TNAG-2819-FCO40-4068-Future-of-Hong-Kong-International-Rights-and-Obligations-(IR-1993 — Page 137

Foreign and Commonwealth Office

London SW1A 2AH

Telephone X 071 270-3075

Duleep Mangat

,licitors

epartment of Trade & Industry .-19 Victoria Street

LONDON SW1H OET

Your reference

Our reference

Date

11 July 1990

742

/

Dear Dulcep

COPYRIGHT (TAIWAN) ORDER 1985: EXTENSION TO HONG KONG

I am sorry that your letter of 5 February has remained unanswered for so long. (I well remember our association over enemy property this subject is at least slightly less abstruse!).

1.

2.

I attach a copy of the Order as made (I am afraid I did not have the S.I. number). I was grateful for the suggestions in paragraph 4 of your minute of 1 February to Mr Irving, but I did not in the end incorporate any of them because (i) to refer to "principal Orders" would have meant that Article 2 of the Order would have, to my ear, read oddly; (ii) I preferred to follow precedent and use "provisions" and not "sections" in Article 2(b); and (iii) I did not wish to draw attention to the possible problem over vires in the Explanatory Note. As it is, somewhat to my relief, the vires were not questioned by the Joint Committee on Statutory Instruments.

3.

In paragraph 3 of your minute to Mr. Irving, you mention the possible extension to Hong Kong of the amendments made to section 21 of the Copyright Act 1956 by the Copyright Act 1956 (Amendment) Act 1982 and the Copyright (Amendment) Act 1983 and the new section 21A of the 1956 Act inserted by the 1983 Act. In fact, these provisions have been extended to a number of dependent territories (see S.I. 1985/1985- 1988), but not to Hong Kong; we have therefore enquired of Hong Kong whether they wish these provisions to be extended to them, but they häve said that they are content with the provisions of their own law.

You also mention the Copyright (Computer Software) Amendment Act 1985; this was in fact extended to Hong Kong, as well as

a number of other territories, by S.I. 1987/2200.

4.

5. As to the provisions of the Cable & Broadcasting Act 1984, Hong Kong have, since

your letter was written, asked for these to be extended to them. I am now working on a draft Order (which will probably be completed by a colleague of mine) which we will let you see in due course.

16.