agree to provide any householder or
owner of a building requiring it with
an ADS without imposing any conditions
1
other than such as are necessary for the
protection of the connection or system
and for the payment of a reasonable
charge. He felt, however, that in the
event that RTV were able to prové no more
than that they were willing and able
to provide ADS, and that the Hong Kong
Government were aware of this, it is
doubtful whether a court would hold that
the Government had not acted in good
faith in diminishing the company's rights
under its licence".
37. The Governor has said that he would
seek his Executive Council's advice again
on compensation for loss of RTV's aerial
rights if Ministers consider that
arrangements for quantifying and paying
compensation should be made before the
licence is modified.
But the department
considers that he should not be asked to
do this since :-
(a) the arguments in paragraph 34
(b)
constitute a strong case for
the Government's action in
varying, in the public interest,
the terms of the licence and to
offer compensation in these
circumstances might create an
awkward precedent;
the company has more or less
conceded that there is a case
in the public interest for the
Government's proposed action,
28.
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