broadcasting licence had been granted
to TVB, RTV had made application to the
telecommunication authority in Hong Kong
for the allocation of frequencies to
enable planning for their relay of
broadcast television to proceed.
That
authority and the Hong Kong Government
must therefore have been well aware,
for several years, of RTV's intentions
as regards the exercise of their relay
rights.
14. The strength of RTV's feelings on
the subject was such that in 1968 they
applied to the Supreme Court of Hong
Kong for a declaration that it would
be unlawful for the Hong Kong Legislative
Council to pass the proposed Copyright
Bill and for an injunction to prevent
them from doing so. The Hong Kong
Government's response to this action was
to claim:-
(a) that the Supreme Court had no
jurisdiction in the matter
(b) that there were no reasonable
grounds for RTV's claim. The
Supreme Court rejected (a) but
accepted (b) and struck out
RTV's claim. The case then went
on appeal to the Judicial
Committee of the Privy Council
which, on 15 April, 1970,
upheld both decisions of the
Hong Kong Supreme Court.
There is therefore no legal
bar to the enactment of the
10.
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