could not be introduced to ensure that H.K.T.V. would in
fact grant a licence to R.T.V. on commercial terms.
Mr. Hobley agreed that this could be done.
15. The Chairman suggested that a tidier way of doing what
was required might be to extend the U.K. Act to Hong Kong
unmodified, and to deal with the local situation by
revision of the R.T.V. licence.
Conclusions
16. It was agreed that Mr. Hobley would talk further with
Mr. Oxley. It was also agreed that Section 40(3) should
be included in the proposed legislation. After Mr. Hobley
and Mr. Oxley had further discussed the legal points, we
would have to give a formal answer to the Governor's despatch.
17. The Chairman raised the question of where the final
decision rested if there should be a difference of opinion
between Mr. Oxley and Mr. Hobley. The decision, Mr. Oxley
said, would rest with the Secretary of State. The Chairman
pointed out that this was clearly a matter for Hong Kong
Department, since it involved the question of whether the
Secretary of State should or should not agree to an action
proposed by the Government of Hong Kong. Mr. Oxley agreed,
pointing out that the actual substance of the matter ( in
this case copyright) need not affect the issue.
18. The Chairman concluded that the question of responsibility
for this matter should be referred to the Home Inspector.