TNAG-0265-FCO40-301-Legislation-for-copyright-in-Hong-Kong-1970 — Page 115

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

(HKK 16/2)

CONFIDENTIAL

کے

20

Despi

19 June, 1970.

On Garniera.

19/8

Dorestel

The wholly intractable subject of copyright - including bundle of files about 10 inches thick - has recently reached me. It comes, of course, at a moment when there are no Ministers available to take decisions, nor will there be for a while. Judging from the representations made to us here by the protagonists involved on behalf of RTV and TVB, it seems to me that, as matters stand at the moment, some degree of confronta- tion will be inevitable. This will certainly not appeal either to a new Minister trying to learn his job or even to an old one anxious to avoid confrontation too soon. I think it essential therefore, that we should first make every effort to ensure that all possibilities of avoiding a clash are thoroughly examned before we make any firm recommendations to Ministers.

2. In seeking to avoid such a confrontation, while pursuing the essentials of the policy which the Hong Kong Government have set themselves, I was particularly struck by the first three sentences of the concluding paragraph of your Saving Despatch No. 1393 of 24 October, 1968, the terme of which I fully endorse. The course of action which you propose is, I know, intended to protect the public interest, given the inability of the two companies to come to an agreement. But as was then said, "they have not come to an agreement (and apparently refuse even to disquss the matter).' This describes the situation almost two years ago, since when it appears to me that two things have happened:

TVB now has two years or more of experience behind it and has become a very healthy youngster, competing successfully with RTV.

(b) There have been changes, at least in the management

of RTV, which might result in the two parties speaking

now.

3. As regards (a), I have been wondering on what basis the Hong Kong Government saw the "public interest" Was it that having decided that there ought to be competition and thus that second service had to be started, it was essential that Govern- ment should see that TVB was able to get off the ground? Nowhere in the papers that I have read is the Government attitude described except în pretty general terms, though there appear emotive phrases like "pirating TVB's output" and (from the FCO!) "clipping Rediffusion's wings". What I would like to know is

His Excellency Sir David Trench, GCMG, MC,

/whether

KONG XON

CONFIDENT IAL

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