Dd. 32855 Ed (4200)
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6a7 for avaleaf
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 Rediffusion's
broadcast receiving station.
8.
The question of whether Section 40 (3) of
the Copyright Act should be applied to Hong Kong
was also discussed with Mr. Hobley, I am
that
advised that it should be applied and/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 orį 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
of the latter
Section 4(2) were amended by restricting it to
2
broadcasts made from a place in Hong Kong and
provided Section 4(4) omitted.
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. However, I would not wish to with-
hold 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
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