The government had planned to get the Copyright (Amendment) Bill 2014 passed in the Legislative Council by the end of 2015. This was not only something which the administration wanted very much, but also tens of thousands of people in Hong Kong as well. Nevertheless, like many other bills proposed by the government, this one has inevitably been politicized and held up in LegCo.
During the second reading debate on the Copyright (Amendment) Bill 2014, lawmakers tried to delay its passage by repeatedly making quorum calls. According to LegCo rules of procedure, "if the attention of the president is drawn to the fact that a quorum is not present, he shall direct the members to be summoned. If after 15 minutes have expired a quorum is not present, he shall adjourn the Council without question put". Outside the LegCo building, some radicals even set off a small explosion and started a fire to cause further disruption. As a result, the bill was not passed. We will now have to wait until Jan 6 before it can be deliberated on again in LegCo.
Hong Kong always respects intellectual property rights. The Copyright Ordinance currently in force in Hong Kong has been in effect since June 27, 1997 to protect the rights of copyright holders. Subsequently, whether it was songs broadcast on the radio or photos sourced outside of newspapers or magazines, royalty payments were charged. But since the emergence of the Internet, the original Copyright Ordinance has become outdated. The speed with which things can be published online has produced many "grey areas" for copyright infringement. Protection of intellectual property has become much more difficult. Therefore, an amendment bill is desperately needed to reset the rules.
Take the movie industry as an example. In 1993, the box office received more than HK$1.13 billion. But the number, two decades later, dropped to HK$350 million in 2013. The annual number of local movies screened has also declined considerably from 238 in 1993 to less than 50 in 2014. The industry attributes this to the fact that copyright protection has lagged behind the development of technology. Nowadays, a movie is likely to be available for free - albeit illegal - download on the Internet just when it appears in cinemas.
Some people are obviously concerned about derivative works. They worry that the amendment bill would bring an end to creative works of this kind. During the consultation stage of the amendment bill in 2011, the Chinese Manufacturers' Association of Hong Kong was also concerned about this. The association said in its proposal that creativity-related activities and industries should not be suppressed by the bill. And it is clear that in the Copyright (Amendment) Bill 2014, the government stated in an exemption clause that "commenting on current affairs", "quotation", "parody, satire, caricature and pastiche" and many other derivative works are exempted from the bill. Generally speaking, without gaining any commercial benefit, online creative works will mostly remain legitimate. As noted by the Hong Kong Bar Association Chairperson Winnie Tam, the bill contains broader exemptions than the current Copyright Ordinance. Therefore, we should view it rationally.
From this perspective, the SAR is not tightening up the Copyright Ordinance in this amendment. The bill is aimed at clarifying some ambiguities and reducing disputes. But it cannot please everybody. It is the result of nine years' hard work by different parties. The bill represents the result of balancing the interests of the industry, freelance creative workers, online users, and lawmakers. Therefore, its enactment will begin a new era for Hong Kong's intellectual property protection. I believe the government will revise specific rules after it is passed. But the first prerequisite is to guarantee its implementation.

Source: China Daily