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COPYRIGHT

COPYRIGHT (CHAPTER 39) CONTENT 1. Short title 2. Interpretation 3. Acts restricted by copyright in television and sound broadcasts by Hong Kong organizations 4. Transmission of authorized broadcasts by a diffusion service 5. Offences in connexion with infringing copies 6. Powers of investigating officers 7. Restrictions on the entry and search of domestic premises 8. Obstruction of investigating officers 9. Affidavit evidence 10. Time limit for prosecutions 11. Governor's power to amend the Schedule SCHEDULE [s. 3] BROADCASTING ORGANIZATIONS To modify 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] L. N. 46 of 1973 WHOLE DOCUMENT 1. Short title This Ordinance may be cited as the Copyright Ordinance.

2. Interpretation (1) In this Ordinance, unless the context otherwise requires- "Act" means the Copyright Act 1956 (1956 c. 74 U. K.) as amended by the Design Copyright Act 1968 (1968 c. 68 U. K.); "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 of 1982) "Commissioner" means the Commissioner of Customs and Excise and any Deputy or Assistant Commissioner of Customs and Excise; (Replaced L. N. 294 of 1982) "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. Acts restricted by copyright in television and sound broadcasts by Hong Kong organizations (1) 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. (Amended 11 of 1992 s. 2) (2) For the purposes of this section, the place from which a broadcast is made is, in the case of a satellite transmission, the place from which the signals carrying the broadcast are transmitted to the satellite. (Added 11 of 1992 s. 2) 4. Transmission of authorized broadcasts by a diffusion service (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) [cf. 1956 c. 74 s. 40 (3) U. K.] (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) if 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) [cf. 1956 c. 74 s. 40 (4) U. K.] (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. Offences in connexion with infringing copies (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 $50,000 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 officer under section 6 in connexion with the offence- (Amended L. N. 34 of 1990) (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. 294 of 1982) (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. Powers of investigating officers (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; (f) 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. Restrictions on the entry and search of domestic premises (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. 294 of 1982) (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. 294 of 1982) (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. Obstruction of investigating officers (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 (c) 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. Affidavit evidence (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 exhibited 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. Time limit for prosecutions 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. Governor's power to amend the Schedule The Governor may, by notice in the Gazette, amend the Schedule.

SCHEDULE [s. 3] BROADCASTING ORGANIZATIONS 1. Radio Television Hong Kong.

2. Hong Kong Commercial Broadcasting Company Limited.

3. Television Broadcasts Limited.

4. Asia Television Limited.

5. Metro Broadcast Corporation Limited. (Added L. N. 228 of 1991) 6. Hutchvision Hong Kong Limited. (Added L. N. 41 of 1992) (Amended L. N. 231 of 1980; L. N. 31 of 1983) fence 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. 294 of 1982) (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. Powers of investigating officers (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; (f) 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. Restrictions on the entry and search of domestic premises (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. 294 of 1982) (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. 294 of 1982) (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. Obstruction of investigating officers (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 (c) 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. Affidavit evidence (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 exhibited 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. Time limit for prosecutions 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. Governor's power to amend the Schedule The Governor may, by notice in the Gazette, amend the Schedule.

SCHEDULE [s. 3] BROADCASTING ORGANIZATIONS 1. Radio Television Hong Kong.

2. Hong Kong Commercial Broadcasting Company Limited.

3. Television Broadcasts Limited.

4. Asia Television Limited.

5. Metro Broadcast Corporation Limited. (Added L. N. 228 of 1991) 6. Hutchvision Hong Kong Limited. (Added L. N. 41 of 1992) (Amended L. N. 231 of 1980; L. N. 31 of 1983)


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