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learning had to be diverted to a somewhat arid and technical discussion
as to
and as to whether or not it would be 'lawful' to pass a Bill
which when called an Ordinance would quite definitely be void").
!
....
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As a matter of probity,' the objectionable features effectively prevent
Rediffusion from exercising one of the three basic rights in the
Television Licence granted to them, after careful negotiation, by the
Hong Kong Government in 1957. ("The right to and to relay from
the distribution station any television programme broadcast from any
broadcasting station included in the official list of broadcasting
stations ...."). In reliance upon the terms of that Licence, Rediffusion
initiated the first television service in Hong Kong, and have invested
very large sums of capital in a wired television network which is capable
of carrying transmissions from its own studios and relaying the programmes
of other broadcasters. Until the advent of another television broadcaster
in 1967 the relay right, of necessity, had to remain unexercised but,
at the very moment when it first became usable, Hong Kong Government
announced its intention of altering the copyright law in such a way as
to make the relay by Rediffusion of broadcast television entirely subject
to the license of the broadcaster, which the latter could, at his whim,
refuse, or grant on whatever terms he chose to dictate.
As a matter of equity, the objectionable features have not been borne
out of any misconducț or neglect on the part of Rediffusion, who have
played a unique and fundamental role and have undertaken the risks
inherent in the establishment of television in Hong Kong.
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