TNAG-2819-FCO40-4068-Future-of-Hong-Kong-International-Rights-and-Obligations-(IR-1993 — Page 89

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

布政司著

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EY FAX

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2 TEL NO

594 6609

9799 PAXUNE

827 6646

5.01

GOVERNMENT SECRETARIAT

RECREATION AND CULTURE BRANCH

40-41 REVENUE TOWER

5 GLOUCESTER HOAU

WAN CHAI

HONG KONG

16 September 1993

Ms Annadele Bouch

Hong Kong Department

HKC 031/15

+

Foreign & Commonwealth Office London SW1A 2AR

2.UCI 1993

Dear Ms Bouch,

Subscription Television Copyright Protection

Thank you for your fax letter of 13 August 1993. After nearly three years of correspondence, we are dismayed and concerned by your latest view that HMG does not after have the necessary legal powers to make an Order under the Cable and Broadcasting Act 1984 extending its provisions to Hong Kong.

Quite apart from the question of vires, given the urgency of the matter, we have decided that it would be more expedient for us to introduce a local Ordinance to provide protection to cable

in programme services

Hong Kong.

The latest advice contained in your letter is directly contradictory to legal advice which had previously been given by FCO/DTI legal advisers, and had formed the basis of legislative and administrative actions both HMG and HKG over the past few years. We do not agree with your latest advice and the Trade & Industry Branch (which has policy responsibility for copyright matters) will be taking the matter up with you separately.

(36

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