TNAG-2079-FCO40-2959-Hong-Kong-press-coverage-and-reports-1990 — Page 61

I

2

(B) The legal implications arising from the Executive Council's

decision regarding deregulation :-

(i)

(ii)

On 28 February, 1989, the Executive Council decided in favour of deregulation of SMATV systems. A statement was issued that the Executive Council decided in favour of

liberalising current restrictions on the use of TVROS and SMATV systems;

As regards HKCC

HKCC would not succeed were they to seek an indefinite deferral of deregulation or to claim that TVROS and SMATV systems form part of their exclusive franchise.

(iii) As regards Hutchison and other third parties

Should deregulation be deferred, it could be argued by those who had expended moneys in research on or development of satellite television operations, in anticipation of deregulation of SMATV systems, that Government owed them some duty in law. The Attorney General's Chambers has advised that in the circumstances no legal duty is owed by the Administration to such persons and that any decision of this Council to defer deregulation is not judicially reviewable.