2600027 C.S. 20 A
CONFIDENT RECEIVED IN
SAVINORAM
ARCHIVES No. 54
Acting
From the Governor, Hong Kong
SAVING DES PATCH
Commonwealth Affairs
To the Secretary of State for bexxxxx
Repeated to:-
Repeated to:—
8th May, 1968.
Reference....
TC 187/67
CR 4/2/44
bur/Reference..
13 MAY 1968
No
683
Not
No.
39)
My saving despatch no. 211 of 10th February, 1968 refers.
Copyright Legislation
Rediffusion (Hong Kong) Limited have issued a Writ in which the Governor, the Colonial Secretary and the Attorney General are named personally as the first defendants. They are being sued for and on behalf of themselves and all other Members of the Legislative Council.
2.
3.
(i)
(ii)
The plaintiffs are seeking to claim:
a declaration by the Court that it would not be lawful for the Legislative Council to pass a Bill to modify the Copyright Act 1956 in its application to Hong Kong, on the grounds that such a Bill, if it became an Ordinance, would be ultra vires;
an injunction by the Court to restrain Members of the Legislative Council from passing the Bill and presenting it to me for my assent.
A conditional appearance has been entered on behalf of the first defendants. A summons will be taken out on our behalf seeking an Order to set aside the Writ or alternatively to strike out each of the reliefs claimed.
40
The plaintiffs have issued a summons seeking an interim injunction to restrain the Members of Legislative Council passing the Bill until this case has been heard and disposed of.
5.
The plaintiffs are represented by leading Counsel in London, and their Solicitors in Hong Kong indicate that he will be coming to Hong Kong at the end of May to conduct the preliminary proceedings.
6.
The above is forwarded for your information. Your early reply to my saving despatch no. 211 of 10th February, 1968 will be appreciated.
CONFIDENTIAL
13 MAY 1968
COMMONWEALTH OFFIEL DEPENDENT MINATORIES
DWINION:
No comments yet.
Private notes are available after approval.