BOARD OF TRADE
INDUSTRIAL PROPERTY AND COPYRIGHT DEPARTMENT
25 Southampton Buildings, LONDON W.C.2
Telegrams: Patoff, London, W.C.2 Telephone: 01-405 8721, ext. 111
IPCD 36862/2
Your Ref: (HKK.16/2)
A W Gaminara Esq
Hong Kong Department
Foreign & Commonwealth Office London SW 1
16 October 1970
33
Dear Gaminara
HONG KONG - COPYRIGHT
Thank you for your letter of 8 October.
Below are our
comments on the note which you received from Rediffusion International Ltd.
I assume that the note is talking about the Hong Kong Ordinance, a copy of which you enclosed with your letter.
(a) It is true that neither the BBC nor the ITA have the right in this country to control wire diffusion of their programmes. They did not ask for it at the time the 1956 Act was introduced probably because circumstances in this country are such that Rediffusion is not in competition with the BBC and ITA. (It does not seek advertising revenue and each of its subscribers must buy a BBC receiving licence). In principle however our law is illogical in giving broadcasters the right to control re-broadcasting of their programmes without also giving them the right to control wire diffusion.
(b) You are quite right in thinking that the Strasbourg Agreement referred to in the memorandum is the Council of Europe agreement referred to by Wallace (Treaty series No. 87/1961). I do not think that the policy of HMG can be deduced from the fact that they made a
R&R. ART
20.10.10.
1.
HKK 16/2