(23
HKC 031/15
2. AUG 1993
FROM:
Jill Barrett
Assistant Legal Adviser K174 270 3381
DATE:
30 July 1993
Ms Bouch HKD
HONG KONG: SUBSCRIPTION TELEVISION COPYRIGHT PROTECTION
1.
I refer to your minute of 26 July requesting by noon today a draft Order in Council which would extend all the provisions of the Cable and Broadcasting Act 1984 ("the 1984 Act") to Hong Kong.
3. As Miss Brooks and I explained to you at our meeting this afternoon, it is regrettably not possible to make an Order under the 1984 Act extending its provisions to Hong Kong, because the Act does not contain the necessary legal powers. HKG have suggested that we might make such an order using the Copyright, Designs and Patents Act 1988, Schedule 1, paragraph 36(2), which saves the powers in the Copyright Act 1956, section 31(1) under which HK's existing Orders were made. However, section 31 (1) only empowers us to make modifications to the 1956 Act, as applied to Hong Kong by the 1972, 1979 and 1990 Orders. It does not empower us to give effect to the 1984 Act.
Likewise, we could use the powers in section 31(1) to modify the Copyright (Computer Software) (Extension to Territories) Order 1987, which makes amendments to the 1956 Act as applied to Hong Kong. But any such modifications would have to be within the scope of the 1956 Act as amended by the Copyright (Computer Software) Amendment Act 1985. not extend to applying the whole of the 1984 Act.
They could
4. If Hong Kong consider that they can achieve their desired objectives by means of modifications to their existing orders within the scope of the 1956 and 1985 Acts, they will need to tell us what modifications they wish to have made. But if, as I presume is the case, they need completely new legislation dealing with cable television, it will not be possible for us to enact it for them. They will need to introduce the new legislation locally.
5. If any of the above is unclear or if you require further advice, please be so kind as to let me know.
Nut Banett
Jill Barrett
PS.
in case
I enclose copies of the legislation referred to above you wish to look at when drafting your reply to HK.
Please return it to
me
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