TNAG-0086-FCO40-122-Copyright-legislation-1968 — Page 163

CENtral 3366.

ENtral 9568.

Dear George,

From W. T. Wells, Q.C., M.P.

RECEIVED IN COMMONWEALTH

- 4 MAR 1968

SECRETARY'S OFFICE

401

4, PAPER BUILDINGS,

TEMPLE,

2nd March 1968.

I am writing about a problem that has come

of my professional work.

LONDON, E.C.4.

IN No 39

..i 200

CR 4/2/44

way in the course

I have been instructed by Messrs Sydney Morse & Co. on

behalf of Rediffusion (Hongkong, which is a sub-subsidiary of the main Rediffusion company here. This has made a very substantial investment in Hongkong both by way of its relay services and in originating programmes.

-

The Hongkong government propose to pass an ordnance the effect of which will be to incorporate the provisions of the Copyright Act, 1956 with some amendments into the law of Hongkong. One or two of these amendments, in particular one by which it is proposed that the relay of a broadcast programme shall be a restricted act, or in other words a breach of copyright, will very adversely affect the interests of Rediffusion, and to put the matter in the most neutral way possible, they have been advised by Mr. Skone James and myself that some of these amendments and particularly this one are open to challenge as being beyond the powers of the Hongkong Legislative Council.

There are other matters at issue between the Hongkong government and Rediffusion, but I think it would neither be right nor useful for me to go into the technicalities of the matters involved with yourself, except to say that so far as copyright matters are concerned, the government cannot move without an Order in Council, and obviously that so far as any ordnance is concerned there is in effect a power of veto vested in the home government.

I think I should not say more than that very serious issues are involved and that if necessary Rediffusion are prepared to fight them at every stage in the courts.

I am only writing to advise you of the position in the hope that you will have full enquiries made in the U.K. before the matter proceeds. I would say that the particular amendment to the Copyright Act to which my clients take most exception seems to be without precedent in the copyright legislation of overseas territories and in effect reverses a decision made by the U.K. Parliament after very full discussion.

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