t
2600027 C.S. 20 A
CONFIDENTIAL
SAVINGRAM
No.
No.
74
1921
DESPATCH
A
Fr the Governor, Hong Kong
Commonwealth Affairs
To the Secretary of State for sexxxiones
Repeated to:-
Repeated to:—
Reference...TC. 187/67.
No.
Date............ 13th July, 1968.
CR 4/2/44
Your Reference.
49
My saving despatch No. 683 of 8th May, 1968 refers.
Copyright Legislation
In my saving despatch under reference, I informed you of the nature of the injunctions sought by Rediffusion (Hong Kong) Limited. The plaintiffs then applied for interim relief in the shape of an injunction to restrain the Legislative Council from passing the Copy- right Bill in its present draft form pending the hearing of the action.
2.
On behalf of the defendants two summonses were taken out. The first sought to have the Writ set aside on the grounds that the reliefs sought were not within the jurisdiction of the Court. The second summons sought to have the Writ struck out on the grounds that the reliefs sought were an interference with a lawful process on the part of the Legislative Council. For technical reasons the two summonses were heard separately, and were dealt with in camera. The Court decided that it had jurisdiction and therefore dismissed the first of these summonses.
3.
At a late stage in the proceedings, that is after the Court had given its decision in the first summons but before judgement was delivered in the second, the plaintiffs applied to amend the Writ so as to substitute the Attorney General for Hong Kong, in a representative capacity for the original three named first defendants i.e. myself, the Colonial Secretary and the Attorney General.
40
In their judgement delivered in open Court the second summons was granted and the plaintiffs' Writ was struck out. Following this, the plaintiffs have obtained leave to appeal to the Privy Council. The Attorney General has likewise obtained leave to cross-appeal on behalf of the defendants. Unfortunately, judgement is still awaited on the summons against which the Attorney General is cross-appealing.
5.
The object of this savingram, besides keeping you in the picture, is to ask you to arrange to retain Messrs. Russells as our Solicitors and seek their advice as to which Counsel to brief for the preparation of the Appeal papers. Although the Attorney General will
COME
22 JUL 1968
COMAN
DEPENDENT TERRITOXILS
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