TNAG-0265-FCO40-301-Legislation-for-copyright-in-Hong-Kong-1970 — Page 68

NOTHING TO BE WRITTEN IN THIS MARGIN

W(B)L 51-7406

CONFIDENTIAL

an infringement of that copyright if such

were

a broadcast relayed to subscribers

a

diffusion service, without the licence of the

originating broadcast organisation. The

Hong Kong Government argued that though this

would have the effect of altering the terms

RTV'S

of ROB's licence, that licence was subject

to whatever legislation on copyright was in

force and did not prevent the Government

altering

from following 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

4(2) on copyright of TV programmes.

4. RTV

then

RTV sought a declaration from the Supreme

Court of Hong Kong that the Government had no

case

right to do this. The companies 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.

/What.....