TNAG-0265-FCO40-301-Legislation-for-copyright-in-Hong-Kong-1970 — Page 64

agree to provide any householder or

owner of a building requiring it with

an ADS without imposing any conditions

1

other than such as are necessary for the

protection of the connection or system

and for the payment of a reasonable

charge. He felt, however, that in the

event that RTV were able to prové no more

than that they were willing and able

to provide ADS, and that the Hong Kong

Government were aware of this, it is

doubtful whether a court would hold that

the Government had not acted in good

faith in diminishing the company's rights

under its licence".

37. The Governor has said that he would

seek his Executive Council's advice again

on compensation for loss of RTV's aerial

rights if Ministers consider that

arrangements for quantifying and paying

compensation should be made before the

licence is modified.

But the department

considers that he should not be asked to

do this since :-

(a) the arguments in paragraph 34

(b)

constitute a strong case for

the Government's action in

varying, in the public interest,

the terms of the licence and to

offer compensation in these

circumstances might create an

awkward precedent;

the company has more or less

conceded that there is a case

in the public interest for the

Government's proposed action,

28.

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