TNAG-2819-FCO40-4068-Future-of-Hong-Kong-International-Rights-and-Obligations-(IR-1993 — Page 65

11-OCT-1993 15:58

FESTIVAL HONG KONG '92

+ 852 827 2424 P.02

CUNFOLETAL

2

section

24

(Inclusions of sound recordings and cinematograph films in cable programmes), and paragraph 6 = of Schedule 5 (Minor and Consequential Amendments) to the 1984 Act, with the necessary changes. The definition of "cable programme cervice" is also expanded so as to include service provided to subscribers through a licensed cable subscription service and a multi-point microwave distribution system.

a

We are considering whether a modified version of section 23(2) of the 1984 Act should also be imported into the proposed Bill So that Wharf Cable can make a terrestrial

cince

re-transmission

of

our

simultaneous broadcasters'.. programmes without. infringing their copyright.

the

programmes It 50 included in

ví interconnection between the communal aerial broadcast distribution systems and Wharf Cable's network. As the proposed system is a hybrid including microwave and part-cable transmission (each forming integral parts of the transmission), we also see the need to amend the restriction in paragraph (d) of the proviso to section 31(3) of the 1956 Act to refer to television "transmissions" rather than "broadcasts".

We have addressed the method of transmission separately in another letter to you of 27 September.

We aim

to introduce the Bill into our Legislative Council in October/November with a view to putting copyright protection in place as close as possible to Wharf Cable's launch date.

We had it under consideration as to whether an Order in Council under the Hong Kong Act 1985 might be required for such local legislation to be enacted. The Crown Solicitor here, however, has advised us that an Order in Council is not required because there is no doubt about the capacity of the legislature to pass local legislation in the terms now required.

Although I would be very happy to meet you on the 18th as arranged I would understand if. in the circumstances, you no longer considered this necessary. I am leaving Hong Kong on the evening of 12 October but you can get. a message to me through the Hong Kong Government London office

or from 17 October, at the Holiday Inn Mayfair.

Yours sincerely

Rachel Conttand

(Mrs R M Cartland}

for Secretary for Recreation and Culture

CONFIDENTIAL

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