TNAG-2275-FCO40-3274-Hong-Kong-and-the-media-1991 — Page 107

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2

2.

3.

(2)

indemnify the Hong Kong Government and in due course the statutory successor to RTHK, and their respective servants and agents, against all actions and claims arising out of relay-broadcasts of the World Service. Such indemnity will not, however, cover actions and claims arising out of those parts of the relay-broadcasts of the World Service which have been edited by RTHK unless RTHK had reasonable grounds for editing the relay-broadcasts and had taken reasonable steps to consult the BBC before doing so.

Each party to this agreement

(1)

(2)

is excused from its performance under 1 (1) above if and for so long as the failure to perform is attributable to any force majeure, namely any riot, civil commotion, strike, fire, explosion, typhoon, storm, flooding, landslide, subsidence of ground, war, blockade, embargo or breakdown of plant, machinery or equipment other than a breakdown caused by a failure to replace, maintain or repair the plant, machinery or equipment within the control of the party in question promptly or properly; and

Telecommunications

and regulations

will observe the International Convention and recommendations thereto as well as the laws which apply to Hong Kong from time to time and by which this agreement is governed.

In so far as the relay is dependent upon the transmission facilities of Hong Kong Commercial Broadcasting Company Ltd ("HKCR") RTHK is excused from performance under 1(1) above if and for so long as the failure to perform is reasonably attributable to the consequences of a mid-term review on or after 26 August 1995 of the sound broadcasting licence granted by the Governor in Council to HKCR on 23 August 1989 provided that RTHK has taken all reasonable steps to obtain transmission facilities alternative to those provided by HKCR in order to resume relay-broadcasts of the World Service.

Kindly confirm that you now find this an acceptable agreement by appending your signature below. In due course I would be grateful if you let me have a copy of the Secretary of State's approval.