TNAG-2006-FCO40-2854-Cable-television-in-Hong-Kong-copyright-protection-1990 — Page 25

CONFIDENTIAL

FM HONG KONG

TO PRIORITY FCO

TELNO 860

OF 090645Z MARCH 90

CONFIDENTIAL

044214

MDLIAN 4886

HKB 011/6

RL

*TRY

MAY 1990

GISTRY

IND

Aion Taken

CABLE TELEVISION COPYRIGHT PROTECTION

A DECISION TO INTRODUCE CABLE TELEVISION TO HONG KONG HAS BEEN TAKEN AND THE SUCCESSFUL BIDDER CHOSEN.

2. THERE IS CURRENTLY NO COPYRIGHT PROTECTION AVAILABLE FOR CABLE TELEVISION IN HONG KONG. THE LAW REFORM COMMISSION (LRC) IS EXAMINING COPYRIGHT GENERALLY BUT IS YET TO COMPLETE ITS TASK. WE NEED TO MAKE TEMPORARY PROVISION IN THIS AREA PENDING THE LRC REPORT AND SUBSEQUENT LEGISLATION.

3.

(I)

(II)

FOUR OPTIONS HAVE BEEN RECOGNISED:

(III)

(IV)

APPLY RELEVANT PARTS OF THE UK COPYRIGHT DESIGNS AND PATENTS ACT 1988 (THE 1988 ACT) TO HONG KONG BY ORDER-IN-COUNCIL:

AMEND THE COPYRIGHT ACT 1956 (THE 1956 ACT) IN ITS APPLICATION TO HONG KONG BY AMENDING THE COPYRIGHT ORDINANCE (CAP. 39) TO INTRODUCE PROVISIONS BASED ON SECTIONS 22-24, SECTION 57(1) AND SCHEDULE 5 PARAGRAPH 6 OF THE CABLE AND BROADCASTING ACT 1984 (THE 1984 ACT):

A STAND ALONE COPYRIGHT (CABLE TELEVISION) ORDINANCE: OR

WHICH EXTEND THE AMEND THE COPYRIGHT CHONG KONG) ORDERS), PROVISIONS OF THE 1956 ACT TO HONG KONG, TO ALSO EXTEND SECTIONS 22-24, SECTION 57(1) AND SCHEDULE 5, PARAGRAPH 6 OF THE 1984 ACT, WHICH AMENDED THE 1956 ACT, TO HONG KONG.

4. OPTION (I) IS NOT FAVOURED AS IT WOULD PRE-EMPT THE LRC'S WORK AND WOULD REQUIRE SUBSEQUENT LOCALISATION. IT WOULD ALSO BE DIFFICULT TO APPLY THE CABLE PROGRAMME PARTS OF THE 1988 ACT WITHOUT ALSO APPLYING MANY OTHER CONNECTED SECTIONS, SUCH AS DEFINITIONS.

5. OPTION (II) IS POSSIBLE AS UNDER SECTION 4(2) (C) OF THE

1

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