NOTHING TO BE WRITTEN IN THIS MARGIN
(83247) (2) 300M 10/65 St.S.
way of Rediffusion exercising their rights
which did not previously exist and would
seem, 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, while the .
commercial inducement to grant such a
licence to Rediffusion is to be removed by
allowing another relay diffusion service
(the so called aerial distribution system)
to be established.
The licence to Rediffusich
Ltd. ensures that it is a British concern;
we do not know whether any similar condition
would attach to the other relay service.
(iii) The Legal Adviser suggests that Section 40(3)
of the Act should not be omitted without the
inclusion of some provision to the effect
that, if any copyright licence to relay or
diffuse television broadcasts by wire is
granted, it shall be granted on the same
terms to all diffusion concerns.
(iv) The Legal Adviser takes the view that, since
Section 4(2) would include broadcasts from
outside the Colony, it is ultra viries; it
is not within the power conferred by
Section 31(3) of the Copyright Act since
that limits the modifications which may be
made to television broadcasts made from
within the Colony. He also considers that
Section 4(3) of the Ordinance is ultre
viries since, in effect, it purports to
permit the Governor to do by Order what
Section 31(3) of the Act permits the
legislature of the Colony to do
(v) Regarding Section 5, he says he would have
/doubted