TNAG-0265-FCO40-301-Legislation-for-copyright-in-Hong-Kong-1970 — Page 63

NOTHING TO BE WRITTEN IN THIS MARGIN

W(B)L 51-7406

CONFIDENTIAL

it is not considered that any legal

claim to compensation could be established

by RTV if their licence was so modified

unless the company could prove that the

Hong Kong Government was not acting in

good faith in the public interest.

It

is the Hong Kong Government's view that

the company should be left to pursue

through the courts any claim to compensation

it may consider it has and that there

should be no prior offer by the Government

to discuss and settle the question of

modifying the licence or of compensation.

36. One of our legal advisers suggested

that, before taking steps to diminish RTV's

rights under the licence, the Hong Kong

Government should first ascertain whether

the company was able and willing to provide

the public with ADS on reasonable terms.

This suggestion was put to the Hong Kong

Government but they are unwilling to pursue

it, arguing that it is not so much a

question of whether RTV are willing and

able to provide the service but rather

that they may not; and that in any event

they ought not to have the exclusive power

to do so. The legal adviser concerned took

the view that a court might consider the

fact that RTV would be in a position to

impose unreasonable charges and

conditions to be not enough to show that it

was in the public interest to deprive the

company of the right in question; and

might consider that the Hong Kong Government

should be able to show that RTV had refused to

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