COPYRIGHT ORDINANCE

COPYRIGHT ORDINANCE

LAWS OF HONG KONG

COPYRIGHT ORDINANCE

CHAPTER 39





CHAPTER 39

COPYRIGHT

Tomodify the Copyright Act 1956 as amended by the Design
Copyright Act 1968, in its application to Hong Kong and to
make further provision with respect to copyright law in Hong
Kong.

[2 March 1973.1

1. This Ordinance may be cited as the Copyright Ordinance.

2. (1) In this Ordinance, unless the context otherwise requires

'Act' means the Copyright Act 1956 as amended by the Design
Copyright Act 1968;

-authorized officer' means any public officer authorized in writing by
the Commissioner to exercise any of the powers and perform any
of the duties conferred or imposed on an authorized officer under
this Ordinance, (Amended, L.N. 294/82)

'Commissioner' means the Commissioner of Customs and Excise
and any Deputy or Assistant Commissioner of Customs and
Excise; (Replaced, L.N. 294 /82)

'plate' has the meaning assigned by the Act and also includes any
machine, device or equipment.

(2) Subject to the provisions of this Ordinance, any word or
expression used herein to which a meaning is assigned by the Act shall
have in or for the purpose of this Ordinance the meaning that it has in or
for the purposes of the Act.

3. The Act as extended to Hong Kong shall apply in Hong Kong to
every television broadcast and every sound broadcast made by any
organization specified in the Schedule from a place in Hong Kong as it
applies to every television broadcast and every sound broadcast made
by the British Broadcasting Corporation or the Independent Television
Authority from a place in the United Kingdom.

4. (1) Where a television broadcast or sound broadcast is made by
any organization specified in the Schedule from a place in Hong Kong,
and the broadcast is an authorized broadcast, any person who, by the
reception of the broadcast, causes a programme to be transmitted to
subscribers to a diffusion service, being a programme comprising a
literary, dramatic or musical work, or an adaptation of such a work, or an
artistic work, or a cinematograph film, shall be in the like position, in any
proceedings for infringement of the copyright (if any) in the work or
film, as if he had been the holder of a licence granted by the owner of
that copyright to include





the work, adaptation or film in any programme caused to be transmitted
by him to subscribers to that service by the reception of the broadcast.
(Amended, 38 of 1974, s. 2)

(2) If, in the circumstances mentioned in subsection (1), the person
causing the programme to be transmitted, infringed the copyright in
question, by reason that the broadcast was not an authorized broadcast

(a)no proceedings shall be brought against that person under the
Act or this Ordinance in respect of his infringement of that
copyright; but

(b)it shall be taken into account in assessing damages in any
proceedings against the organization specified in the Schedule
making the television broadcast or sound broadcast in respect
of that copyright, in so far as that copyright was infringed by
such organization in making the broadcast. (Added, 38 of 1974,
s. 2)

(3) For the purposes of this section, a broadcast shall be taken, in
relation to a work or cinematograph film, to be an authorized broadcast
if, but only if, it is made by, or with the licence of, the owner of the
copyright in the work or film.

5. (1) Without prejudice to section 21 of the Act. any person who
for the purposes of trade or business has in his possession any
infringing copy of a work or other subject matter in which copyright
subsists under the Act or this Ordinance shall, unless he proves to the
satisfaction of the court that he did not know and that he had no reason
to believe that it was an infringing copy of any such work or other
subject matter, be guilty of an offence and shall be liable on conviction
to a fine of $1,000 in respect of each such infringing copy and to
imprisonment for 12 months.

(2) Without prejudice to section 21 of the Act. any person who for
the purposes of trade or business has in his possession any plate used
or intended to be used for making an infringing copy of any work or
other subject matter in which copyright subsists under the Act or this
Ordinance shall, unless he proves to the satisfaction of the court that he
did not know and that he had no reason to believe that the plate was
used or intended to be used for making an infringing copy of any such
work or other subject matter, be guilty of an offence and shall be liable
on conviction to a fine of 550,000 and to imprisonment for 2 years.

(3) Where a person is charged with an offence under subsection (1)
or (2) the court may, if it is satisfied that any article seized by an
authorized offcer under section 6 in connexion with the offence C'

(a)is an infringing copy of a work or other subject matter in
which copyright subsists under the Act or this Ordinance;

(b)is a plate which has been used, or is intended to be used, for
making infringing copies of any such work or other subject
matter; or





(c)has been used in connexion with any offence under the Act
or this Ordinance,

order that the article be-
(i) destroyed;
(ii) delivered up to the person who appears to the court to be
the owner of the copyright in question; or
(iii) disposed of in such other way as the court may think fit,

whether or not the person charged is convicted of the offence with
which he was charged.

(4) Where any article is seized by an authorized officer under
section 6 in connexion with a suspected offence under the Act or this
Ordinance a court, on the application of the Attorney General or the
Commissioner, may, if it is satisfied that the article- (Amended,
L.N. 294182)

(a)is an infringing copy of a work or other subject matter in
which copyright subsists under the Act or this Ordinance;

(b)is a plate which has been used, or is intended to be used. for
making infringing copies of any such work or other subject
matter; or
(c)has been used in connexion with any offence under the Act
or this Ordinance,

order that the article be-
(i) destroyed;
(ii) delivered up to the person who appears to the court to be
the owner of the copyright in question; or
(iii) disposed of in such other way as the court may think fit.
(Replaced, 66 of 1975, s. 2)

6. (1) Any authorized officer may-

(a) (i) subject to section 7, enter and search any premises or
place;
(ii) stop, board and search any vessel (other than a ship
of war) or any aircraft (other than a military aircraft); or
(iii) stop and search any vehicle,

in which he reasonably suspects that there is an infringing
copy of a work or other subject matter in which copyright
subsists under the Act or this Ordinance or a plate used or
intended to be used for making infringing copies of any
such work or other subject matter; and

(b) seize, remove or detain-
(i) any article which appears to him to be an infringing
copy of a work or other subject matter in which copyright
subsists under the Act or this Ordinance or any plate which
appears to him to be intended for use for making infringing
copies of any such work or other subject matter; and





(ii) anything which appears to him to be or to contain, or to
be likely to be or to contain, evidence of an offence under the
Act or this Ordinance.

(2) Any authorized officer may-

(a)break open any outer or inner door of any place which he is
empowered or authorized by this Ordinance to enter and
search;

(b)forcibly board any vessel, aircraft or vehicle which he is
empowered by this Ordinance to stop, board and search;

(c)remove by force any person or thing obstructing him in the
exercise of any power conferred on him by this Ordinance;

(d)detain any person found in any place which he is empowered
or authorized by this Ordinance to search until such place has
been searched;

(e)detain any vessel or aircraft which he is empowered by this
Ordinance to stop, board and search, and prevent any person
from approaching or boarding such vessel or aircraft until it
has been searched;

detain any vehicle which he is empowered by this Ordinance
to stop and search until it has been searched.

(Amended, 38 of 1974, s. 4)

7. (1) No domestic premises shall be entered and searched by an
authorized officer unless

(a) a magistrate has issued a warrant under subsection (2), or

(b)the Commissioner has given an authorization under subsection
(3). (Amended, L.N. 294182)

(2) A magistrate may, if he is satisfied by information on oath that
there is reasonable ground for suspecting that there is in any domestic
premises any article which may be seized, removed or detained under
section 6(1)(b), issue a warrant authorizing an authorized officer to enter
and search the premises.

(3) The Commissioner may, if he is satisfied that there is reasonable
ground for suspecting- (Amended, L.N. 294182)

(a)that there is in any domestic premises any article which may be
seized, removed or detained under section 6(1)(b); and

(b)that unless the premises are entered and searched immediately
such thing is likely to be removed from the premises,

authorize in writing an authorized officer to enter and search the
premises.





(4) An authorized officer authorized under subsection (2) or
(3) to enter and search any domestic premises may call upon any
authorized officer to assist him in entering and searching the
premises.
(Amended, 38 of 1974, s. 5)

8. (1) Without prejudice to any other Ordinance, any person
who-

(a)wilfully obstructs an authorized officer in the exercise of his
powers or the performance of his duties under the Act or
this Ordinance;

(b)wilfully fails to comply with any requirement properly
made to him by any such authorized officer; or

(e)without reasonable excuse, fails to give such authorized
officer any other assistance which he may reasonably
require to be given for the purpose of exercising his powers
or performing his duties under the Act or this Ordinance,

shall be guilty of an offence and shall be liable on conviction to a fine
of $5,000 and to imprisonment for 3 months.

(2) Any person who, when required to give information to an
authorized officer in the exercise of his powers or the performance of
his duties under the Act or this Ordinance, knowingly gives false or
misleading information to any such authorized officer shall be guilty
of an offence and shall be liable on conviction to a fine of $5,000 and
to imprisonment for 3 months.

(3) Nothing in this section shall be construed as requiring any
person to give any information which may incriminate him.
(Amended, 38 of 1974, s. 6)

9. (1) An affidavit which-

(a)purports to have been made by or on behalf of the owner
of a work or other subject matter in which copyright
subsists under the Act; and

(b) states that-
(i) at a time specified therein copyright subsisted in the
work or other subject matter;
(ii) the person named therein is the owner of the
copyright in the work or other subject matter; and
(iii) a copy of the work or other subject matter ex-
hibited to the affidavit is a true copy of the work or other
subject matter,

shall, if it complies with subsection (3), be admitted without further
proof in any proceedings under the Act or this Ordinance.

(2) The court before whom an affidavit is produced under
subsection (1) shall presume, until the contrary is proved-





(a) that the statements made therein are true; and

(b)that it was made and authenticated in accordance with
subsection (3).

(3) An affidavit for the purposes of this section shall be-

(a) made on oath-

(i) before a magistrate or a notary public if it is made at any
place within the Commonwealth; or

(ii) before a consular officer of Her Majesty's Government in
the United Kingdom or a notary public if it is made at any
place outside the Commonwealth; and

(b) authenticated, so far as relates to the making thereof, by
the signature of the magistrate, notary public or consular
officer before whom it is made.

10. No prosecution for an offence under the Act or this Ordinance
shall be commenced after the expiration of 3 years after the commission
of the offence or 1 year after the discovery thereof, whichever date last
occurs.

11. The Governor may, by notice in the Gazette, amend the
Schedule.

SCHEDULE Is. 3.1

BROADCASTING
ORGANIZATIONS

1. Radio Television Hong Kong.
2. Hong Kong Commercial Broadcasting Company Limited.
3. Television Broadcasts Limited.
4. Asia Television Limited.

(Amended, L.N. 231180 and L.N. 31183)
Originally 5 of 1973. 38 of 1974. 66 of 1975. L.N. 231/80. L.N. 294/82. L.N. 31/83. L.N. 46/73. Short title. Interpretation. (1956 c. 74.) (1968 c. 68.) Acts restricted by copyright in television and sound broadcasts by Hong Kong organizations. Schedule. Transmission of authorized broadcasts by a diffusion service. Schedule. [cf. 1956 c. 74. s. 40(3).] [cf. 1956 c. 74, s. 40(4).] Offences in connexion with infringing copies. Powers of investigating officers. Restrictions on the entry and search of domestic premises. Obstruction of investigating officers. Affidavit evidence. Time limit for prosecutions. Governor's power to amend the Schedule.

Originally 5 of 1973. 38 of 1974. 66 of 1975. L.N. 231/80. L.N. 294/82. L.N. 31/83. L.N. 46/73. Short title. Interpretation. (1956 c. 74.) (1968 c. 68.) Acts restricted by copyright in television and sound broadcasts by Hong Kong organizations. Schedule. Transmission of authorized broadcasts by a diffusion service. Schedule. [cf. 1956 c. 74. s. 40(3).] [cf. 1956 c. 74, s. 40(4).] Offences in connexion with infringing copies. Powers of investigating officers. Restrictions on the entry and search of domestic premises. Obstruction of investigating officers. Affidavit evidence. Time limit for prosecutions. Governor's power to amend the Schedule.

https://oelawhk.lib.hku.hk/items/show/2284

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