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BOARD OF TRADE
CA 4/2/4NDUSTRIAL PROPERTY AND COPYRIGHT DEPARTMENT
25 Southampton Buildings, LONDON W.C.2
The Oxley
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Telegrams: Patoff, London, W.C.2
Telephone: 01-405 8721, ext. 110
18.4.68.
46
460/€
Our Ref:- IPCD.36862
Dear Beattie,
5)
17th April, 1968
Reed 18/4.
re: Extension of the Copyright Act to Hong Kong
In our letter to you of 23rd February, 1968, we discussed the question of whether 40(3) of the Copyright Act should be extended to Hong Kong and we promised that, in order to save time, we would not wait for a decision on that matter but would submit the rest of the proposals to our Solicitor's Department for their detailed consideration. This we have now done and we list below some points in the Order which
seem to us to require attention:- 22(6)
1.
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The cancellation of Section 22(b) of the Act would leave no provision for disposing of fees but presumably there is some general provision in Hong Kong customs legislation.
2. The Governor's saving despatch asks for advice on the effect of sub-sections 48(4), (5) and (6). Section 48(4) has to be read in conjunction with Sections 401 conjunction with Sections 40(1) and (2) of the Act, the intention being to protect a person who causes a public performance of a work by virtue of allowing the broadcast to be seen or heard from action for infringement of the copyright of any film or record which may be comprised in the broadcast. Such a person cannot be expected to know whether the matter broadcast is "live" or whether it is recorded. seems as appropriate to extend this protection to a person receiving programmes from the B.B.C. or I.T.A. as it is for one receiving local broadcasts and it therefore appears that all three of these Sections should be extended.
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3. Although the Governor says that there appears to be no necessity to bring the regulation making powers in the Act into operation in Hong Kong separately from the remaining powers, our Solicitor's Department suggests that he may wish to bring the provisions for making regulations into force before the others. If so, the Act as extended should provide that different days be appointed for different purposes.
40
Our Solicitor's Department have made a number of small amendments to the draft Order which are, I think, self-explanatory. (Enclosed).
The Ordinance
We have also discussed this matter with Oxley of your office who has asked for our comments on the draft Ordinance.
We have the following:-
1.
In the definition of sound broadcast the comma between "wires" and "or" should be between "broadcast" and "to" in the third line.
H.R.M. Beattie, Esq.,
Commonwealth Trade Department,
Commonwealth Office,
Downing Street, S.W.1.
/2. In
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