********************************************************
Following is the speech by the Secretary for Commerce, Industry and Technology, Mr Joseph WP Wong, in moving the resolution to approve the Copyright (Suspension of Amendments) Ordinance 2001 (Amendment) Notice 2006 in the Legislative Council today (June 21):
Madam President,
I move that the motion, as printed on the Agenda, be passed. The motion approves the Copyright (Suspension of Amendments) Ordinance 2001 (Amendment) Notice 2006 made by the Secretary for Commerce, Industry and Technology.
When the criminal liability provisions relating to the possession of infringing copies of copyright works in the course of business took effect in April, 2001, there were widespread public concerns that the new provisions would hamper dissemination of information in enterprises and teaching in schools. The Copyright (Suspension of Amendments) Ordinance 2001 (Suspension Ordinance) was passed in June, 2001, to suspend the implementation of the criminal liability provisions, but they still apply to computer programs, movies, television dramas and musical recordings.
The Suspension Ordinance will cease to have effect on July 31, 2006. Under Section 3 of the Suspension Ordinance, the Secretary for Commerce, Industry and Technology may, by notice published in the Gazette before the expiry of the Suspension Ordinance, amend the expiry date with the approval of the Legislative Council.
After the public consultation in early 2005 and extensive discussions with copyright owners and users, we introduced the Copyright (Amendment) Bill 2006 into the Legislative Council in March this year. The Bill contains a number of legislative proposals the main objectives of which are to enhance protection for copyright owners while taking into account the needs of users of copyright works. One of the legislative proposals is to incorporate into the Copyright Ordinance the existing scope of the business end-user possession offence as provided for under the Suspension Ordinance, i.e. the criminal liability concerned only applies to computer programs, movies, television dramas and musical recordings.
The Copyright (Amendment) Bill 2006 is now being examined by the Bills Committee of the Legislative Council which has received more than 60 submissions. In view of the complexity of the Bill which touches on a number of copyright-related issues, the Bills Committee considers that more time will be required to examine the Bill and that stakeholder groups should be given sufficient opportunity to air their views. The Administration therefore proposes to further extend the effective period of the Suspension Ordinance for 12 months until July 31, 2007, and the Copyright (Suspension of Amendments) Ordinance 2001 (Amendment) Notice 2006 has been made for this purpose. This proposal is supported by the Bills Committee.
Thank you, Madam President.
Ends/Wednesday, June 21, 2006
Issued at HKT 15:37
NNNN