TNAG-2819-FCO40-4068-Future-of-Hong-Kong-International-Rights-and-Obligations-(IR-1993 — Page 55

To:

Mr Mangat. SolC4

From:

Alec Sugden Hd/Ipp

Room 3/4

Hazlitt House (3555) 4788

16 September 1993

:

Reference..................................................IPP...368.6.2..........

CC Mr Britton

Mr Hoptroff Mrs Sullivan

HONG KONG: APPLICATION OF COPYRIGHT PROVISIONS TO CHINA

I believe that Judith Sullivan discussed with you this morning some of the problems that arise because SI 1990 No. 588 is probably ultra vires.

2. Alice Tai, Director of Intellectual Property in Hong Kong, raised these problems with me earlier this week in an informal discussion. She emphasised the urgent need to grant copyright protection to Chinese works in Hong Kong. I believe that the Hong Kong authorities are under pressure from the Chinese, in part due to Chinese accession to Berne and in part for political

reasons.

3. Under the 1990 Order, the ability to apply the 1956 Act, as extended to Hong Kong, to China would have been transferred to the Governor of Hong Kong. Since it seems that the 1990 Order has no effect, I would be grateful if you could advise on what possibilities might now be available to either us or Hong Kong (e.g. by local ordinance) to make rules enabling Chinese works to be protected in Hong Kong. (As I understand things the Hong Kong authorities do not wish to have the 1988 Act extended to Hong Kong).

4.

I am not fully conversant with previous deliberations on this subject, but it appears to me that, since paragraph 36(2) of schedule 1 to the Copyright, Designs and Patents Act 1988 permits any Order in Council extending provisions of the 1956 Act to Hong Kong to be varied (under the terms of the 1956 Act), it might be possible to make an order under the 1956 Act amending the Copyright (International Conventions) Order 1979 by adding China to the list of countries included therein.

CODE 18-77