TNAG-0086-FCO40-122-Copyright-legislation-1968 — Page 52

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

CONFIDENTIAL

Council or that similar provision to that

effect should be included in the Ordinance.

Subject to this point and to clarification on

a further point mentioned below, I would see

no legal objection to the proposed Order in

Council or to the Ordinance, provided Section

4(2) of the latter were amended by restricting

it to broadcasts made from a place in Hong Kong

and provided Section 4(4) was omitted.

9.

However, I

A further matter which requires

consideration is the fact that a member of the

Executive Council, Mr. Clague, is understood to

have a substantial interest in Hong Kong

Television Broadcasts Ltd., which stands to

gain from the proposed legislation as it

affects television broadcasts.

would not wish to withhold approval to the

legislation by reason of this fact alone,

provided you can assure me that Mr. Clague

took no part in the Council's deliberations

and that the fact that he was a member of the

Council did not influence them in arriving at

their decision that the copyright legislation

should give Hong Kong Television Broadcasts

Ltd., a copyright in their programme.

10.

It is understood that, in exercise of

the power conferred by Section 34(4) of the

Telecommunications Ordinance (CAP: 106) to

revoke a licence if the Governor considers

that the public interest so requires, it is

intended to revoke Rediffusion's licence and

to grant them a new one. If this is done

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CONFIDENTIAL

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