Eusoffe Abdoolcader SCJ:

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.

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 whic