Reference.
Mr. Carter
w
Hong Kong Dept.
Copyright in Hong Kong
Herewith a draft despatch to the Governor of Hong Kong, together with copies of a Note made by Mr. Oxley following his meetings with Mr. Hobley from Hong Kong, Mr. Oxley's covering minute to me and a Note prepared by Mr. Hobley following the first of two meetings that he had with Mr. Oxley. I have also sent copies of these documents to Mr. Wallace at the Patents Office and a copy of the draft despatch to Mr. Oxley for clearance. Meanwhile I should be glad to have your comments.
2.
You will note that this draft deals so far only with the legal aspects of the matter, apart from an expression of opinion in paragraph 4 to the effect that it would be difficult to justify taking away from Rediffusion the right to distribute by wire broadcast television programmes on the ground only of the intention of the Government in 1957. A decision seems still to be called for as to whether we should tell the Governor of Hong Kong not to proceed with the material parts of the legislation on the grounds that we do not wish to see the interests of Rediffusion affected. This is not a legal decision, but a political one, and my Department is in no position to advise on this.
3. The matter at issue is not merely one of Copyright as such, but of the manipulation of copyright legislation to regulate T.V. broadcasting and distribution in the Colony. I have already explained that I do not think this subject is a proper one for my Department, and I feel sure that whatever instructions are sent to the Governor should come from your Department. I must therefore put it to you to decide what advice should be given to the Secretary of State on the policy of the matter.
4. If the Governor goes ahead with the proposed legislation and, as a result of this, questions are asked in Parliament at the instigation of Rediffusion, the Legal Advisers can provide answers as to the propriety in law of the Governor doing what he has done, but who is to say whether he should have been allowed to do it as a matter of policy?
Cam Stund
(C.C.B. Stewart)
5 July, 1968
No comments yet.
Private notes are available after approval.