Keep Us Strong WikiLeaks logo

Currently released so far... 97115 / 251,287

Articles

Browse latest releases

Browse by creation date

Browse by origin

A B C D F G H I J K L M N O P Q R S T U V W Y Z

Browse by tag

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
ETRD EAGR ETTC EAID ECON EFIN ECIN EINV ELAB EAIR ENRG EPET EWWT ECPS EIND EMIN ELTN EC ETMIN EUC EZ ET ELECTIONS ENVR EU EUN EG EINT ER ECONOMICS ES EMS ENIV EEB EN ECE ECOSOC EK ENVIRONMENT EFIS EI EWT ENGRD ECPSN EXIM EIAD ERIN ECPC EDEV ENGY ECTRD EPA ESTH ECCT EINVECON ENGR ERTD EUR EAP EWWC ELTD EL EXIMOPIC EXTERNAL ETRDEC ESCAP ECO EGAD ELNT ECONOMIC ENV ETRN EIAR EUMEM ENRGPARMOTRASENVKGHGPGOVECONTSPLEAID EREL ECOM ECONETRDEAGRJA ETCC ETRG ECONOMY EMED ETR ENERG EITC EFINOECD EURM EENG ERA EXPORT ENRD ECONEINVETRDEFINELABETRDKTDBPGOVOPIC EGEN EBRD EVIN ETRAD ECOWAS EFTA ECONETRDBESPAR EGOVSY EPIN EID ECONENRG EDRC ESENV ETT EB ENER ELTNSNAR ECHEVARRIA ETRC EPIT EDUC ESA EFI ENRGY ESCI EE EAIDXMXAXBXFFR EETC ECIP EIAID EIVN EBEXP ESTN EING EGOV ETRA EPETEIND ELAN ETRDGK EAIDRW ETRDEINVECINPGOVCS EPEC ENVI ELN EAG EPCS EPRT EPTED ETRB EUM EAIDS EFIC EFINECONEAIDUNGAGM EAIDAR ESF EIDN ELAM EDU EV EAIDAF ECN EDA EXBS EINTECPS ENRGTRGYETRDBEXPBTIOSZ EPREL EAC EINVEFIN ETA EAGER EINDIR ECA ECLAC ELAP EITI EUCOM ECONEFINETRDPGOVEAGRPTERKTFNKCRMEAID EARG ELDIN EINVKSCA ENNP EFINECONCS EFINTS ECCP ETC EAIRASECCASCID EINN ETRP EAIDNI EFQ ECOQKPKO EGPHUM EBUD ECONEINVEFINPGOVIZ ENERGY ELB EINDETRD EMI ECONEFIN EIB EURN ETRDEINVTINTCS EIN EFIM ETIO ELAINE EMN EATO EWTR EIPR EINVETC ETTD ETDR EIQ ECONCS EPPD ENRGIZ EISL ESPINOSA ELEC EAIG ESLCO EUREM ENTG ERD EINVECONSENVCSJA EEPET EUNCH ECINECONCS ETRO ETRDECONWTOCS ECUN EFND EPECO EAIRECONRP ERGR ETRDPGOV ECPN ENRGMO EPWR EET EAIS EAGRE EDUARDO EAGRRP EAIDPHUMPRELUG EICN ECONQH EVN EGHG ELBR EINF EAIDHO EENV ETEX ERNG ED
KMDR KPAO KPKO KJUS KCRM KGHG KFRD KWMN KDEM KTFN KHIV KGIC KIDE KSCA KNNP KHUM KIPR KSUM KISL KIRF KCOR KRCM KPAL KWBG KN KS KOMC KSEP KFLU KPWR KTIA KSEO KMPI KHLS KICC KSTH KMCA KVPR KPRM KE KU KZ KFLO KSAF KTIP KTEX KBCT KOCI KOLY KOR KAWC KACT KUNR KTDB KSTC KLIG KSKN KNN KCFE KCIP KGHA KHDP KPOW KUNC KDRL KV KPREL KCRS KPOL KRVC KRIM KGIT KWIR KT KIRC KOMO KRFD KUWAIT KG KFIN KSCI KTFIN KFTN KGOV KPRV KSAC KGIV KCRIM KPIR KSOC KBIO KW KGLB KMWN KPO KFSC KSEAO KSTCPL KSI KPRP KREC KFPC KUNH KCSA KMRS KNDP KR KICCPUR KPPAO KCSY KTBT KCIS KNEP KFRDCVISCMGTCASCKOCIASECPHUMSMIGEG KNNB KGCC KINR KPOP KMFO KENV KNAR KVIR KDRG KDMR KFCE KNAO KDEN KGCN KICA KIMMITT KMCC KLFU KMSG KSEC KUM KCUL KMNP KSMT KCOM KOMCSG KSPR KPMI KRAD KIND KCRP KAUST KWAWC KTER KCHG KRDP KPAS KITA KTSC KPAOPREL KWGB KIRP KJUST KMIG KLAB KTFR KSEI KSTT KAPO KSTS KLSO KWNN KPOA KHSA KNPP KPAONZ KBTS KWWW KY KJRE KPAOKMDRKE KCRCM KSCS KWMNCI KESO KWUN KPLS KIIP KEDEM KPAOY KRIF KGICKS KREF KTRD KFRDSOCIRO KTAO KJU KWMNPHUMPRELKPAOZW KEN KO KNEI KEMR KKIV KEAI KWAC KRCIM KWCI KFIU KWIC KCORR KOMS KNNO KPAI KBWG KTTB KTBD KTIALG KILS KFEM KTDM KESS KNUC KPA KOMCCO KCEM KRCS KWBGSY KNPPIS KNNPMNUC KWN KERG KLTN KALM KCCP KSUMPHUM KREL KGH KLIP KTLA KAWK KWMM KVRP KVRC KAID KSLG KDEMK KX KIF KNPR KCFC KFTFN KTFM KPDD KCERS KMOC KDEMAF KMEPI KEMS KDRM KEPREL KBTR KEDU KNP KIRL KNNR KMPT KISLPINR KTPN KA KJUSTH KPIN KDEV KTDD KAKA KFRP KWNM KTSD KINL KJUSKUNR KWWMN KECF KWBC KPRO KVBL KOM KFRDKIRFCVISCMGTKOCIASECPHUMSMIGEG KEDM KFLD KLPM KRGY KNNF KICR KIFR KM KWMNCS KAWS KLAP KPAK KDDG KCGC KID KNSD KMPF KPFO KDP KCMR KRMS KNPT KNNNP KTIAPARM KDTB KNUP KPGOV KNAP KNNC KUK KSRE KREISLER KIVP KQ KTIAEUN KPALAOIS KRM KISLAO KWM KFLOA
PHUM PINR PTER PGOV PREL PREF PL PM PHSA PE PARM PINS PK PUNE PO PALESTINIAN PU PBTS PROP PTBS POL POLI PA PGOVZI POLMIL POLITICAL PARTIES POLM PD POLITICS POLICY PAS PMIL PINT PNAT PV PKO PPOL PERSONS PING PBIO PH PETR PARMS PRES PCON PETERS PRELBR PT PLAB PP PAK PDEM PKPA PSOCI PF PLO PTERM PJUS PSOE PELOSI PROPERTY PGOVPREL PARP PRL PNIR PHUMKPAL PG PREZ PGIC PBOV PAO PKK PROV PHSAK PHUMPREL PROTECTION PGOVBL PSI PRELPK PGOVENRG PUM PRELKPKO PATTY PSOC PRIVATIZATION PRELSP PGOVEAIDUKNOSWGMHUCANLLHFRSPITNZ PMIG PREC PAIGH PROG PSHA PARK PETER POG PHUS PPREL PS PTERPREL PRELPGOV POV PKPO PGOVECON POUS PGOVPRELPHUMPREFSMIGELABEAIDKCRMKWMN PWBG PMAR PREM PAR PNR PRELPGOVEAIDECONEINVBEXPSCULOIIPBTIO PARMIR PGOVGM PHUH PARTM PN PRE PTE PY POLUN PPEL PDOV PGOVSOCI PIRF PGOVPM PBST PRELEVU PGOR PBTSRU PRM PRELKPAOIZ PGVO PERL PGOC PAGR PMIN PHUMR PVIP PPD PGV PRAM PINL PKPAL PTERE PGOF PINO PHAS PODC PRHUM PHUMA PREO PPA PEPFAR PGO PRGOV PAC PRESL PORG PKFK PEPR PRELP PREFA PNG PGOVPHUMKPAO PRELECON PINOCHET PFOR PGOVLO PHUMBA PRELC PREK PHUME PHJM POLINT PGOVPZ PGOVKCRM PGOVE PHALANAGE PARTY PECON PEACE PROCESS PLN PRELSW PAHO PEDRO PRELA PASS PPAO PGPV PNUM PCUL PGGV PSA PGOVSMIGKCRMKWMNPHUMCVISKFRDCA PGIV PRFE POGOV PEL PBT PAMQ PINF PSEPC POSTS PHUMPGOV PVOV PHSAPREL PROLIFERATION PENA PRELTBIOBA PIN PRELL PGOVPTER PHAM PHYTRP PTEL PTERPGOV PHARM PROTESTS PRELAF PKBL PRELKPAO PKNP PARMP PHUML PFOV PERM PUOS PRELGOV PHUMPTER PARAGRAPH PERURENA PBTSEWWT PCI PETROL PINSO PINSCE PQL PEREZ PBS

Browse by classification

Community resources

courage is contagious

Viewing cable 07HONGKONG2252, HONG KONG'S NEW COPYRIGHT AMENDMENTS WELCOMED BY

If you are new to these pages, please read an introduction on the structure of a cable as well as how to discuss them with others. See also the FAQs

Understanding cables
Every cable message consists of three parts:
  • The top box shows each cables unique reference number, when and by whom it originally was sent, and what its initial classification was.
  • The middle box contains the header information that is associated with the cable. It includes information about the receiver(s) as well as a general subject.
  • The bottom box presents the body of the cable. The opening can contain a more specific subject, references to other cables (browse by origin to find them) or additional comment. This is followed by the main contents of the cable: a summary, a collection of specific topics and a comment section.
To understand the justification used for the classification of each cable, please use this WikiSource article as reference.

Discussing cables
If you find meaningful or important information in a cable, please link directly to its unique reference number. Linking to a specific paragraph in the body of a cable is also possible by copying the appropriate link (to be found at theparagraph symbol). Please mark messages for social networking services like Twitter with the hash tags #cablegate and a hash containing the reference ID e.g. #07HONGKONG2252.
Reference ID Created Released Classification Origin
07HONGKONG2252 2007-08-29 10:30 2011-08-23 00:00 UNCLASSIFIED Consulate Hong Kong
VZCZCXRO2986
RR RUEHCN RUEHGH RUEHVC
DE RUEHHK #2252/01 2411030
ZNR UUUUU ZZH
R 291030Z AUG 07
FM AMCONSUL HONG KONG
TO RUEHC/SECSTATE WASHDC 2754
INFO RUEHOO/CHINA POSTS COLLECTIVE
RUEHIN/AIT TAIPEI 4649
RUCPDOC/DEPT OF COMMERCE WASHDC
RHEHNSC/NSC WASHDC
RHEHAAA/WHITE HOUSE WASHDC
UNCLAS SECTION 01 OF 03 HONG KONG 002252 
 
SIPDIS 
 
SIPDIS 
 
STATE FOR EAP/CM AND EEB/TPP/MTA/IPC, STATE PASS USTR FOR 
MCCOY, BAE AND CELICO, NSC FOR TONG AND WILDER 
 
E.O. 12958: N/A 
TAGS: ECON KIPR ETRD HK
SUBJECT: HONG KONG'S NEW COPYRIGHT AMENDMENTS WELCOMED BY 
INDUSTRY 
 
1.  Summary: After more than a year of consultations with 
industry and consumer protection groups, the Hong Kong 
Government (HKG) has passed amendments to the Hong Kong 
Copyright Act.  Industry associations and IP rightholders are 
pleased with revisions that lower the bar for Hong Kong 
Customs to initiate criminal cases, increase penalties for 
circumvention of technical protection measures, and hold 
company directors criminally liable if their companies use 
counterfeit products in the course of business.  A compromise 
measure to relax restrictions on parallel imports met with 
industry approval but fair use provisions for educational 
institutions were criticized as overly broad.  IPR protection 
groups are expecting the HKG,s next step will be to create 
digital protection laws; a discussion paper is currently 
being drafted and should be published before the end of the 
year.   End Summary. 
 
2.  Comment: The June passage of these amendments to the 
copyright law is a positive development for Hong Kong,s 
copyright protection framework.  The amendments updated a law 
that had last been revised in 2001 and had fallen behind the 
times.  The HKG deserves high marks for its willingness to 
consult with intellectual property rightholders who were 
generally pleased with the changes to the law.  However, Hong 
Kong authorities have yet to address digital rights 
management, need more serious enforcement actions against 
counterfeit pharmaceuticals, should consider reforms to the 
legal system that makes civil remedies prohibitively 
expensive, and provide legal recognition of U.S. copyright 
registrations.  Some rightholders complain that the 
consultation process took too far too long and are waiting to 
see whether enforcement action will follow.  Rightholders 
agree that Hong Kong's IPR protection remains a model for the 
region in many ways, but has fallen behind others in the 
region in some sectors.  End Comment. 
 
============================================= 
Director,s Liability for Infringing Workplace 
============================================= 
 
3.  A lengthy consultation process concluded June 27, 2007 
with the first revisions to Hong Kong,s copyright laws since 
2001.  Among the more significant provisions is the 
establishment of criminal liability for company directors 
found to be using copyright infringing products in the course 
of business.  Directors and partners can escape criminal 
liability if they can show that they were unaware, did not 
authorize and specifically took steps to prohibit use of 
infringing products.  These steps can include budgeting funds 
to purchase legitimate product and demonstrating policies, 
practices, and actions designed to prohibit and prevent the 
use of counterfeit products in the workplace. 
 
4.  Employees may also be held liable for use of infringing 
products in their work, but can escape liability if able to 
demonstrate that they were not in a position to authorize 
installation or removal of infringing materials.  Local 
business associations, including the Hong Kong General 
Chamber of Commerce and the Chinese Manufacturing Association 
of Hong Kong, raised concerns that business leaders would be 
unfairly forced to bear liability for the actions of their 
staff, while the Business Software Alliance (BSA) complained 
that the law continued to leave a large loophole for 
directors and partners to avoid prosecution.  Although the 
law officially went into effect when gazetted on July 7, the 
Hong Kong government plans to conduct educational activities 
to ensure business owners are aware of their obligations and 
can correct any shortcomings.  The director liability 
provisions are not expected to be enforced before the 
beginning of 2008. 
 
============================================= ========= 
Support for Technical Protection Measures Strengthened 
============================================= ========= 
 
5.  The International Federation of Phonographic Industries 
(IFPI) was particularly pleased with the addition of criminal 
liability for circumvention of technical protection measures 
(TPMs).  (Note: previously TPM circumvention was only a civil 
offense and police would not pursue investigations against 
violators.  End Note.)  Businesses providing TPM 
circumvention services or devices, regardless of whether they 
charge for the service or device will now be held criminally 
liable.  A person using such a service or device can be held 
civilly liable under the amended law.  While there are some 
 
HONG KONG 00002252  002 OF 003 
 
 
limited exceptions to the TPM circumvention regulations for 
research and security testing, IFPI representatives in Hong 
Kong told econoff the industry "got everything it wanted" in 
the current law. 
 
========================================= 
But Parallel Import Restrictions Loosened 
========================================= 
 
6.  The amendments also relaxed restrictions on parallel 
imports, reducing the period in which parallel imports are 
prohibited from 18 to 15 months of the release of the work. 
This was a compromise with industry; the original proposal 
had called for reducing the prohibited period to 9 months. 
Representatives from the Motion Picture Association of 
America (MPAA) were pleased with the results of their 
consultation with the government and told econoff that 
because the amendments set the date of official video 
release, not the film release, as the effective date for 
protection to begin, film makers could actually benefit from 
an increased period of protection under the new law. 
 
========================================= 
Fair Dealing Still Not Fair Says Industry 
========================================= 
 
7.  The IPR-protection associations criticized the 
liberalization of "fair dealing" provisions as overly broad 
and open to abuse by Hong Kong,s numerous commercial 
educational institutions.  These provisions allow educational 
institutions to use portions of copyrighted works for 
educational purposes as long as certain subjective 
requirements are met.  The amendments also allow a specified 
number of copies to be made under a "safe harbor" exception 
-- the allowable number is determined by the number of 
copies, the percentage copied and the retail cost of the 
work.  Copying of newspapers, magazines, books and 
periodicals beyond the safe harbor limits will now be a 
criminal offense.  The Hong Kong government has responded to 
industry criticisms by noting that the fair dealing 
provisions are based on U.S. regulations.  The Hong Kong 
Commerce and Economic Development (HKCED) Bureau is currently 
drafting implementing regulations and expects to issue them 
before the end of 2007. 
 
========================================= 
Coming Attractions: The Digital 21 Agenda 
========================================= 
 
8.  Hong Kong has periodically conducted a review of its 
digital technology laws since 1997, with an eye towards 
improving infrastructure, promoting innovation and creating 
the legal environment that will allow digital content 
industries to thrive.  The 2007 Digital Agenda consultation 
paper was circulated in October 2006 and received over 70 
comments.  An April 2007 Digital Agenda Forum, organized by 
Sin Chung-kai, the Information Technology Functional 
Representative in the Legislative Council (LegCo), drew 
additional comments from the public and industry.  HKCED is 
currently in the process of reviewing the comments and 
drafting legislation that will address questions of ISP 
liability, codifying notice and take-down requirements, and 
considering whether current criminal liability provisions for 
uploading copyright infringing materials can be extended to 
cover downloading as well. 
 
9.  According to CED, draft proposals could be ready for 
public consultation before the end of 2007 but are unlikely 
to be considered by the LegCo in this session.  The current 
LegCo session will close in 2008.  Any legislation not passed 
before that time will need to be reintroduced in the newly 
elected LegCo.  Given that a major revision of the copyright 
law has just been passed and the difficulty of soliciting and 
responding to comments before the end of the current LegCo 
session, CED plans to submit the draft to the new Legislative 
Council for consideration late in 2008. 
 
=========================== 
Still Areas for Improvement 
=========================== 
 
10.  Intellectual property protection associations were 
pleased with the results of their consultations with the HKG, 
but pointed out that Hong Kong is falling behind in some 
important areas.  Hong Kong,s slow consultation process 
 
HONG KONG 00002252  003 OF 003 
 
 
means that downloaders and users of pirated media will 
continue to be free from criminal sanctions.  High legal fees 
make the cost of civil action prohibitive, allowing violators 
to continue their infringing activities with impunity. 
Trademark violations in company registrations continues to be 
a problem and Hong Kong authorities still do not provide 
legal recognition of U.S. copyright registrations. 
Rightholders complain that the HKG is unwilling to share 
information on IPR crimes that could be used to pursue 
cross-border IPR investigations and are discouraged by Hong 
Kong's lack of enthusiasm for prosecuting pharmaceutical 
counterfeiting and transshipment cases. 
Cunningham