Last month a furore was created by a new law which, among other things, made it illegal for anyone to photocopy newspapers in the workplace. The new law was the Intellectual Property (Miscellaneous Amend-ments) Ordinance. It was originally intended to crack down on illegal software used in the course of business, and its spillover into newspaper copying has caused great concern to the community. Eventually, the government agreed to suspend part of the ordinance so that reasonable uses such as casual photocopying can be allowed. The Chamber has been instrumental in achieving this satisfactory ending.

As a matter of fact, the Chamber recognises and urges its members to respect copyright of printed material. We were surprised, however, to learn that the new ordinance would apply not only to unauthorised copies of software, but also to photocopying as well, including casual photocopying. As a result, every one who handles newspaper copies in the office becomes potentially a criminal suspect.

We conducted a study immediately on the policies and regulations relating to reprographic rights administration. We concluded that whilst we respect reprographic rights, the application of the ordinance to such rights was draconian. The HKGCC General Committee, in its meeting on March 29, decide to take a strong stance against this aspect of the ordinance, while reaffirming its support for its application to genuinely infringing situations such as software piracy. Accordingly, the Chamber issued a press release the next day calling for the implementation of the ordinance to reprographic rights to be suspended. The then HKGCC Chairman CC Tung also wrote to the Secretary for Commerce and Industry Chau Tak Hay on the same date expressing the Chamber's concern. These efforts were reinforced by statements made by Chamber Chairman (then Deputy Chairman) Christopher Cheng calling on the government to review its stance. These strong statements by the Chamber had in no small measure influenced the outcome of the debate.

At a special meeting of the Legco Trade and Industry Panel on April 12, Mr Cheng presented the Chamber's position in a paper entitled "Reprographic Rights and Fair Dealing," calling for good sense and reasonableness ("fair dealing") to be restored in the photocopying debate. At the same meeting, Secretary for Commerce and Industry Chau Tak Hay announced that government would suspend the implementation of the ordinance to photocopying, broadcasting and Internet downloading -- thus heeding the Chamber's call. Mr Chau even apologised to the community for causing the confusion. The Chamber put out a press release immediately applauding this sensible move by the government.

The government would be preparing a new bill to suspend the problematic aspects of the Amendment Ordinance, while at the same time exploring with industry and users the establishment of a credible and sustainable regime to administer reprographic rights. In the meantime, HKGCC members can rest assured that they are not breaking the law when the make photocopies of newspapers in the office for convenience. B

W K Chan is the Chamber's Assistant Director for Business Policy.

1998 HKGCC joined Intellectual Property Department as organiser of the "No Fakes Campaign."

1999 HKGCC supported the "Genuine Software Action Campaign" of the Customs and Excise Department.

February 1999 The government issued a consultation paper entitled "Combating Intellectual Property Rights Infringement in the Hong Kong SAR: Possible Additional Legal Tools."

April 1999 HKGCC position paper in response to the government consultation.

October 1999 HKGCC published Code of Ethics on Protection of Intellectual Property Rights.

March 2000 Chamber commented on the government's draft "Registration of Copyright Licensing Bodies Regulation."

June 2000 Intellectual Property (Miscel-laneous Amendments) Ordinance -- drafted on the basis of responses to the February 1999 consultation paper -- was passed by the Legislative Council.

July 2000 HKGCC presented a joint seminar on "Benefiting from intellectual property" with the Business Software Alliance.

March 6, 2001 HKGCC roundtable luncheon with Director of Intellectual Property Stephen Selby; problems of photocopying first revealed.

March 2001 Chamber study on reprographic rights policies and regulations; meetings with Hong Kong Reprographic Rights Licensing Society.

March 29, 2001 General Committee meeting; decided to take strong stance against criminalisation of casual copying.

March 30, 2001 HKGCC issued press release; Chairman CC Tung wrote to Secretary for Commerce and Industry Chau Tak Hay.

April 1, 2001 Amendments Ordinance formally came into effect.

April 4, 2001 Another HKGCC roundtable with Mr Selby; Chamber Deputy Chairman Christopher Cheng made statement expressing concern.

9 April 2001 The subject discussed in Legco Trade and Industry Panel.

12 April 2001 Christopher Cheng presented Chamber position to special meeting of Legco Trade and Industry Panel; Chau Tak Hay announced suspension of implementation of ordinance in accordance with Chamber recommendation; Chamber issued press release welcoming government's move.