TNAG-0265-FCO40-301-Legislation-for-copyright-in-Hong-Kong-1970 — Page 46

broadcasting licence had been granted

to TVB, RTV had made application to the

telecommunication authority in Hong Kong

for the allocation of frequencies to

enable planning for their relay of

broadcast television to proceed.

That

authority and the Hong Kong Government

must therefore have been well aware,

for several years, of RTV's intentions

as regards the exercise of their relay

rights.

14. The strength of RTV's feelings on

the subject was such that in 1968 they

applied to the Supreme Court of Hong

Kong for a declaration that it would

be unlawful for the Hong Kong Legislative

Council to pass the proposed Copyright

Bill and for an injunction to prevent

them from doing so. The Hong Kong

Government's response to this action was

to claim:-

(a) that the Supreme Court had no

jurisdiction in the matter

(b) that there were no reasonable

grounds for RTV's claim. The

Supreme Court rejected (a) but

accepted (b) and struck out

RTV's claim. The case then went

on appeal to the Judicial

Committee of the Privy Council

which, on 15 April, 1970,

upheld both decisions of the

Hong Kong Supreme Court.

There is therefore no legal

bar to the enactment of the

10.

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