TNAG-0086-FCO40-122-Copyright-legislation-1968 — Page 64

limitation to have had effect the phrase "matter originated at or distributed from" should have read "matter originated at and distributed from".

5. With regard to the effect on the rights conferred by paragraph (b) of the licence of paragraph (c), which expressly gave a right to relay television broadcasts, I think that the right to relay television broadcasts stated expressly in paragraph (c) of the licence was mere duplication.

6.

With regard to the Hong Kong Government's acceptance that Rediffusion have the exclusive right to relay television broadcasts by wire if these relays are made intermittently with their own programmes, this, it seems to me, could only be justified on the basis that Rediffusion's right to maintain a service of television programmes distributed from their station by wire included the right to relay all television broadcasts since there is nothing in the paragraph on which it could be claimed that the right conferred was limited in that way. Mr. Hobley also, in his note attached, argues that Rediffusion was authorised to operate one service and suggests, therefore, that, if they relayed broadcast programmes, they would not be entitled to relay their own television programmes. This argument seems to me to confuse the "service" with the programmes which make up the service; the Rediffusion service is not, by

the licence, restricted to one programme.

7. On the merits, Mr. Hobley said that perusal of the Hong Kong

+ The original drift lunce Secretariat files showed that the intention of those dealing with

taker with the comments on it the grant of the licence to Rediffusion in 1957 was to give them

The files do

of Rediffusion's lawyers rights in relation to their own programmes only!

and the revued drift not show that anyone had in mind a local television broadcasting liance which An Hobby station, the programmes of which might also be relayed by wire.

2nd July

showed ene

Tu He pointed out that there was no such television broadcast certainly cam to show that station in Hong Kong in 1957 and none was then in contemplation. the words " and distributed,

held from 8. I cannot, of course, express any view on what intention the Rediffusion's on outride Secretariat files indicate or how clearly they show that the

wen incinted to

sam

such as event, theatre shows.

ALLO

;

sporti

Hong Kong Government in 1957 did not intend to deal with the relay by wire of television broadcasts but, if the intention of the Hong Kong Government was not to include the right to relay such broadcasts, the draft of the licence was singularly inept, since the exclusive rights are conferred in broad terms and the licence expressly referred to Rediffusion's distributing by wire such broadcasts. My own view is that it would be very difficult to justify taking away from Rediffusion the right to distribute by wire 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.

19.