The Copyright (Hong Kong) Order 1972

In subsections (2) and (4), for “three-farthings” there shall be substituted “five cents” and in subsection (2), for “farthing” there shall be substituted “cent”;

for subsection (3) there shall be substituted the following:—

“(3)

If at any time by an order made under this section in its operation in the law of the United Kingdom any different rate of, or minimum amount of, royalty is prescribed either generally or in relation to any one or more classes of records, the provisions of this section shall be construed subject to the provisions of any such order as is for the time being in force, provided that any reference in such an order to any sum of money shall be construed as a reference to the equivalent amount in the currency of legal tender in Hong Kong as provided by any law of Hong Kong.”;

in subsection (4)(a), all the words after the first reference to works shall be omitted.

For subsection (5) there shall be substituted the following:—

“(5)

For the purpose of this section a design shall be taken as being applied industrially if it is applied in the circumstances for the time being prescribed by rules made under this section and section 36 of the Registered Designs Act 1949 as extended by this section in the law of the United Kingdom.”.

For subsection (3) there shall be substituted the following:—

“(3)

Copyright subsisting in a cinematograph film by virtue of this section shall continue to subsist until the film is published and thereafter until the end of the period of fifty years from the end of the calendar year which includes the date of its first publication and shall then expire, or, if copyright subsists in the film by virtue only of the last preceding subsection, it shall continue to subsist as from the date of first publication until the end of the period of fifty years from the end of the calendar year which includes that date and shall then expire.”;

in subsection (8), for “any such film as is mentioned in paragraph (a) of subsection (1) of section 38 of the Films Act 1960 (which relates to newsreels)” there shall be substituted “any film consisting wholly or mainly of photographs which, at the time they were taken, were means of communicating news”;

subsection (11) shall be omitted.

In subsection (1), for the proviso there shall be substituted the following:—

“ Provided that if by virtue of section 5 of the Limitation Ordinance (Chapter 347) (which relates to limitation in cases of successive conversion and extinction of title of the owner of converted goods), the title of the owner of the copyright to such a copy or plate would (if he had then been the owner of the copy or plate) have been extinguished at the end of the period mentioned in that section, he shall not be entitled to any rights or remedies under this subsection in respect of any thing done in relation to that copy or plate after the end of that period. ”;

subsection (4) shall be omitted.

In subsections (7) and (8), for the words “forty shillings” and “fifty pounds” there shall be substituted respectively “five hundred dollars” and “fifty thousand dollars” and for the words “two months” there shall be substituted “twelve months”:

subsection (10) shall be omitted.

In subsection (1), for the “Commissioners of Customs and Excise (in this section referred to as “the Commissioners”)” there shall be substituted “the Director of Commerce and Industry” and, subject to the modifications to subsection (4) hereinafter provided, for subsequent references to the said Commissioners there shall be substituted references to the said Director; in subsection (4) for “the Commissioners” where those words first occur there shall be substituted “the Governor in Council” and for “the Commissioners consider” there shall be substituted “the Governor in Council considers”;

subsection (6) shall be omitted;

for subsection (7) there shall be substituted the following:—

“(7)

Where by virtue of this section the importation into Hong Kong of any copy of a work to which the section applies is prohibited, the importation into Hong Kong of such a copy shall, for the purposes only of the provisions of the Import and Export Ordinance (Chapter 60) providing for forfeiture, be deemed to be a contravention of that Ordinance,”.

Subsections (1) and (2) shall be omitted;

in subsection (4), for “the United Kingdom” there shall be substituted “Hong Kong” and for “in a country” there shall be substituted “in the United Kingdom or in any country other than Hong Kong”.

For subsection (1) there shall be substituted the following:—

“(1)

An organisation to which this section applies is one declared to be such by an Order in Council made under this section as part of the law of the United Kingdom which has been extended, in relation to that organisation, to Hong Kong”.

Subsection (3) shall be omitted;

in subsection (4), for “either of the two last preceding subsections” there shall be substituted “the last preceding subsection”, and “or the programme to be transmitted, as the case may be” shall be omitted;

in subsection (5), the reference to a work shall be omitted.

Subsection (1) shall be omitted;

in subsection (2), “(including any enactment of the Parliament of Northern Ireland)” shall be omitted.

The whole section except subsection (4) shall be omitted;

in subsection (4), “or rules” shall be omitted.

For subsection (2) there shall be substituted the following:—

“(2)

Subject to the said transitional provisions the Copyright Act 1911 and the Copyright Order Confirmation (Mechanical Instruments: Royalties) Act 1928 are hereby repealed.”.

For subsection (2) there shall be substituted the following:—

“(2)

—

(a)

Any provision of this Act empowering the Governor in Council to make regulations shall come into operation on the commencement of the Order in Council extending that provision to Hong Kong.

(b)

All the other provisions of this Act shall come into operation on 1st January 1973.”;

subsection (3) shall be omitted.