TNAG-0265-FCO40-301-Legislation-for-copyright-in-Hong-Kong-1970 — Page 32

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and did not prevent the Government from altering the copyright

law.

3. Not unnaturally RTV saw this move as aimed at themselves

and objected strongly on the grounds that it affected the

whole basis on which their TV operation had been conceived and

introduced and on which basis they had sunk very considerable

capital in their venture. Attempts to reconcile the two

parties in Hong Kong on the basis of the Government's proposal

followed and the Governor, after consultation with his

Executive Council, sought permission from the Secretary of

State to introduce legislation on the basis proposed including

in the Hong Kong Bill the contentious Clause (2) on copyright

of TV programmes.

4. RTV then sought a declaration from the Supreme Court of

Hong Kong that the Government had no right to do this. The

case eventually went to the Judicial Committee of the Privy

Council who supported the Supreme Court in saying that the

Government had the right to do what they intended. There is

therefore no legal bar to the enactment of the proposed Bill

by the Hong Kong legislature although it could still be

challenged in the Courts after its enactment.

5.

What we are being asked by the Governor to do is:-

(a) to introduce in Parliament here an Order-in-Council

permitting the extension of the U.K. copyright Act, 1956,

to Hong Kong. Of itself this should be simple and non-

contentious, but the purposes of the Hong Kong Government

in respect of their own implementing legislation are well

/known

CONFIDENTIAL