TNAG-2128-FCO40-3042-Copyright-(Taiwan)-Order-1985-extension-to-Hong-Kong-1990 — Page 43

вед

Lego pa.

©

HK C RECEIVED IN REGISTRY

124/1

FROM: C A Whomersley

Assistant Legal Adviser K171 270 3075

12FEB 1990

DATE

1 February 1990

DESK OFFICER INDEX

CC

Mr Stone HKD

Mr Berman

Deputy Legal Adviser

Mr Ward, COMED

Mr Fifoot

Ms Barrett

COPYRIGHT (TAIWAN) ORDER 1985

EXTENSION TO HONG KONG

A

B

C

D

1. The Hong Kong Government sent us a request that the above-named Order should be extended to Hong Kong, as it has already been extended to other dependent territories. We consulted the DTI about this, and whilst as a matter of policy they have no difficulty with the proposal, they have pointed out that the 1985 Order has now been revoked in view of the new copyright arrangements enacted in the Copyright, Designs and Patents Act 1988; it would follow therefore that the 1985 Order is no longer available to be extended to Hong Kong.

2. The 1988 Act repeals the Copyright Act 1956 in its entirety (see section 303 (2) of, and Schedule 8 to, the 1988 Act); moreover section 304 (2) (c) states that the repeals in Schedule 8 have the same extent as the enactments repealed. However, under paragraph 36(2) of Schedule 1 to the 1988 Act Orders in Council extending the 1956 Act to dependent territories are to remain in force "and while it remains in force such an Order may be varied under the provisions of the 1956 Act under which it was made". It seems to me to follow that, despite the repeal of the 1956 Act, its provisions are nevertheless saved for the limited purpose set out in paragraph 36(2) of Schedule 1 to the 1988 Act.

3. In the light of this conclusion, it seems to me that the way round our difficulty is to extend to Hong Kong section 32 of the 1956 Act, which is the provision under which the 1985 Order was made, and thus enable Hong Kong to make their own Order relating to Taiwan. I attach a copy of a draft Order for this purpose, which I have sent for printing.

CW3ABD