CONFIDENTIAL
3
6.
an Order
repeal as
paragraph
HKG's
interpretation.
The power to "vary"
in Council made under the 1956 Act before its
part of the law of the United Kingdom is, by 36 (2) of Schedule 1 of the 1988 Act, expressed
"under the provisions of the 1956 Act under which
it was made". That provision is Section 31, the
to be
material part of which provides that:
"Her
Majesty may by Order in Council direct
that any of the provisions of this Act
specified in the Order (including any
enactments for the time being in force
amending or substituted for those
provisions) shall extend, subject to
such exceptions and modifications (if
any) as may be specified in the Order,
to
7.
(c)
any colony
The provision which enabled Her Majesty in Council to make the Copyright (Hong Kong) Order 1972 and
to vary it in 1979 and again in 1990, allows the
provisions of the 1956 Act, as they stand at any
particular time, to be extended, inter alia, to any
colony. For the purpose of making variations of the
1972 and 1979 Orders after the date on which 1956 Act
stood repealed, it seems to us that the ghostly corpus of legislation which then passed into the realm of the
un-dead until some future appropriate legislative device
finally drives a stake into its heart, must consist in
the 1956 Act in the form which it took immediately before that repeal.
8.
Your FUR suggests that your legal advisers see the words "under which it was made" in paragraph 36(2)
being a reference to the 1956 Act as a whole.
other words, paragraph
as
36(2) has the
/Order
In
effect that the