CONFIDENTIAL
22/
MEMORANDUM
HONG KONG
COPYRIGHT LEGISLATION WITH PARTICULAR REFERENCE TO SOUND AND TELEVISION BROADCAST AND RELAY SERVICES IN THE COLONY
The Hong Kong Government is proposing that the UK Copyright Act of 1956 should be applied, with appropriate modification, to Hong Kong and that the Colony's own copy- right legislation should be amended to bring it up to date and to supplement the UK Act. This is in itself most des-
irable.
2.
There is in Hong Kong a broadcasting company, Redif- fusion (Hong Kong) Limited, which possesses certain exclusive sound and television relay rights under a licence granted to it in 1957. The Hong Kong Government proposes substantially to diminish those rights:-
3.
(1) by conferring, in the proposed legislation (as
modified), copyright in television broadcasts and (an apparently unique provision) to make it an infringement of such copyright to relay tele- vision broadcasts without the permission of the
originating broadcast organisation;
(2) by revoking the Company's existing licence and
replacing it with a new licence, which will diminish the Company's exclusive right to set up and operate certain types of communal aerial
systems.
Insofar as the Company has a claim to compensation under (2), the Hong Kong Government proposes to leave this to be pursued by the Company in the courts.
4. The question to be decided is whether these proposals can be accepted, taking account (inter alia) of the probab- ility that strong pressure may be brought to bear in Parliament on behalf of the interests concerned.
CONFIDENTIAL
/BACKGROUND
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