copyright in the United Kingdom, both the broadcaster and the owners
of the copyright in the works broadcast could bring actions in Hong
Kong to restrain relay operations if the Act is extended and amended as
contemplated.
24 The legal conditions relating to relay existing in the
United Kingdom can only be obtained in Hong Kong if relieving provisions
similar to Section 40 of the Act, suitably amended to relate to local
broadcasts, are brought into force there through the Order in Council
extending the Act to Hong Kong and, if local legislation does not make
it an infringement of copyright to relay a broadcast. Proceedings by
the Company in Hong Kong against the members of the Legislative Council
of Hong Kong concerning the legality of the proposed Bill are now under
appeal.
25.
Provisions similar to Section 40 of the Act are of the utmost
importance to a relay operator as without them, he could not relay local
broadcasts without fear of continuous claims for infringement of copyright.
He could not possibly hope to clear the inumerable copyrights in the
works broadcast in advance as he would be unaware of the detailed contents
of the programmes.
26
The object of the Company is, therefore, to ensure that the
copyright position relating to relay operations obtaining in Hong Kong
after the Act has come into force there will be the same as that
obtaining in the United Kingdom.
7.