XN000022-1991-01-28 — Page 11

CRIMINAL SANCTIONS

MONDAY, JANUARY 28, 1991

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ON CRIMINAL PROVISIONS RELATING TO COPYRIGHT INFRINGEMENT, A MAJORITY OF THE SUB-COMMITTEE FAVOURED AN INCREASE IN THE LEVEL OF MAXIMUM FINES TO TAKE ACCOUNT OF INFLATION. THEY SUGGESTED A SECOND TIER OF HIGHER PENALTIES FOR SECOND AND SUBSEQUENT OFFENCES.

SPECIAL COURT PROCEDURE

THE

SUB-COMMITTEE GAVE A LOT OF THOUGHT TO THE SPECIAL COURT PROCEDURE UNDER SECTION 9 OF THE COPYRIGHT ORDINANCE, CONCERNING THE FILING OF AFFIDAVIT EVIDENCE AND THE EFFECT AND IMPLICATION OF THE PRESUMPTION OF OWNERSHIP OF COPYRIGHT IT CREATED. IT RECOMMENDED THAT SECTION 9 SHOULD BE MODIFIED AND SHOULD AT LEAST CONTINUE TO APPLY ΤΟ CRIMINAL PROCEEDINGS.

THE SUB-COMMITTER CHAIRMAN, MR JUSTICE NAZARETH, HOPED THAT THE CONSULTATIVE DOCUMENT WOULD GENERATE PUBLIC AND PROFESSIONAL INTEREST, AND WOULD PROMOTE INFORMED COMMENTS ON THE TENTATIVE LAW REFORM PROPOSALS.

TO

HE SAID THAT WHILE THE PRIMARY CONCERN OF COPYRIGHT WAS PROTECT CREATORS OF INTELLECTUAL PROPERTY BY ENSURING THEY WOULD RECEIVE A PROPER REWARD FOR THEIR LABOUR, SKILL AND INVESTMENT, THE LAW MUST ALSO SAFEGUARD THE PUBLIC INTEREST IN HAVING ACCESS ΤΟ CREATIVE IDEAS THAT WOULD STIMULATE COMPETITION.

DURING DELIBERATIONS IN THE PAST THREE YEARS, THE SUB-COMMITTEE HAD LOOKED AT RECENT LEGISLATIVE INITIATIVES IN THIS AREA IN JURISDICTIONS.

OTHER

THE UNITED KINGDOM COPYRIGHT ACT 1956, WHICH IS STILL APPLIED IN HONG KONG, HAS BEEN REPLACED BY THE COPYRIGHT, DESIGNS AND PATENTS ACT 1988. THE SUB-COMMITTEE HAS CONSIDERED THE ADVANTAGE OF REMAINING ASSOCIATED WITH A READY SOURCE OF PRECEDENT BY FOLLOWING THE 1988 WHEREVER SUITABLE TO HONG KONG'S NEEDS.

ACT

MR JUSTICE NAZARETH POINTED OUT THAT NEW LEGISLATION IN HONG KONG HAD TO BE COMPATIBLE WITH HONG KONG '9 INTERNATIONAL LEGAL OBLIGATIONS ON COPYRIGHT STANDARDS IN ORDER TO ENABLE WORKS OF HONG KONG COPYRIGHT OWNERS OR WORKS PUBLISHED IN HONG KONG ΤΟ RECEIVE RECIPROCAL TREATMENT IN OTHER COUNTRIES.

COMMENTS ON ISSUES DISCUSSED IN THE CONSULTATIVE DOCUMENT ARK WELCOME, AND SHOULD BE FORWARDED NO LATER THAN APRIL 30,

ALL ENQUIRIES AND COMMENTS SHOULD BE SENT TO:

THE SECRETARY,

THE COPYRIGHT SUB-COMMITTEE,

THE LAW REFORM COMMISSION OF HONG KONG,

FIRST FLOOR, HIGH BLOCK,

QUEENSWAY GOVERNMENT OFFICES,

66 QUEENSWAY,

HONG KONG

1991.

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