The
Patent Office
52
Ms Annadele Bouch
Hong Kong Department
Foreign and Commonwealth Office London SW1A 2AH
Intellectual Property
Policy Directorate
Hazlitt House
45 Southampton Buildings London WC2A 1AR
United Kingdom
Enquiries
071-438 4777
Telex 498040 PATOFF G Fax 071-438 4780/4713
Direct line 071-4384756
Our refIPP 36862
Your ref
Date13 October 1993
Dear Anna-dele
нис озilis
2 U 1993
HONG KONG: EXTENSION OF THE COPYRIGHT ACT 1956
1. Thank you for your two letters of 11 October. I am grateful for clarification of the type of subscription television service to commence shortly in Hong Kong and the news that Hong Kong is to solve the copyright problems relating thereto by local legislation.
2. Regarding Hong Kong's concern that the vires of the Copyright (Hong Kong) (Amendment) Order 1990 is in doubt and the possibility of copying UK legal advice in this respect to Hong Kong, I have now discussed the matter with Mr Mangat. He has no objection to his legal advice, which I referred to in my letter to you dated 5 August, being copied to Hong Kong so I attach his minute to me dated 4 August for this purpose. Neither of us have seen Jill Barrett's minutes of 30 July and 6 August so we cannot comment on their content. I will leave it up to you to decide whether we really need to approve them in the light of clearance to use Mr Mangat's minute.
3. I have also spoken to Mr Mangat about the contents of Miss AU King-chi's letter which you have copied to us. He is not minded to change his views by anything that she has said. There are only two areas where we feel any further comment is required. Firstly, to the extent that the DTI is at fault for not having argued that the 1990 order drafted by Mr Whormersley of FCO should not have been made, we apologize. Secondly, perhaps Hong Kong should be reminded, again, that dependent territories have not been left with no means of altering copyright provision after the demise of the 1956 Act (paragraph 9 of Miss AU King-chi's letter). They are all able to have the 1988 Act extended to their territory with suitable modifications.
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HK
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