18-77
Reference.
visions contained in an Order in Council (the 1985 Order) made under a provision of the 1956 Act be regarded as
I cannot find anything in the provisions of the 1956 Act? Interpretation Act which assists on this point nor have I been able to find any helpful authorities. My very tentative conclusion is that in the context of paragraph 36(2) provisions contained in an Order in Council made under a provision of the 1956 Act are "provisions of the 1956 Act"; the 1956 Act and any secondary legislation made under it are to be regarded for the purposes of paragraph 36(2) as one legislative unit. Certainly any other interpretation of paragraph 36(2) would be most inconvenient.
would be most inconvenient. I would, however, be very grateful for your views.
4
If the conclusion I have reached in the previous paragraph is correct, then it seems to me that under the last part of paragraph 36(2), the Copyright (Taiwan) (Extension to Territories) Order 1987 can be varied so as to extend the 1985 Order to Hong Kong.
5
Anyway, whatever answers are the right ones, it seems to me that we are stuck with whatever effect the repeal of the 1956 Act has on the various Extension Orders and there is nothing we can do to change that effect by eg the inclusion of a provision in the Copyright (Application to Other Countries) Order or by anything else. This is a question of finding out where we stand rather than being able to take any action.
6
I attach copies of the relevant Orders.
Mark.
MR BUCKNILL
J