explained in paragraph 19 above, Hutchison and HKCC are able to come to an earlier resolution of their present conflict and make mutually acceptable proposals on earlier provision of SMATV systems. As against this, however, the considerations set out in paragraph 9 above seem to us to be overriding. It is an essential element of our broadcasting policy that our televison licensees should be protected as, indeed, has recently been demonstrated through our discouragement of Teledifusao de Macau's plans to increase its broadcasting power with a deliberate intention to target the Hong Kong audience.
Banning of uplinking by Hong Kong Telecom International Limited (HKTI)
At first sight, a simple and plausible option would be to restrict the ability to uplink to AsiaSat. Paragraph (k) of the HKTI licence entitles the company to provide services
"Except to
the
extent
that the
Governor-in-Council may from time to time otherwise in writing direct, external
television
transmission
Kong."
and
voice
programme services to and from Hong
This provision would enable the Governor-in-Council to direct that HKTI could provide such services OTHER THAN services transmitted from Hong Kong to a satellite which could then be received in Hong Kong via that satellite.
While this would prevent signal source from Hong Kong, the real possibility of signals being uplinked from elsewhere to be downlinked into Hong Kong would remain. It would also be likely to be severely resisted by HKTI.
An alternative means of control would be through controlling uplink and distribution of foreign television signals. This would require new primary legislation probably along the following lines -
(i) the introduction of a licensing regime to television
control
uplinking
of
programmes from Hong Kong to a satellite for rebroadcasting down to Hong Kong or other places; and