NOTHING TO BE WRITTEN IN THIS MARGIN
W(B)L 51-7406
CONFIDENTIAL
or
settlement between RTV and TVB which might
make the contentious Clause unnecessary,
introduce the legislation less the
contentious Clause 4(2) so that at least
the bulk of the copyright problems would
be resolved. His reply was that the first
would be
course useless and he opposed the second.
He asked that we should approve his
proposals in the form in which they have
been submitted.
8.
Our Legal Advisers are of the view that
4(2) although the contentious Clause is not
Λ included in United Kingdom legislation
there is no reason why it should not be
introduced if the special circumstances of
Hong Kong demand it. They do not believe
it to be ultra vires, though this is no
guarantee that it will not be contested
if the legislation ultimately comes into
force.
9.
There therefore seems no legal reason
why we should not authorise the Governor
to proceed as he wishes. The only issues
on which Ministers may feel doubtful of
proceeding as the Governor wishes are
moral and political:-
(a) Have RTV been treated with less
than justice by the Hong Kong Government
who undoubtedly did change their policy
to the prejudice of RTV's commercial
operations, though for reasons which
seemed entirely valid to the Government?
(b) If there is any danger of strong
opposition to, or even rejection of,
the Order in Council in Parliament
are Ministers willing to launch the
operation?/My own personal feeling
fis.....
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