CONFIDENTIAL
FM HONG KONG
TO PRIORITY FCO
TELNO 860
OF 090645Z MARCH 90
CONFIDENTIAL
150 3622
044214 MDLIAN 4886
HKB 011/6
R.
TRY
- . MAY 1990
GISTRY
IND
irun Taken
CABLE TELEVISION COPYRIGHT PROTECTION
A DECISION TO INTRODUCE CABLE TELEVISION TO HONG KONG HAS TAKEN AND THE SUCCESSFUL BIDDER CHOSEN.
BEEN
2. THERE IS CURRENTLY NO COPYRIGHT PROTECTION AVAILABLE FOR CABLE TELEVISION IN HONG KONG. THE LAW REFORM COMMISSION (LRC) IS EXAMINING COPYRIGHT GENERALLY BUT IS YET TO COMPLETE ITS TASK. WE NEED TO MAKE TEMPORARY PROVISION IN THIS AREA PENDING THE LRC REPORT AND SUBSEQUENT LEGISLATION.
3.
(I)
(II)
(III)
(IV)
FOUR OPTIONS HAVE BEEN RECOGNISED:
APPLY RELEVANT PARTS OF THE UK COPYRIGHT DESIGNS AND PATENTS ACT 1988 (THE 1988 ACT) TO HONG KONG BY ORDER-IN-COUNCIL:
AMEND THE COPYRIGHT ACT 1956 (THE 1956 ACT) IN ITS APPLICATION TO HONG KONG BY AMENDING THE COPYRIGHT ORDINANCE (CAP. 39) TO INTRODUCE PROVISIONS BASED ON SECTIONS 22-24, SECTION 57(1) AND SCHEDULE 5 PARAGRAPH 6 OF THE CABLE AND BROADCASTING ACT 1984 (THE 1984 ACT):
*
A STAND ALONE COPYRIGHT (CABLE TELEVISION) ORDINANCE: OR
AMEND THE COPYRIGHT CHONG KONG) ORDERS), WHICH EXTEND THE PROVISIONS OF THE 1956 ACT TO HONG KONG, TO ALSO EXTEND SECTIONS 22-24, SECTION 57(1) AND SCHEDULE 5, PARAGRAPH 6 OF THE 1984 ACT, WHICH AMENDED THE 1956 ACT, TO HONG KONG.
4. OPTION (I) IS NOT FAVOURED AS
OPTION (I) IS NOT FAVOURED AS IT WOULD PRE-EMPT THE LRC'S WORK AND WOULD REQUIRE SUBSEQUENT LOCALISATION. IT WOULD ALSO BE DIFFICULT TO APPLY THE CABLE PROGRAMME PARTS OF THE 1988 ACT WITHOUT ALSO APPLYING MANY OTHER CONNECTED SECTIONS, SUCH AS DEFINITIONS.
5. OPTION (II) IS POSSIBLE AS UNDER SECTION 4(2) (C) OF THE
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