Pan-dems’ proposed changes to Hong Kong copyright bill too broad, says Anthony Tong

The three exceptions that the pan-democrats seek to add to the new copyright bill are too broad, according to Copyright Tribunal deputy chairman Anthony Tong Tat-hay, who sought to allay web users’ concerns over civil and criminal lawsuits.

Instead of opposing the bill, which will be tabled to the Legislative Council on Wednesday, he added, the public should accept it and then continue to press for further consultation as already pledged by officials.

“It is rare for officials to make such a pledge. I’m sure the public will continue to exercise scrutiny on their future timetable,” Tong, a managing partner at Robin Bridge & John Liu Solicitors, told the South China Morning Post yesterday.

READ MORE: Hong Kong DAB leader pushes pan-democrat copyright amendment

Internet users fear the loss of freedom of expression, saying the government’s proposed exceptions – parody, satire, caricature, pastiche, reporting and commenting on current event and quotation – do not provide sufficient leeway.

In response to such concerns, the pan-democrats proposed to include fair use, exemptions of user-generated content and contract override in the bill.

But Tong said the Hong Kong law’s adoption of the British model for specifying what acts are to be exempted under a “fair dealing” doctrine is better than the US approach of a blanket “fair use” exemption, which internet users say offers the most protection.

“The advantage is also a disadvantage. ‘Fair use’ lacks certainty and will therefore be litigation-prone,” Tong said.

The pan-democrats’ suggestion has been dramatically supported by a key member of the biggest pro-government party, who vowed on Sunday to galvanise support among lawmakers of the Democratic Alliance for the Betterment and Progress of Hong Kong.