CODE 18-771
MR MANGAT
From:
DAVID IRVING
IPCD
1512 STATE HOUSE 3511-6020
2 February 1990
Reference
CC: Mr Britton
COPYRIGHT-EXTENSION TO HONG KONG
I refer to your minute of 1 February! As you say, Mr Whomersley appears to have found a way round the Taiwan problem, but I am unsure of all the implications.
2. I know that Hong Kong is actively reviewing copyright legislation, presumably with a view to domestic legislation and amendment or repeal of the 1956 Act. I therefore presume that they do not want the 1988 Act extended to the colony since they intend to go their own way shortly (although with 1996 on the horizon any new law seems likely to be short lived). However, extension of the 1988 Act to Hong Kong would provide a simpler vehicle to apply Hong Kong legislation to Taiwan, and indeed all the other countries in our Application to Other Countries Order. Perhaps we should at least make the offer; the 1988 Act could be a useful inter-regnum pending domestic legislation.
3. Assuming Hong Kong declines this offer, and sticks with the 1956 Act, I think we should try and persuade them to take on board post 1979 amendments. Whilst it seems highly desirable that they take the 1982 and 1983 amendments on board, I think we should make a special effort to get the 1985 Act extended to Hong Kong. You will appreciate that there are strong policy reasons for ensuring computer programs are protected under copyright law; I would expect the Hong Kong authorities to be sympathetic to this. Although the Cable and Broadcasting Act amendments are probably irrelevant to Taiwan (as you say), they are not irrelevant to Hong Kong (assuming there are cable networks in the colony). The current draft Order is concerned with the law in Hong Kong and not extension to Taiwan, so I think the 1984 Act may be of interest to the Hong Kong authorities.
4. I agree with your suggestion for the Explanatory Note.
DAVID IRVING