CONFIDENTIAL
Relevant extract of legal advice relating to the capacity of the Hong Kong legislature to enact local
aws ΤΟ provide Luuvijenu protection für cable oro
:
10.
If in fact the extension of the Cable and Broadcasting Act provisions on cable programmes is now impossible for the reasons advanced by FCO/DTI, can the local legislature enact an ordinance which provides copyright protection for such programmes? This alternative is now being actively considered, but before We proceed much further with it we need to be satisfied that it too 13 not impeded by fundamental legal obstacles.
11.
consideration is
The meed for caution and careful prompted by the terms ci section 31 of the 1956 ALL. That section constitutes "the provisions of the 1956 Act under which (our own Copyright (Hong Kong) Orders 1972-1990) was made": see paragraph 35(2) of the CDP Act 1988 It should not he forgotten that a major challenge
the capacity of the Hong Kong legislature to add to the provisions of the Imperial copyright regime has
has been mounted in the past in the "Rediffusion" litigation of twenty or so years ago. This went as far as the Privy Council: see Rediffusion (Hong Kong) Limited v Attornev General (1966) KLR 277 (Full Court) and (1970)
201 ALAN ALAN Council). The point which I now propose to examine should therefore not be regarded as merely fanciful but raises a serious question of law.
12.
****
Section 31 (3) of the 1956 Act specifically empowers "the legislature of any country to which any provisions of this Act have been extended" to "modify or add to" those provisions in their operation as part of the law of that country. Such modifications or additions are limited in two ways, however. Firstly, they may only be for the purpose of adapting the provisions which have been extended "to the circumstances of that country"; secondly, by virtue of a proviso to the subsection, they cannot apply to "a work or other subject-matter in which copyright can subɛist" unless certain stated conditions. are satisfied (unless the modifications or additions in question relate only to matters of procedure or to remedies).
CONFIDENTIAL