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OFFICIAL RECORD of PROCEEDINGS Thursday, 3 March

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LEGISLATIVE COUNCIL ─ 3 March 2016 6267 OFFICIAL RECORD OF PROCEEDINGS Thursday, 3 March 2016 The Council continued to meet at Nine o'clock MEMBERS PRESENT: THE PRESIDENT THE HONOURABLE JASPER TSANG YOK-SING, G.B.M., G.B.S., J.P. THE HONOURABLE ALBERT HO CHUN-YAN THE HONOURABLE LEE CHEUK-YAN THE HONOURABLE JAMES TO KUN-SUN THE HONOURABLE CHAN KAM-LAM, S.B.S., J.P. THE HONOURABLE LEUNG YIU-CHUNG THE HONOURABLE TAM YIU-CHUNG, G.B.S., J.P. THE HONOURABLE ABRAHAM SHEK LAI-HIM, G.B.S., J.P. THE HONOURABLE TOMMY CHEUNG YU-YAN, G.B.S., J.P. THE HONOURABLE FREDERICK FUNG KIN-KEE, S.B.S., J.P. THE HONOURABLE VINCENT FANG KANG, S.B.S., J.P. THE HONOURABLE WONG KWOK-HING, B.B.S., M.H. THE HONOURABLE JEFFREY LAM KIN-FUNG, G.B.S., J.P. 6268 LEGISLATIVE COUNCIL ─ 3 March 2016 THE HONOURABLE ANDREW LEUNG KWAN-YUEN, G.B.S., J.P. THE HONOURABLE WONG TING-KWONG, S.B.S., J.P. THE HONOURABLE CYD HO SAU-LAN, J.P. THE HONOURABLE STARRY LEE WAI-KING, J.P. THE HONOURABLE CHAN HAK-KAN, J.P. THE HONOURABLE CHAN KIN-POR, B.B.S., J.P. DR THE HONOURABLE PRISCILLA LEUNG MEI-FUN, S.B.S., J.P. THE HONOURABLE CHEUNG KWOK-CHE THE HONOURABLE WONG KWOK-KIN, S.B.S. THE HONOURABLE IP KWOK-HIM, G.B.S., J.P. THE HONOURABLE MRS REGINA IP LAU SUK-YEE, G.B.S., J.P. THE HONOURABLE PAUL TSE WAI-CHUN, J.P. THE HONOURABLE ALAN LEONG KAH-KIT, S.C. THE HONOURABLE LEUNG KWOK-HUNG THE HONOURABLE ALBERT CHAN WAI-YIP THE HONOURABLE WONG YUK-MAN THE HONOURABLE CLAUDIA MO THE HONOURABLE MICHAEL TIEN PUK-SUN, B.B.S., J.P. THE HONOURABLE JAMES TIEN PEI-CHUN, G.B.S., J.P. LEGISLATIVE COUNCIL ─ 3 March 2016 6269 THE HONOURABLE NG LEUNG-SING, S.B.S., J.P. THE HONOURABLE STEVEN HO CHUN-YIN, B.B.S. THE HONOURABLE FRANKIE YICK CHI-MING, J.P. THE HONOURABLE YIU SI-WING, B.B.S. THE HONOURABLE GARY FAN KWOK-WAI THE HONOURABLE MA FUNG-KWOK, S.B.S., J.P. THE HONOURABLE CHARLES PETER MOK, J.P. THE HONOURABLE CHAN CHI-CHUEN THE HONOURABLE CHAN HAN-PAN, J.P. DR THE HONOURABLE KENNETH CHAN KA-LOK THE HONOURABLE CHAN YUEN-HAN, S.B.S., J.P. THE HONOURABLE LEUNG CHE-CHEUNG, B.B.S., M.H., J.P. THE HONOURABLE ALICE MAK MEI-KUEN, B.B.S., J.P. DR THE HONOURABLE KWOK KA-KI THE HONOURABLE KWOK WAI-KEUNG THE HONOURABLE DENNIS KWOK THE HONOURABLE CHRISTOPHER CHEUNG WAH-FUNG, S.B.S., J.P. DR THE HONOURABLE FERNANDO CHEUNG CHIU-HUNG THE HONOURABLE SIN CHUNG-KAI, S.B.S., J.P. DR THE HONOURABLE HELENA WONG PIK-WAN 6270 LEGISLATIVE COUNCIL ─ 3 March 2016 DR THE HONOURABLE ELIZABETH QUAT, J.P. THE HONOURABLE MARTIN LIAO CHEUNG-KONG, S.B.S., J.P. THE HONOURABLE POON SIU-PING, B.B.S., M.H. THE HONOURABLE TANG KA-PIU, J.P. DR THE HONOURABLE CHIANG LAI-WAN, J.P. IR DR THE HONOURABLE LO WAI-KWOK, S.B.S., M.H., J.P. THE HONOURABLE CHUNG KWOK-PAN THE HONOURABLE CHRISTOPHER CHUNG SHU-KUN, B.B.S., M.H., J.P. THE HONOURABLE TONY TSE WAI-CHUEN, B.B.S. THE HONOURABLE ALVIN YEUNG NGOK-KIU MEMBERS ABSENT: DR THE HONOURABLE LAU WONG-FAT, G.B.M., G.B.S., J.P. THE HONOURABLE EMILY LAU WAI-HING, J.P. PROF THE HONOURABLE JOSEPH LEE KOK-LONG, S.B.S., J.P., Ph.D., R.N. DR THE HONOURABLE LAM TAI-FAI, S.B.S., J.P. DR THE HONOURABLE LEUNG KA-LAU THE HONOURABLE WU CHI-WAI, M.H. THE HONOURABLE KENNETH LEUNG THE HONOURABLE IP KIN-YUEN LEGISLATIVE COUNCIL ─ 3 March 2016 6271 PUBLIC OFFICERS ATTENDING: THE HONOURABLE GREGORY SO KAM-LEUNG, G.B.S., J.P. SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT MR GODFREY LEUNG KING-KWOK, J.P. UNDER SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT CLERKS IN ATTENDANCE: MISS FLORA TAI YIN-PING, ASSISTANT SECRETARY GENERAL MS DORA WAI, ASSISTANT SECRETARY GENERAL MR MATTHEW LOO, ASSISTANT SECRETARY GENERAL 6272 LEGISLATIVE COUNCIL ─ 3 March 2016 GOVERNMENT BILLS Committee Stage CHAIRMAN (in Cantonese): Good morning, Members, Council now continues to consider the Copyright (Amendment) Bill 2014. We now continue with the first debate. Dr KWOK Ka-ki, please speak. COPYRIGHT (AMENDMENT) BILL 2014 DR KWOK KA-KI (in Cantonese): Chairman, a quorum is not present. Please summon Members back. CHAIRMAN (in Cantonese): Will the Clerk please ring the bell to summon Members to the Chamber. (After the summoning bell had been rung, a number of Members entered the Chamber) CHAIRMAN (in Cantonese): Dr KWOK Ka-ki, please speak. DR KWOK KA-KI (in Cantonese): I rise to speak in support of the amendments concerning restriction on contract override. Chairman, ever since the debate on the Copyright (Amendment) Bill 2014 (the Bill) began, many things have happened, and most of them are regrettable. But first, were all these things caused by any lack of opportunities for the Government to react to the various disputes arising from this legislative amendment exercise? Or, was that because the Government was not capable enough to handle this issue positively? The answers are of course no. The truth is that the Government failed completely to grasp the opportunity provided by the four-side meeting. Gregory SO just tried to muddle through his job. He said that some copyright owners did not want to negotiate because they did not accept any amendment containing restriction on contract override. LEGISLATIVE COUNCIL ─ 3 March 2016 6273 Second, when Members proposed new amendments concerning the fair use doctrine, he again refused to hold any discussions ― in fact, these amendments are not exactly new because Gregory SO himself admitted that there were precedents. What is more, Chairman, he even unreasonably condemned all the efforts to seek the passage of the amendments. Last week, he announced that if the Bill could still not be passed this week, the Government would stop pursuing it. Chairman, is right for the official in charge to be so unreceptive in attitude? If the Government is really concerned about this very significant Bill, why didn't it grasp the several opportunities in the past? Chairman, the amendments proposed are indeed not something new, and let me cite an example. The proposal of restricting contract override went through lengthy and heated debates in the House of Commons and the House of Lords of the British Parliament. In fact, their debate has not ended. After introducing the provisions on restricting contract override, the country made several further amendments in 2014 concerning Internet freedom and Internet restriction, extending the restriction on contract override to the areas of disability, research, education, libraries, public administration and parody. Chairman, I have cited this example because I want to explain that the discussions on the amendment of any legislation cannot possibly come to an end within a very short and prescribed time frame. If discussions cannot be ended that way, our discussions on the Copyright Ordinance will not have gone on for such a long time and we will not need to recap its evolution. But then, the Government says that discussions on this ordinance have been going on for eight to 10 years, so it is appropriate to make the amendment in 2014. Chairman, this is just ridiculous. We all know that the Legislative Council discusses many different pieces of legislation every day, many of which have a long history and can be dated back to more than 100 years ago. However, Members of the Legislative Council still continue to look for new directions. Copyright disputes and copyright protection are new things. Chairman, I believe that several years ago, neither Hong Kong nor the rest of the whole world would have ever imagined the present proliferation of the Internet. No one would have imagined that social platforms or knowledge platforms would turn so increasingly popular. Under this situation, one will certainly appear very ridiculous if one refuses to move forward and accept new perspectives, 6274 LEGISLATIVE COUNCIL ─ 3 March 2016 viewpoints and amendments. But apart from failing to do his utmost to take forward this issue, the official in charge has even blamed others for not doing enough. This is a bit shameful and irresponsible. Chairman, as clearly pointed out in the debate in the United Kingdom, the idea of restricting contract override actually owes its origin to the guidelines published by the European Union (EU). Of course, the guidelines of the EU do not formally prescribe in detail the restriction of contract override as a means of protecting netizens and Internet users. However, one point is very clear. It was pointed out in the debate in the United Kingdom that as shown by a consultation paper issued by the British Government in 2011, the materials of over half of all the libraries in the United Kingdom could be accessed on the Internet, and 150 contracts and more than 15 000 users were involved. When considering the need or otherwise for introducing restriction of contract override, they posed a number of very practical questions. For example, given such limited resources and time, can public institutions (such as libraries) check all the relevant contract details? And, are there any ways to restrict the unfair ones of all these contracts and offer fair and reasonable protection to users (including library users)? Chairman, the answer is negative.
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