TNAG-1952-FCO40-2781-Extension-of-Copyright-(Taiwan)-Order-1985-to-Hong-Kong-1989 — Page 13

For decision

CONFIDENTIAL

HKC124/2

12

on 28 November 1989 RECEIVED IN REGISTRY

29 BAN 1990

CC (89) 156

C(8

Copy No.

MEMORANDUFFIŒFOR EXECUTIVE COUNCIL

32.

INDEX

PA

Action Taken

EXTENSION OF THE UK COPYRIGHT (TAIWAN) ORDER 1985

THE PROBLEM

The

Taiwanese

TO HONG KONG

Government

refuses to accept

registration of copyright on works originating from Hong Kong because Hong Kong does not provide reciprocal protection to Taiwanese copyright works.

RECOMMENDATION AND ADVICE SOUGHT

2

(a)

(b)

It is recommended that

-

the UK Government be requested to extend the UK Copyright (Taiwan) Order 1985 to Hong Kong; and

China be informed through the Political Adviser's Office of the decision shortly

before extension of the Order is made.

3

Members will be asked to advise recommendation should be approved.

whether this

BACKGROUND AND ARGUMENT Background

4

Copyright legislation in Hong Kong is a combination of the UK Copyright Act 1956 (as amended by the Design Copyright Act 1968 and the UK Copyright (Computer Software) (Amendment) Act 1985) extended to Hong Kong by Orders in Council, and various Regulations and Rules made by the Governor in Council or the Chief Justice respectively. These provide protection for copyright holders against infringement of rights in literary, dramatic, musical and artistic works, sound recordings, cinematograph films, television and sound broadcasts and published editions of works. The Copyright Ordinance (Chapter 39) mainly provides for criminal sanctions and enforcement action in Hong Kong.

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