TNAG-0265-FCO40-301-Legislation-for-copyright-in-Hong-Kong-1970 — Page 138

See 6

Mr Rushford

Reference...

13

The matter dealt with on these files is extremely complicated and is, I am afraid, long outstanding. It is now one of some urgency, particularly since the Judicial Committee of the Privy Council delivered its judgement on 15 April in the case of Rediffusion (Hong Kong) Limited versus Attorney-General, Hong Kong.

2. We are in the process of preparing a draft submission to Ministers, and a copy of the draft is attached. It is, Įregret, a very long draft, but it gives a complete sum- mary of the matters under consideration and I would sug- gest that you read it first.

·

3. Mr Oxley has hitherto been the Legal Adviser dealing with this matter and his views are set out at (2) and (18) on HKK' 16/2 (1968-69 file). His views have very largely been embodied in the draft submission, which is a later version than that referred to in Mr Oxley's minute at (18) on the file mentioned above. There are one or two points in the draft on which your advice would be appreciated:-

(1) Paragraph 14. This related to the matter dealt with on the attached legal files LG 2/393/2 and LX 2/7/14. See also (6) and (7) on this file. Will you please

confirm that this paragraph correctly

states the position?

(2) Paragraphs 33, 34 and 35. These relate to

paragraphs 6, 7, 8 and 9 in Mr Oxley's min- ute at (18) on HKK 16/2 (1968-69). You will see that they do not quite take the same line as that advocated by Mr Oxley. Will you please advise whether you see any objection to the line taken in these para- graphs of the draft?

4. Apart from the draft submission itself, the other documents to which you may more particularly wish to refer are:

O

C

- the draft Order in Council (Flag R)

the draft Hong Kong Copyright Bill (Flag ) the exclusive television licence held by

Rediffusion Limited (Flag A)

-

Flag

B

the Copyright Act, 1956, (at front cover).

The draft Order in Council does not in itself present any difficulty and has already been agreed; but you will see from paragraph 6 at (32) on the 1968-69 file that the Governor is proposing a further amendment to it. Perhaps you would advise whether there is any legal objection to this amendment.

5. The draft submission will at some stage need to be cleared with the Board of Trade; but before doing that it will, I think, be necessary for the draft to be con- sidered at a higher level in this Department and this will be done as soon as you return these files.

16.

I shall be glad to come and discuss any particular points, at your convenience.

X

P.T.O

(A

May 1970