TNAG-0265-FCO40-301-Legislation-for-copyright-in-Hong-Kong-1970 — Page 35

CONFIDENTIAL

- 6 -

whether to lay the Order-in-Council.

(c) Provided the decision to lay the Order-in-Council

is taken, authorise the Governor to proceed as he

proposes (subject to certain drafting changes in the

Order-in-Council and the Hong Kong Bill which we believe

are unlikely to cause difficulty), but stressing that we

attach importance to the sounding out of public opinion

at the Legislative Council debate stage.

11. There is a problem of a similar kind connected with

aerials where again the advent of TVB has raised issues con-

cerning certain other rights conferred on RTV under their

licence. It would appear that legally RTV have an unassailable

case here, but the Governor is insistent that in equity he must

vary the present situation with the risk that the Government may

be taken to Court and compelled to pay compensation to RTV.

12. Here, I think, we can authorise the Governor to proceed

as he wishes at his own risk. Again this is a problem which

ought to be soluble by men of good will. We had hoped that a

concession by RTV to TVB in the matter of aerials might have

been matched by one by TVB in the matter of relay.

13. We shall, of course, have to carry the Board of Trade with

us at each stage and the attached draft submission is being

cleared with them before it is formally submitted to Ministers

here and in the Board of Trade.

14. I am putting these papers to you now since it is possible

(although I think, unlikely) that the Governor will raise the

/matter

CONFIDENTIAL