TNAG-2819-FCO40-4068-Future-of-Hong-Kong-International-Rights-and-Obligations-(IR-1993 — Page 74

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Since a large part of the system will be "wireless", some people have argued that the transmission is a wireless broadcast, and should as such be protected under the existing Copyright Ordinance in Hong Kong.

We are however advised by our copyright lawyer that it makes more sense to treat Wharf Cable's entire system, including the MMDS components, as cable.

Besides, treating Wharf Cable as

"broadcaster" is problematic because the transmission over MMDS is not meant for public reception, and therefore probably cannot be defined as a broadcast.

We will, in the local legislation which we are now working on, deem a service delivered to users using cable but transmitted over a telecommunication system which includes MMDS components in the delivery chain as a "cable programme service".

Copyright problems with regard to cable television in Hong Kong

There is currently no protection for cable programmes as such in Hong Kong. Our law is predominantly the 1956 Act, as extended to Hong Kong by Orders in Council of 1972 and 1979. The underlying copyright works (for example, the scripts, set designs, music, plays, sound recordings or films) which may be incorporated into a cable programme have protection, but this is not sufficient for the network operator, as some programmes have no underlying work in them. Good examples are unscripted game shows, and sports events. Additionally, providers of works for inclusion in a programme will not want the responsibility of enforcing the rights. They will require the network operator to enforce the programme copyright. Without protection for cable programmes, Wharf Cable of course face difficulties in stopping unauthorised interception and decoding of their signals.

Although dealing in unauthorised decoders in the course of trade is a criminal offence under our Television Ordinance, this provides inadequate protection for the cable operator. against this background that we have communicated with the FCO over the past three years seeking to extend the relevant provisions of the Cable and Broadcasting Act 1984 to Hong Kong.

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