TNAG-0265-FCO40-301-Legislation-for-copyright-in-Hong-Kong-1970 — Page 28

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learning had to be diverted to a somewhat arid and technical discussion

as to

and as to whether or not it would be 'lawful' to pass a Bill

which when called an Ordinance would quite definitely be void").

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As a matter of probity, the objectionable features effectively prevent

Rediffusion from exercising one of the three basic rights in the

Television Licence granted to them, after careful negotiation, by the

Hong Kong Government in 1957. ("The right to and to relay from

the distribution station any television programme broadcast from any

broadcasting station included in the official list of broadcasting

stations .."). In reliance upon the terms of that Licence, Rediffusion

initiated the first television service in Hong Kong, and have invested

very large sums of capital in a wired television network which is capable

of carrying transmissions from its own studios and relaying the programmes

of other broadcasters. Until the advent of another television broadcaster

in 1967 the relay right, of necessity, had to remain unexercised but,

at the very moment when it first became usable, Hong Kong Government

announced its intention of altering the copyright law in such a way as

to make the relay by Rediffusion of broadcast television entirely subject

to the license of the broadcaster, which the latter could, at his whim,

refuse, or grant on whatever terms he chose to dictate.

As a matter of equity, the objectionable features have not been borne

out of any misconduct or neglect on the part of Rediffusion, who have

played a unique and fundamental role and have undertaken the risks

inherent in the establishment of television in Hong Kong.

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