CONFIDENTIAL
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MDLIAN 0773
6. THERE IS CURRENTLY NO COPYRIGHT PROTECTION FOR CABLE TV PROGRAMMES IN HONG KONG. PENDING THE COMPLETION OF THE COMPREHENSIVE REVIEW OF THE COPYRIGHT LAW BY THE LAW REFORM COMMISSION (LRC) AND SUBSEQUENT ENACTMENT OF LEGISLATION, A STOP- GAP MEASURE IS REQUIRED TO PROVIDE COPYRIGHT PROTECTION FOR THE CABLE TELEVISION PROGRAMMES SOON TO COME ON STREAM.
7. WE THINK IN THE CONTEXT OF THE PRESENT SUBSCRIPTION TELEVISION EXERCISE, ALL THE PROVISIONS IN THE 1984 ACT SHOULD BE EXTENDED TO HONG KONG.
8. FOR YOUR INFORMATION, A PROVISION HAS BEEN INCLUDED IN THE TELEVISION AMENDMENT ORDINANCE 1993 TO CRIMINALISE THE
IMPORTATION, MANUFACTURE, SALE AND HIRE OF UNAUTHORISED DECODERS IN THE COURSE OF TRADE OR BUSINESS.
9.
BROADCASTS MADE FROM A PLACE IN HONG KONG ARE PROTECTED IN HONG KONG UNDER SECTION 3 OF THE COPYRIGHT ORDINANCE. WE CONSIDER THAT IT IS NOOT CLEAR WHETHER AN EXTENSION BY IMPERIAL ORDER OF THE PROVISIONS OF THE 1956 ACT AS AMENDED BY THE 1984 ACT WOULD APPLY TO SUCH BROADCASTS. A PROVISION SPECIFYING THAT THE 1956 ACT AS AMENDED APPLIES TO BROADCASTS OF THE HONG KONG BROADCASTERS SPECIFIED IN THE SCHEDULE TO THE COPYRIGHT ORDINANCE AS IT DOES TO THE BROADCASTS OF THE BROADCASTERS REFERRED TO IN THE 1956 ACT MAY HAVE TO BE INCLUDED.
10. WE HAVE ALREADY CONSIDERED THE MECHANISM FOR THE INTRODUCTION OF THE AMENDMENTS TO HONG KONG. WHILST IT IS AGREED THAT THE APPROPRIATE MECHANISM IS A 'VARIATION' OF THE TYPE ENVISAGED BY PARAGRAPH 36(2) OF SCHEDULE 1 TO THE COPYRIGHT, DESIGNS AND PATENTS ACT 1988, WE ARE NOT SURE WHETHER AN AMENDMENT TO THE COPYRIGHT CHONG KONG) ORDERS 1972 AND 1979 (S.I. 1972 NO 1724 AND S.I. 1979 NO 910) IS APPROPRIATE, AS THAT ORDER PRECEDED THE 1984 AMENDMENTS. IF THIS DOES POSE A PROBLEM, WE SEE NO REASON WHY THE COPYRIGHT (COMPUTER SOFTWARE) EXTENSION TO TERRITORIES) ORDER 1987 (S.I. 1977 NO 2200) SHOULD NOT BE VARIED INSTEAD.
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