introduction of Hong Kong’s new competition framework, and whether we need to call for extra resources to prepare for the same. Apart from propelling liberalisation of the free television market, our team has also played an active role in the process of the company’s business reorganisation, such as the disposal of the telecommunications businesses and the setting up of the Television and Multimedia Production Centre. The company’s active business agenda always offers us challenges, and makes us stay awake in the rapidly changing environment.

Tell us a bit about your team.

We have an elite team responsible for the group’s legal, regulatory, and listing compliance functions. Our two permanent posts — that of a regulatory specialist and a chartered secretary -- are supported by legal executives and clerical staff. There is the provision for additional headcounts in legal and compliance functions in case of anticipation of imminent expansion.

What are the most important qualities someone in your role must possess?

Generally speaking, it is important for in-house counsel to be well-versed in commercial law and dispute resolution techniques. One must be an effective communicator who is able to communicate across all levels within the company. Other essential attributes such as multitasking skills and business acumen are also vital. Not surprisingly, one must be willing to work beyond regular hours. If you think you will work fewer hours than private practitioners, you will be disappointed. Most importantly, you must be trustworthy and able to act competently in the company’s best interest.

How would you describe your strategy for the legal team?

The strategy is to develop an attorney-client relationship with the company. We stay away from the business decision-making process so as to maintain independence. Whenever clients come to us for advice, we assist them in understanding the legal issues they face, and offer them pragmatic legal advice. After all, the business decision is ultimately our client’s.

What can in-house counsel do to make themselves an indispensable part of the organisation?

Being an in-house counsel, you are required to keep abreast of the latest developments in each area of law that comes under your purview. You are also expected to have better understanding of the company overall’s business and operations than outside attorneys, and to do everything in-house. If you can demonstrate an exceptional ability to come up with candid and thoughtful advice for your higher-ups when problems arise, you are halfway through to becoming indispensable. However, you won’t be able to make it if you fail to maintain the highest integrity in your client’s. So, my penny worth of advice is that you must always be alert to any potential or actual threat to your integrity.

What is the best advice you have ever received?

No compromise on the rule of law. It is the cornerstone of Hong Kong.

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