TNAG-0086-FCO40-122-Copyright-legislation-1968 — Page 155

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

CONFIDENTIAL

EG 2/20

Private Secretary

Letter of 2 March from Mr. Wells. M.P.

Hong Kong Copyright Legislation

For at least six months the Hong Kong Government

In February the Hong Kong

has had under active consideration the enactment of a

new Copyright Ordinance.

Government sent us the draft of this for consideration

and advice. The draft depends on the assumption that

meanwhile the United Kingdom Copyright Act of 1956,

appropriately modified, will have been applied by

Order in Council to Hong Kong. A draft Order in

Council and the proposed modifications were also

referred to us in February. It will be for the

President of the Board of Trade to pilot the Order

in Council.

2. The Hong Kong Government have, throughout the

formative stage of this legislation, kept Rediffusion

(Hong Kong) closely informed regarding their

intentions, and also Television Broadcasts (Hong

Kong), a new commercial T.V. service. Rediffusion

(Hong Kong) have argued throughout that the proposed

legislation is, in certain of its aspects, inimical

to their interests and, in particular, is inconsistent

with a licence which they hold, granting an exclusive

right to establish a wired television service.

Representations to this effect have been made both in

Hong Kong and London.

3. The Board of Trade Solicitors and the

Commonwealth Office Legal Advisers are now studying

the Hong Kong drafts, which raise complicated legal

issues. It is not possible to assess what they will

advise, but it is probable that in at least one

respect they will advise a reference back to the

Hong Kong Government, suggesting amendment which

would resolve what is probably the company's main

concern.

CONFIDENTIAL

14.

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