Eusoffe Abdoolcader SCJ:

[1] The sole and primal issue arising for resolution in these proceedings as agreed between the parties is whether the first respondent which makes cinematograph films in Hong Kong acquires copyright in Malaysia under any of the provisions of the Copyright Act, 1969 by virtue of the first publication thereof in Malaysia, and this in effect involves and entails the construction of the requisite provisions of the Copyright Act ("the Act"). To avoid tautology, all references to statutory provisions in this judgment relate to the Act.

[2] The case in the Court below was presented on the basis of a statement of agreed facts, briefly, to this effect: The first respondent is a limited company incorporated in Hong Kong and 'are the makers and owners of the copyright in certain cinematograph films in Hong Kong', the second and third respondents being respectively its licensee and sub-licensee in this country, and the films in question are video recordings to be shown on television screens for which purpose they are copied on to tapes for sale and hire as video cassettes. These films are published in Malaysia within thirty days of their publication in Hong Kong which is accepted as the first publication thereof. The appellants in a representative action suing on behalf of themselves and other members of the Perak Video Tape Dealers Association issued a writ on 20 October 1984 seeking a declaration that the first respondent is not entitled to copyright in this country in respect of cinematograph films produced by it in Hong Kong and consequential injunctive relief and damages. VC George J, in a careful and considered reserved judgment dismissed the appellants' claim on 2 March 1985 and they now appeal against that decision.

[3] To epitomize the pertinent provisions of the Act: Section 3 provides that no copyright shall subsist otherwise than by virtue of the Act and s 4 enumerates the works eligible for copyright. Section 5(1) confers copyright on every work eligible for copyright of which the author is a qualified person, scilicet, a citizen of or a permanent resident in Malaysia or a body corporate constituted and established in Malaysia. Section 6(1) confers copyright on every work eligible for copyright referred to therein which meets the specified requirements in relation to its publication, location, manufacture or transmission, and for the purposes of this judgment the pivotal provision is para (a) thereof in respect of a literary, musical or artistic work or cinematograph film first published in Malaysia. Anent the matter of publication s 2(2) enacts provisions for the purposes of the Act with respect to publication and the cardinal provision for consideration in the instant matter is para (c) of that subsection which stipulates that a publication in any country shall not be treated as being other than the first publication by reason only of an earlier publication elsewhere, if the two publications took place within a period of not more than thirty days.

[4] Another provision in the Act, the effect of which is in issue, is s 20 which empowers the Minister charged with the responsibility for trade and industry to make regulations extending the application of the Act in respect of any or all of the works referred to in s 4(1) to persons, corporations and works as specified therein in relation to a country which is a party to a treaty or a member of any convention or union to which Malaysia is also a party or a member as the case may be and which provides for protection of copyright in works which are protected under the Act.

[5] The contention advanced by and for the appellants, basically, is that, predicated on the factuality of s 20, ss 5 and 6 must be read together, that copyright can only accrue in this country in relation to citizens of or permanent residents or bodies incorporated in Malaysia and that therefore s 6 can only apply if the author of an eligible work is a citizen of or a permanent resi