CR.4/2/44
PERSONAL AND CONFIDENTIAL
FOREIGN OFFICE/COMMONWEALTH OFFICE
LONDON, S.#.1
22 May 1968
11/6.
Owing to various changes, including the merger of the two Cultural Relations Departments, I regret there has been 39
some delay in replying to your Saving Despatch No. 211 of 10 February. A number of Departments have been involved and the Legal Advisers concerned have found the problems raised to be of great complexity.
2.
The following opinion has been expressed by the Legal Advisers:
(1)
In view of the fact that the rights of Rediffusion (Hong Kong) Ltd. derive from a contract entered into between the Government of Hong Kong and themselves, you have no doubt considered the consequences of altering them in this way. We should therefore like clarification of the Hong Kong Executive Council's reason for taking action which may have the effect of depriving the company of rights which it would appear to have until 30 April 1973 under the Licence.
(11) Section 4(2) of the draft Ordinance would seem to
put serious practical obstacles which did not previously exist in the way of Rediffusion (Hong Kong) Ltd. exercising their rights and, in effect, to nullify Rediffusion's right under their licence to relay television broadcasts. This is because the effect is to make a licence from Hong Kong Television Limited necessary and give the latter the power to refuse any relay of their programmes.
(111)
(iv)
Since Section 4(2) would include broadcasts from outside the Colony, it is ultra vires; it is not within the power conferred by Section 31(3) of the Copyright et since that limits the modifications which may be made to television broadcasts made from within the Colony.
Incidentally, Section 4(4) of the Ordinance also appears to be ultra vires since, in effect, it purports to permit the Governor to do by Order what Section 31(3) of the ct permits the Legislature of the Colony to do.
M. D. I. Gass, Esq., C.M.G., J.P.,
Colonial Secretary,
Colonial Secretariat,
Government Buildings, Hong Kong
/(v)
FERS
CONFIDENTIAL
C.C. Mr. H.L.M. Oxley, Asst. Legal Adviser
Mr. 7.. Carter, Hong Kong Dept. Mr. . Wall.ce, Patents Dept. F/Trade