TNAG-0265-FCO40-301-Legislation-for-copyright-in-Hong-Kong-1970 — Page 135

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

HKK 16/2

CONFIDENTIAL

15

2 June, 1970.

See 132

On 1968/69

Volume.

Extension of the Copyright Act, 1956, to Hong Kong

Will you please refer to my letter to you, HKK 16/2, of 15 May on the above subject?

2.

On going through back papers, I find that the Governor sent us in November, 1969, a final draft of the Copyright (Hong Kong) Order in Council. A copy of the draft is enclosed. The draft shows one change from the draft previously approved. This change is to be found in the modification of Section 48(3) of the Copyright Act, 1956. The Governor states that the object of the original modification was to bring Rediffusion's own programme (which is not, of course, a relay) within the phrase: "transmitted to subscribers to a diffusion service" The Governor's legal advisers now feel that the earlier modification might be con- strued as not including a relay and have accordingly proposed a modification which, they believe, clearly includes both a relay and an originated wired service.

3. This is, I think, a matter for the Board of Trade to consider; but it seems to us that Section 48(3) of the Copyright Act, 1956, does cover programmes originated by the operator of a diffusion service.

4. We should be grateful to learn whether you consider that there is any substance in the point raised by the Governor.

(A. W. Gaminara) Hong Kong Department

I.J.G. Davis, Esq.,

Industrial Property and Copyright Department,

Board of Trade,

25 Southampton Buildings,

London, W.C.2.

XT. 111.

LAST

Я

REF.

NERI

CONFIDENTIAL

REF.

26

Page 135Page 136

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