Bills Committee on Copyright (Amendment) Bill 2001
and Copyright (Amendment) Bill 2003

Meeting on
Thursday, 27 November 2003 at 2:30 pm
in Conference Room B of the Legislative Council Building

Agenda

I.Confirmation of minutes
(2:30 pm - 2:35 pm)

LC Paper No. CB(1)383/03-04(issued on 21.11.2003)

-Minutes of meeting on 31 October 2003

II.Meeting with the Administration on the Copyright (Amendment) Bill 2003
(2:35 pm - 4:25 pm)

LC Paper No. CB(1)191/03-04(01)(English version issued on 26.11.2003; Chinese version tabled at the meeting)

-Updated Administration's response to views/concerns of deputations, members and the Assistant Legal Adviser (as at 26.11.2003)*

LC Paper No. CB(1)155/03-04(01)(issued on 24.10.2003)

-Revised marked-up copy of the Copyright (Amendment) Bill 2003 incorporating the changes effected by the Copyright (Amendment) Ordinance 2003 (formerly the Copyright (Amendment) Bill 2001) provided by the Administration

(A list of other relevant papers previously issued is in the Appendix)

III.Any other business
(4:25 pm - 4:30 pm)



* The paper includes a table listing the scenarios likely to happen under the Administration's revised proposal for the offence in section 118C regarding possession of infringing copies by a copy-shop; the actions (if any) to be taken by the Administration in respect of each scenario; as well as the relevant provisions under proposed section 118C to deal with each scenario.


Council Business Division 1
Legislative Council Secretariat
27 November 2003

Appendix

Copyright (Amendment) Bill 2003

Other relevant papers previously issued


Background information on the Bill

Ref: CIB 07/09/5/2(issued by the Commerce, Industry and Technology Bureau on 29.1.2003)

-Legislative Council Brief

LC Paper No. CB(3) 343/02-03(issued on 7.2.2003)

-The Copyright (Amendment) Bill 2003

LC Paper No. LS 55/02-03(issued on 11.2.2003)

-Legal Service Division Report

LC Paper No. CB(1) 777/01-02(issued on 10.1.2002)

-Minutes of meeting of the Panel on Commerce and Industry held on 12 November 2001

LC Paper No. CB(1) 1925/01-02(issued on 4.6.2002)

-Minutes of special meeting of the Panel on Commerce and Industry held on 10 January 2002

LC Paper No. CB(1) 1371/01-02(issued on 25.3.2002)

-Minutes of meeting of the Panel on Commerce and Industry held on 4 February 2002

LC Paper No. CB(1) 2647/01-02(issued on 7.10.2002)

-Minutes of special meeting of the Panel on Commerce and Industry held on 25 June 2002

LC Paper No. CB(1) 2648/01-02(issued on 7.10.2002)

-Minutes of meeting of the Panel on Commerce and Industry held on 8 July 2002

LC Paper No. CB(1) 1006/02-03(03)(issued on 3.3.2003)

-Marked-up copy of the Copyright (Amendment) Bill 2003

LC Paper No. CB(1) 2433/02-03(01)(issued on 9.9.2003)

-Relevant extracts of the Copyright Ordinance (Cap.528) referred to in the Administration's paper (LC Paper No. CB(1)2410/02-03(01))

LC Paper No. CB(1) 2433/02-03(02)(issued on 9.9.2003)

-Relevant extract from the Agreement on Trade-related Aspects of Intellectual Property Rights (English version only)

Papers provided by the Administration

LC Paper No. CB(1) 190/01-02(issued on 1.11.2001)

-Consultation Document on "Review of Certain Provisions of Copyright Ordinance"

LC Paper No. CB(1) 953/01-02(03)(issued on 29.1.2002)

-Information paper provided by the Administration to report on the outcomes of public consultation on "Review of Certain Provisions of Copyright Ordinance"

LC Paper No. CB(1) 2146/01-02(05)(issued on 3.7.2002)

-Information paper provided by the Administration on the "Draft Copyright (Amendment) Bill 2002"

LC Paper No. CB(1) 1006/02-03(01)(issued on 3.3.2003)

-Information paper provided by the Administration on "Relationship between the Copyright (Amendment) Bill 2001 and Copyright (Amendment) Bill 2003"

LC Paper No. CB(1) 1297/02-03(01)(issued on 1.4.2003)

-Administration's responses on the effects of the proposed amendments under the Copyright (Amendment) Bill 2001 and Copyright (Amendment) Bill 2003 in relation to parallel importation on different types of copyright works and the feasibility of combining the two Bills

LC Paper No. CB(1)2404/02-03(01)(issued on 3.9.2003)

-Marked-up copy of the Copyright (Amendment) Bill 2003 incorporating the changes effected by the Copyright (Amendment) Ordinance 2003 (formerly the Copyright (Amendment) Bill 2001) provided by the Administration

LC Paper No. CB(1)2410/02-03(01)(English version issued on 5.9.2003, Chinese version issued on 9.9.2003 vide LC Paper No. CB(1)2432/02-03)

-Administration's response to deputations' views raised at the meeting held on 4 July 2003

Letter from Legal Service Division to the Administration

LC Paper No. CB(1)2410/02-03(02)(issued on 5.9.2003)

-Letter dated 30 August 2003 from Assistant Legal Adviser to the Administration

Paper prepared by the Clerk

LC Paper No. CB(1) 1006/02-03(04)(issued on 3.3.2003)

-Background brief on the Copyright (Amendment) Bill 2003 prepared by the Clerk

LC Paper No. CB(1) 2157/02-03(09)(issued on 7.7.2003)

-Summary of views from deputations/individuals prepared by the Secretariat (English version only)

Submission received

Copyright owners associations

LC Paper No. CB(1) 2106/02-03(01)(issued on 27.6.2003)

-Submission dated 17 June 2003 from The Anglo-Chinese Textbook Publishers Organisation

LC Paper No. CB(1) 2157/02-03(03)(issued on 7.7.2003)

-Speaking note of Mr WONG Sing, Anglo-Chinese Textbook Publishers Organization (Chinese version only)

LC Paper No. CB(1) 2106/02-03(02)(issued on 27.6.2003)

-Submission dated 20 June 2003 from Business Software Alliance (English version only)

LC Paper No. CB(1) 2157/02-03(04)(issued on 7.7.2003)

-Speaking note of Mr WAN Joy-tong, Educational Booksellers' Association Ltd (Chinese version only)

LC Paper No. CB(1) 2106/02-03(03)(issued on 27.6.2003)

-Submission dated 20 June 2003 from Hong Kong and International Publishers' Alliance (English version only)

LC Paper No. CB(1) 2106/02-03(04)(issued on 27.6.2003)

-Submission from The Hong Kong Copyright Licensing Association Ltd (Chinese version only)

LC Paper No. CB(1) 2106/02-03(05)(issued on 27.6.2003)

-Submission dated 20 June 2003 from Hong Kong Educational Publishers Association

LC Paper No. CB(1) 2157/02-03(05)(issued on 7.7.2003)

-Speaking note of Mr Rodney CHUI, Hong Kong Educational Publishers Association (Chinese version only)

LC Paper No. CB(1) 2106/02-03(06)(issued on 27.6.2003)

-Submission dated 20 June 2003 from Hong Kong Publishing Federation Ltd.(Chinese version only)

LC Paper No. CB(1) 2157/02-03(06)(issued on 7.7.2003)

-Speaking note of Mr CHAN Man-hung, Hong Kong Publishing Federation Ltd (Chinese version only)

LC Paper No. CB(1) 2106/02-03(07) (issued on 27.6.2003)

-Submission dated 20 June 2003 from Hong Kong Reprographic Rights Licensing Society

LC Paper No. CB(1) 2157/02-03(02)(issued on 7.7.2003)

-Submission dated 3 July 2003 from International Federation of the Phonographic Industry (English version only)

LC Paper No. CB(1) 2106/02-03(08) (issued on 27.6.2003)

-Submission dated 20 June 2003 from McGraw-Hill International Enterprise, Inc. (English version only)

LC Paper No. CB(1) 2157/02-03(07)(issued on 7.7.2003)

-Speaking note of Mr Jason HO, McGraw-Hill International Enterprises Inc. (Chinese version only)

LC Paper No. CB(1) 2106/02-03(09) (issued on 27.6.2003)

-Submission dated 19 June 2003 from Motion Picture Association (English version only)

LC Paper No. CB(1) 2106/02-03(10)(issued on 27.6.2003) (re-issued on 3.7.2003 vide LC Paper No. CB(1) 2150/02-03)

-Submission dated 27 June 2003 from Movie Producers and Distributors Association of Hong Kong Ltd.(Chinese version only)

LC Paper No. CB(1) 2106/02-03(11) (issued on 27.6.2003)

-Submission dated 20 June 2003 from Pearson Education (Parent company of Longman Hong Kong Education) (English version only)

LC Paper No. CB(1) 2157/02-03(08)(issued on 7.7.2003)

-Speaking note of Mr Timothy CHAN, Pearson Education North Asia Ltd (Chinese version only)

LC Paper No. CB(1) 2106/02-03(18)(issued on 27.6.2003)

-*Submission dated 20 June 2003 from the Association of American Publishers, Inc. (English version only)

LC Paper No. CB(1)230/03-04(01)(issued on 3.11.2003)

-*Submission dated 29 October 2003 from the Association of American Publishers, Inc. (English version only)

LC Paper No. CB(1) 2106/02-03(19)(issued on 27.6.2003)

-*Submission dated 17 June 2003 from the Canotta Publishing Co., Ltd.

LC Paper No. CB(1) 2106/02-03(20)(issued on 27.6.2003)

-*Submission dated 20 June 2003 from the Chung Tai Educational Press (English version only)

LC Paper No. CB(1) 2106/02-03(21)(issued on 27.6.2003)

-*Submission dated 20 June 2003 from The Commercial Press (HK) Ltd. (Chinese version only)

LC Paper No. CB(1) 2106/02-03(22)(issued on 27.6.2003)

-*Submission dated 17 June 2003 from the Hon Wing Book Co., Ltd. (Chinese version only)

LC Paper No. CB(1) 2106/02-03(23)(issued on 27.6.2003)

-*Submission dated 17 June 2003 from the Hong Kong Educational Publishing Co.

LC Paper No. CB(1) 2106/02-03(24)(issued on 27.6.2003)

-*Submission dated 17 June 2003 from the Hong Kong Music Publisher

LC Paper No. CB(1) 2106/02-03(25)(issued on 27.6.2003)

-*Submission dated 20 June 2003 from the International Publishers Association (English version only)

LC Paper No. CB(1) 2106/02-03(26)(issued on 27.6.2003)

-*Submission dated 20 June 2003 from the Modern Education Network Ltd. (English version only)

LC Paper No. CB(1) 2106/02-03(27)(issued on 27.6.2003)

-*Submission dated 20 June 2003 from the Oxford University Press (China) Ltd. (English version only)

LC Paper No. CB(1) 2106/02-03(28)(issued on 27.6.2003)

-*Submission dated 17 June 2003 from the Pilot Publishers Services Ltd. (English version only)

LC Paper No. CB(1) 2106/02-03(29)(issued on 27.6.2003)

-*Submission dated 17 June 2003 from the Pilot Publishing Company Ltd. (Chinese version only)

LC Paper No. CB(1) 2106/02-03(30)(issued on 27.6.2003)

-*Submission dated 20 June 2003 from The Publishers Association (English version only)

LC Paper No. CB(1) 2106/02-03(31)(issued on 27.6.2003)

-*Submission dated 17 June 2003 from the SNP Panpac (HK) Ltd.

LC Paper No. CB(1) 2106/02-03(32)(issued on 27.6.2003)

-*Submission dated 20 June 2003 from the Witman Publishing Co. (HK) Ltd. (English version only)

LC Paper No. CB(1) 2106/02-03(33)(issued on 27.6.2003)

-*Submission dated 17 June 2003 from the Ying Lee Music Co., Ltd. (Chinese version only)

Educational bodies

LC Paper No. CB(1) 2106/02-03(12) (English version issued on 27.6.2003 and Chinese version issued on 3.7.2003 vide LC Paper No. CB(1) 2150/02-03)

-Submission dated 17 June 2003 from HUCOM Inter-Institutional Task Force on Reprographic Rights Licensing

LC Paper No. CB(1) 2106/02-03(13) (issued on 27.6.2003)

-Submission dated 18 June 2003 from The Joint University Librarians Advisory Committee (English version only)

LC Paper No. CB(1) 2106/02-03(34)(issued on 27.6.2003)

-*Submission dated 19 June 2003 from The Hong Kong Academy For Performing Arts (English version only)

Newspapers and related organizations

LC Paper No. CB(1) 2106/02-03(14)(issued on 27.6.2003)

-Submission from Hong Kong News Clipping Industry Working Committee (Chinese version only)

LC Paper No. CB(1) 2106/02-03(15)(issued on 27.6.2003)

-Submission from The Newspaper Society of Hong Kong (Chinese version only)

Television, radio and broadcasting companies

LC Paper No. CB(1) 2106/02-03(35)(issued on 27.6.2003)

-*Submission dated 20 June 2003 from the Asia Television Ltd. (English version only)

LC Paper No. CB(1) 2106/02-03(36)(issued on 27.6.2003)

-*Submission dated 20 June 2003 from the Hong Kong Commercial Broadcasting Co., Ltd. (English version only)

LC Paper No. CB(1) 2106/02-03(37)(issued on 27.6.2003)

-*Submission dated 20 June 2003 from the Television Broadcasts Ltd.

Trade associations

LC Paper No. CB(1) 2106/02-03(38)(issued on 27.6.2003)

-*Submission dated 20 June 2003 from The Australian Chamber of Commerce in Hong Kong (English version only)

LC Paper No. CB(1) 2106/02-03(39)(issued on 27.6.2003)

-*Submission dated 21 June 2003 from The Chinese General Chamber of Commerce (Chinese version only)

LC Paper No. CB(1) 2106/02-03(40)(issued on 27.6.2003)

-*Submission dated 20 June 2003 from The Chinese Manufacturers' Association of Hong Kong (English version only)

LC Paper No. CB(1) 2150/02-03(02)(issued on 3.7.2003)

-*Submission dated 30 June 2003 from Hong Kong General Chamber of Commerce (English version only)

LC Paper No. CB(1) 2150/02-03(03)(issued on 3.7.2003)

-*Submission dated 20 June 2003 from Federation of Hong Kong Industries (English version only)

LC Paper No. CB(1) 2187/02-03(01)(issued on 9.7.2003)

-*Submission dated 4 July 2003 from the American Chamber of Commerce in Hong Kong (English version only)

Legal professional bodies

LC Paper No. CB(1) 2157/02-03(01)(issued on 7.7.2003)

-Submission dated 3 July 2003 from The Hong Kong Institute of Trade Mark Practitioners (English version only)

LC Paper No. CB(1) 2014/02-03(01) (issued on 18 and 27.6.2003)

-Submission dated 17 June 2003 from The Law Society of Hong Kong (English version only)

LC Paper No. CB(1) 2106/02-03(41)(issued on 27.6.2003)

-*Submission dated 17 June 2003 from the Hong Kong Bar Association (English version only)

LC Paper No. CB(1) 2150/02-03(04)(issued on 3.7.2003)

-*Submission dated 2 July 2003 from Hong Kong Group Asian Patent Attorneys Association (English version only)

LC Paper No. CB(1) 2098/02-03(01)(issued on 27.6.2003)

-*Letter dated 24 June 2003 from an intellectual property law practitioner expressing his views on the 2001 Bill (English version only)

LC Paper No. CB(1) 2098/02-03(02)(issued on 27.6.2003)

-*3 letters dated 25 June 2003 from a law firm titled Lovells (English version only)

Other organizations

LC Paper No. CB(1) 2106/02-03(16) (issued on 27.6.2003)

-Submission dated 4 July 2003 from Consumer Council

LC Paper No. CB(1) 2106/02-03(17)(issued on 27.6.2003)

-Submission dated 16 June 2003 from Hong Kong Library Association (English version only)

LC Paper No. CB(1) 2240/02-03(01)(issued on 18.7.2003)

-Speaking note of Dr Anthony Ferguson, President of the Hong Kong Library Association (English version only)

LC Paper No. CB(1) 2150/02-03(01)(issued on 3.7.2003)

-Submission dated 30 June 2003 from Hong Kong Small and Medium Enterprises Association Ltd. (Chinese version only)

LC Paper No. CB(1) 2106/02-03(42)(issued on 27.6.2003)

-*Submission dated 17 June 2003 from The Hong Kong Association of Banks (English version only)

LC Paper No. CB(1) 2106/02-03(43)(issued on 27.6.2003)

-*Submission dated 23 June 2003 from The Hong Kong Institute of Architects (English version only)

LC Paper No. CB(1) 2106/02-03(44)(issued on 27.6.2003)

-*Submission dated 16 June 2003 from the Vocational Training Council (English version only)

LC Paper No. CB(1) 2150/02-03(05)(issued on 3.7.2003)

-*Submission dated 28 June 2003 from Hong Kong Society of Accountants (English version only)

LC Paper No. CB(1) 2187/02-03(02)(issued on 9.7.2003)

-*Submission dated 4 July 2003 from the EastWest Productions (English version only)

LC Paper No. CB(1) 2399/02-03(01)(issued on 1.9.2003)

-Submission dated 28 August 2003 from Hong Kong Christian Council (Chinese version only)

Individual

LC Paper No. CB(1) 1006/02-03(05)(issued on 3.3.2003)

-*Submission from a citizen on the 2003 Bill referred by Hon Emily LAU (English version only)

LC Paper No. CB(1) 2106/02-03(45)(issued on 27.6.2003)

-*Submission dated 17 June 2003 from a Sai Kung District Council member (Chinese version only)

* Deputations which did not attend the meeting of the Bills Committee

Council Business Division 1
Legislative Council Secretariat
27 November 2003