..om
CONFIDENTIALZS_
Attorney General's Chambers
MEMO
Kivex G
Commissioner for Television
To
& Entertainment Licensing
(16)
Ref.
in.
AGC 1/1350/735 III
5-95601 Ex. 13
Tel. No.
Date..
20th February 1981.
Re: RTV
Your Ref....... in.....
dated
You asked me for a legal opinion on the matters raised by the Television Advisory Board in relation to the proposed take- over of Rediffusion Television Ltd.
2.
The first point related to the national status of the persons who it is proposed will take over control of RTV. In this connection the Television Ordinance provides that a majority of auch persons should be British subjects ordinarily resident in Hong Kong.
3.
The term "British subject" used in the Television Ordinance is defined in section 3 of the Interpretation and General Clauses Ordinance (Cap. 1) as follows :-
4.
"British subject" means a person who is a British subject by virtue of any provision of the British Nationality Act 1948."
The relevant parts of section 1 of the British Nationality Act 1948 are as follow3
5.
Airy
under enactment
"Section 1(1) Every person who
for the time being in force in any country
mentioned in subsection (3) of this section is a citizen of that country shall by virtue of that citizenship have the status of British subject.
(2) Any person having the status aforesaid may be
known either as a British subject or as a Commonwealth citizen; and accordingly in this Act ...
...... the expression "British subject" and the expression "Commonwealth citizen" shall have the same meaning.
The following are the countries hereinbefore referred to, that is to say ›. Australia........
The Commonwealth Immigrants Act 1962 and 1968 and the Immigration Act 1971 are basically immigration control enactments which do not affect the nationality or national status of individuals but do affect the right of entry to and abode in the U.K. As such, they have no relevance to the Television Ordinance.
6.
If my
In advising as above I am, of course, assuming that the persons concerned are Australian citizens and this is one of the many matters upon which we will need information from the consortium. assumption is correct, then as Australian citizens, there is no problem regarding the "British subject" status of these persons for the purposes of the Television Ordinance.
TI