broadcast television programmes (if that was
what the proposed copyright legislation would do) on the ground only of the intention of
the Government in 1957.
5. But, in our Legal Advisers' view, the
licence was necessarily subject to the law of Hong Kong. The fact that Rediffusion (Hong Kong) Limited held an exclusive right to relay
television broadcasts would not, for the sole
reason that the effect of the proposed copyright legislation would be that
Rediffusi on would have to obtain a licence
from the broadcasting company concerned before
they could exercise their exclusive right to
relay a broadcast and that the company might not grant it, constitute a legal objection to
the pro osed copyright legislation. It is considered that Rediffusion (Hong Kong) Limited could have no valid objection to that being done since the licence itself expressly
declared that it was subject to any copyright which might exist in matter received by means of kediffusion's broadcast receiving station. 6. The question of whether Section 40(3) of the Copyright Act should be applied to Hong Kong was also discussed with Mr. Hobley. It i advised that it should be applied and that
either it should be applied in relation to Hong Kong broadcasting companies (as it applies to the B.B.C. and I.T.A.) by the Order in Council or that similar provision to that
effect should be included in the Ordinance. Subject to this point no legal objection is seen to the proposed Order in Council or to the
propaga Ordinance, provided (i) Section 4(2) of the
latter is amended by restricting it to broadcasts made from a place in Hong Kong, and (ii) Section 4(4) is omitted, since it purports to permit the Governor to do by Order what Section 31(3) of the 1956 Act permits the Legislative Council of the Colony to do. 7. For the reasons given below, however, it is not possible to give approval to proceed with the Bill as drafted without further careful consideration of the implications of
Clause 4 and of your intention, in the public
/interest
We are
NOTHING TO BE WRITTEN IN THIS MARGIN
No comments yet.
Private notes are available after approval.