Reference.......
9. Also, I think that Section 4(4) of the
Ordinance is ultra vires since, in effect, it purports
to permit the Governor to de by Order what
Section 31(3) of the Act permits the Legislature of the colony to de.
10.
As to Section 5, I would have doubted whether criminal proceedings could properly be embraced within the meaning of the word "remedies".
Ordinarily, this word is used with reference to civil
proceedings. However, the Copyright Act itself includes Section 21 under the heading "remedies" and, on consideration, I think Section 5 can be classified
as relating to a "remedy" since it relates to the Crown's remedy against a person infringing the law.
11.
I observed somewhere in these papers that it was said that Rediffusion (Hong Kong) Ltd. might proceed in the Courts if they thought they had been wronged and the Government had infringed the licence granted to them and this seems to be repeated in Hong Kong Saving Despatch of 6 April. I do not understand
this. If there is a conflict between the licence to
Rediffusion and the legislation (1.e. the extension of the United Kingdom Copyright Act with the omission of Section 40(3) and the enactment of Section 4(2) of the Ordinance) or regulations made under legislat- ion, the legislation or regulations will override the licence; the licence cannot render legislation er regulations made under legislatien ultra vires or otherwise invalid.
(H.L.M. Oxley)
30 April, 1968
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