TNAG-2277-FCO40-3276-Hong-Kong-and-the-media-1991 — Page 61

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

CONFIDENTIAL

XCC(91)144

a satellite radio service, based on the existing programme code for local radio stations in Hong Kong. To empower the BA to issue such a code the Broadcasting Authority Ordinance will need to be amended.

China Angle

26

We have considered whether we should inform the Chinese side of the Joint Liaison Group should it be decided that an amendment be made to the Licence. As a general rule, we would keep the Chinese informed of any significant changes to franchises or contracts on which we had consulted them. However, this case is rather different as the Licence was awarded at a time when we were still discussing the general question of consultation on franchises with the Chinese. The Chinese complained over the way we informed them of the Licence, and reserved the right to reconsider it in 1997. If we now notify them of the amendment, they are likely to suspect that this is designed to obtain their agreement to the original Licence, and may seize the opportunity to demand further "proper" consultation. The result would be the reopening of a controversy that has now, we hope, died away. We therefore do not propose to inform them of the amendment. In the unlikely event that the Chinese do notice and object to the amendment, we would tell them that the change was minor and did not fall within the agreed parameters for consultation.

FINANCIAL AND STAFFING IMPLICATIONS

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There are no financial or staffing implications.

PUBLIC CONSULTATION

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The BA have been consulted on HV's proposals and support them, as detailed above.

29

HKTI were consulted by the Postmaster General on the WSR proposal. HKTI objects to the proposed exclusion from HKTI's exclusive franchise of the uplinking and downlinking of WSR programmes by HV's own facilities. The grounds of HKTI's objection are that HKTI has not been approached by HV and that HKTI would be able to provide an equivalent service. The Administration has considered HKTI's reasons for objection. We consider that HKTI cannot offer technically an uplinking service using

Executive Council

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