Policy Statement & Submission

Our Ref : 51/WKC/046
5 Auguest 2005


Ms Priscilla To
Commerce Industry and Technology Bureau
Level 29 One Pacific Place
88 Queensway
Hong Kong


Dear Ms To

Proposals on various copyright-related issues
Response by the Hong Kong General Chamber of Commerce

I would like to submit for your consideration the Chamber's response to the government proposals on various copyright-related issues. Our comments are detailed in the attached paper.

We appreciate the opportunity of being consulted and would be happy to continue to be engaged as the proposals became draft amendment legislation. As the proposals cover a rather comprehensive range of issues related to copyright, we would like to emphasise the importance of further consultation when the proposals in general terms are turned into draft legislation. Formulation of definitive views on the effects and implications of the proposed changes is contingent on sight of the actual amendment bills, and we trust that adequate time would be provided for consideration and feedback.

Yours sincerely

Dr Eden Woon
CEO

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Proposals on various copyright-related issues
Response by the Hong Kong General Chamber of Commerce
August 2005


The Chamber welcomes the opportunity to consider and respond to the Government's proposals on various copyright-related issues. We note that these proposals have arisen from the last round of consultation on copyright matters conducted in December 2004 to February 2005, and they cover a wide range of issues on copyright legislation.

The Chamber has been a long-time supporter of the government in strengthening the copyright regulatory regime. Over the past years, we have initiated discussion or responded to government consultation with no fewer than 14 papers on various aspects of copyright protection.

In considering the current proposals, the Chamber has consulted members of various Chamber committees, as well as drawn on our previous deliberations. Our views on the proposals are presented in the following pages. For ease of reference, we have classified the issues into sixteen proposals – following a summary paper prepared by the government - and presented our views in a tabulated form as follows.

- First column: the 16 government proposals.

- Second column: brief description of the issue, drawing on the government's own information paper to the Legislative Council Panel on Commerce and Industry.

- Third column: brief description of the Chamber's position as in various past papers of the Chamber.
- Fourth column "Further Considerations": our response to these proposals.

Under the third column, reference is made specifically to the following previous papers of the Chamber:

Dec 01 Review of Certain Provisions of Copyright Ordinance: Response by the Hong Kong General Chamber of Commerce

June 03 Copyright (Amendment) Bill 2001 and Copyright (Amendment) Bill 2003 (Letter to LegCo Bills Committee)

Jan 04 Copyright Ordinance: End-user liability in respect of published works (letter to Intellectual Property Department)

Feb 05 Review of Certain Provisions of Copyright Ordinance - Response by the Hong Kong General Chamber of Commerce

>> The 16 Government Proposals and Chamber's Response