TNAG-2128-FCO40-3042-Copyright-(Taiwan)-Order-1985-extension-to-Hong-Kong-1990 — Page 46

Foreign and Commonwealth Office

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12FEB 1990

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DESK OFFICER

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Your reference

Mr D Mangat

Solicitors

Department of Trade & Industry Victoria Street

LONDON

SW1

Our reference

Date 29 January 1990

COPYRIGHT (TAIWAN) ORDER 1985 : EXTENSION TO HONG KONG

O

I have seen your minute of 12 January 1990 to David Irving (IPCD, DTI) on this subject.

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2.

I have given some thought as to how we might get around this problem, and it seems to me that the way to do it would be to amend the Copyright (Hong Kong) Order 1972 (No 1724) by adding section 32 to the list of provisions of the 1956 Act which are extended to Hong Kong. It would appear to me that, despite the repeal of the 1956 Act, it is still possible to "vary" the 1972 Order through using powers in section 31 of the 1956 Act, by virtue of paragraph 36 (2) of Schedule 1 to the Copyright, Designs and Patents Act 1988. I attach a draft Order, on which I should be grateful for your comments. This would then enable the Governor, once the Order is in force, to make an Order of His own to the same effect as the Copyright (Taiwan) Order 1985 (No 1777).

3.

We had been hoping to put an Order to the meeting of the Privy Council on 14 February, so if it were possible it would be helpful to have your early comments.

CC

Mr Ward, COMED (FCO) Mr Stone, HKD (FCO)

Mr Irving, IPCD (DTI)

Mr Fifoot, FCO

Ms Barrett, FCO

CA Whomersley

Assistant Legal Adviser