TNAG-2819-FCO40-4068-Future-of-Hong-Kong-International-Rights-and-Obligations-(IR-1993 — Page 128

Jill Barrett

Assistant legal Adviser

Reference

HKC 031/15

2. AUG 1993

HONG KONG: SUBSCRIPTION TELEVISION COPYRIGHT PROTECTION

1. We are being pressed by Hong Kong (see attached letter of 26 July) for an update on the latest position regarding their request of 23 June for an Order in Council which would extend all the provisions of the 1984 Cable and Broadcasting Act to Hong Kong.

2.

The matter is now urgent and I would be grateful for draft Order under the Cable and Broadcasting Act 1984 which I can fax to Hong Kong and the Patent Office for comments by noon on Friday 30 July.

3.

I have also received the attached letter of 22 July from Judith Sullivan in The Patent Office enclosing a a formal request from the International Federation of Phonogram Producers (IFPP) for an amendment to the law so as to afford protection for cable programmes. The IFPP suggest that the most convenient means of affording protection would be to make an Order under the Copyright Act 1956 pursuant to paragraph 36(2) of Schedule I of the Copyright and Designs Act.

3. I am unclear whether it is necessary to make an Order under the Copyright Act 1956 as well as an Order under the Cable and Broadcasting Act 1984, but I recall this was one of the points raised by Hong Kong in their telno 1013 of 23 June. If an Order under this Act is also required, it would be sensible to circulate the two drafts together and therefore I should be grateful for a draft by noon on

Friday 30 July

4.

I should also be grateful for your advice on timing. Will it be necessary for the Orders in Council to be laid before Parliament, and if so what is the earliest date they could come into force? When is the earliest they them could come into force if it is not necessary to lay before

parliament?

Annaddle Boug

Annadele Bouch

HKD

WH 303

270-2653

26 July 1993

cc Mr Morris

Miss Brooks

CODE 18-77

1

19