WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IP/N/1/HKG/C/1/ Add.1 
IP/N/1IHKG/C/2/ Add.1 
IP/N/1IHKG/P/1/Add.1 
4 February 2003 
(03-0718) 
Original: English! 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
HONG KONG, CHINA 
Addendum 
The present document reproduces the textl of the Intellectual Property (Miscellaneous 
Amendments) Ordinance 2000, as notified by Hong Kong, China under Article 63.2 of the Agreement 
(see document IP/N/IIHKG/4). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIP ALES LOIS ET REGLEMENTATIONS CONSACREES A 
LA PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
HONG KONG, CHINE 
Addendum 
Le present document contient Ie textel de l'Ordonnance de 2000 sur la propriete intellectuelle 
(modifications diverses), notifiee par Hong Kong, Chine au titre de l'article 63:2 de l'Accord (voir Ie 
document IP/N/lIHKG/4). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL pARRAFO 2 DEL ARTicULO 63 DEL ACUERDO 
HONG KONG, CHINA 
Addendum 
En el presente documento se reproduce el textol de la Orden sohre propiedad intelectual 
(modificaciones diversas) de 2000, notificado por Hong Kong, China en virtud de 10 dispuesto en el 
parrafo 2 del articulo 63 del Acuerdo (vease el documento IP/NIlIHKG/4). 
1 In English onlylEn anglais seulementiEn ingles solamente. IPINIl/HKGICllIAdd.l 
IPINIl/HKGICI2IAdd.l 
IPINIl/HKG/PIlI Add. 1 
Page 2 
Section INTELLECfUAL PROPERTY (MISCELLANEOUS 
AMENDMENfS) ORDINANCE 2000 
CONTENTS 
1. Short title and comrnCDceI11cnt ....................................................................... . 
2. 
3. 
4. 
5. 
6. 
7. 
8. 
9. 
10. 
II. 
12. 
13. 
14. 
15. 
16. 
17. 
18. Copyright OnliDlnce 
Secondary infringement: possessing or dealing with infringing copy ............. . 
Secondary inrringement: providing mean! for making infringing copies ...... .. 
Infringement of right by possessing or dealing with infringing article ........... . 
False attribution of work ............................................................................... . 
Order for delivery up ..................................................................................... . 
Criminal liability for making or dealing with infringing articles. elc ............. . 
Penalties for offences under section 118 ........................................................ .. 
Making infringing copies outside Hong Kong. etc. .. ..................................... . 
Mlnor definitions ................................ _ ......................................................... . 
Index of defined expressions .......................................................................... . 
InZ~I':;~i:hOi~hi~~~~~;!l~~nhl.~.~:~!.~.~~~.~~~~~.~~.~~~.l.~~~~.~~~~~~~~~.~~ 
Inf~ng:me!'t f!r f1xati~n rights by importing. exporting, possessing or dulin, 
with Infrlngtng fixatton ............................................................................... . 
Order for delivery up ..................................................................................... . 
Expressions having lame meanios as in copyright provis.ions ....................... . 
Index of defined expressions ......................................................................... .. 
Devices designed to circumvent copy-protection ........................................... . 
Copyright: Transitional provisions and sa,"Yings ............................................. . 
Pretention of Copyright Piracy Onl1nuce 
19. Prclimina.ry ..................................................................................................... . 
20. Interpretation ................................................................................................ .. 
21. Licences to manufacture optical discs ........................................................... .. 
22. Application for and grant of licence ............................................................. .. 
23 Sections amended ........................................................................................... . 
24. Power of authorized officers to inspect licensed premises. etc ....................... . 
25. Sections amended .......................................................................................... .. 
26. Seized optical discs, etc., liable to forfeiture ................................................. .. 
27. False and misleading statements .................................................................... . IPINIIIHKG/CIII Add.l 
IPINIl/HKG/CI2I Add.l 
IPINIIIHKG/PIlIAdd.l 
Section 
28. Sections repealed ............................................................................ , .............. .. 
29. Form of applications, etc ............................................................................... . 
30. Sections added 
3IA. Aids in proof ,. ..... , .................. _ .... 111 ..................................................................... .. 
31 B. Disclosure of information, inspection. release of samples. etc. 
3 L Part added 
PART III 
POSSESSION OF VIDEO RECORDING EQUIPMENT 
IN PLACES OF PUBtlC ENTERTAINMENT 
31 C. Unauthorized p<lS!ession of video recording equipment in place of 
public entertainment prohibited ................................................. . 
31 D. Refusal or admission. etc .............................................................. .. 
31 E. Display of noticcs ......................... n ••• ~ .......................................... .. 
31 F. Power of authorized officers to enter and search, etc ................... .. 
32. Part heading added ........................................................................................ . 
33. Section added 
33A. Obstruction of authorized officers ....................... , ......................... . 
34. Sections substituted 
34. Seized optical diiCS, etc., Hable to forfeiture .................................. . 
35. Disposal of optical discs. etc., where a person is charged ............. . 
36. Compensation for seizure. etc. .. .................................................... . 
36A. Offences related to disclosure of inrormation ................................ . 
36B. Liability of persons other than principal offender ......................... . 
36C. Protection of informen .......................... ,. ............. ~ ....................... . 
36D. Time limit for prosecutions ........................................................... . 
35. Regulations ......... "I .... ,.., ............. _ .......... "' ...... I •• ' ••• ~ ... " ..... P ••••••••••••• "." ............................................ .. 
36. Saving for other enactments .................................................................... _ .... .. 
Patents Ordinance 
37. Divisional short·term patent application ....................................................... . Page 3 IPIN/lIHKG/C/lI Add. 1 
IPINIIIHKG/C/2/Add.1 
IPIN/l/HKG/P/lI Add. 1 
Page 4 
HONG KONG SPECIAL ADlVlINlSTRATIVE REGiON 
ORDINANCE No. ,64 OF 2000 
TUNG Chee-hwa 
Chief Executive 
6 July 2000 
An OrdinC\nce to amend the Copyrig,ht Ordinance, the Prevention of 
Copyright _Piracy Ordinance and the Patents Ordinance. 
( ] 
Enacted by the Legislative Council. 
1. Short ritle and commencement 
(l) This Ordinance may be cited as the Intellectual Property 
(Miscellaneous Amendments) Ordinance 2000. 
(2) This Ordinance shall come into operation on a day to be appointed 
by the Secretary for Commerce and Industry by notice in the Gazette. 
Copyright OnUnance 
2. Secondary Infringement: possessing or dealing 
with infringing copy 
Section 31 of the Copyright Ordinanice (Cap. 528) is amended­
(a) by renumbering it as section 31(1); 
(b) in subsection (1)-
(i) by repealing paragrapb (a) and substituting-
"(a) possesses for 1lhe purpose of, in the course of, or in 
connection wiith, any trade or business;"~ 
(U) by repealing paragraph (e) and substituting-
"(c) exhibits in public or distributes for the purpose of, 
in the course of, or in connection with .. any trade 
or business; or"; IPIN/1/HKG/C/1/Add.l 
IPIN/1/HKG/C/2/Add.l 
IPIN/1IHKGIPIII Add. 1 
Page 5 
(iii) in paragraph (d), by repealing "otherwise than for the 
purpose of trade or business" and substituting ·'(otherwise 
than for the purpose of, in the course of, or in connection 
with, any trade or business)"; 
(c). by adding-
"(2) It is immaterial for the purpose of subsection 
(l)(a) and (c) whether or not the trade or business consists 
of dealing in infringing copies of copyright works.·'. 
3. Secondary infringement: providing means 
for making infringing copies 
Section 32 is amended-
(a) in subsection (l)(c), by repealing "for the purpose of trade or 
'business" and substituting IlCor the purpose of. in the course of. 
or in connection with, any trade or business"; 
(b) by adding-
"(3) It is immaterial for the purpose of subsection 
(l)(c) whether or not the trade or business consists of 
dealing in articles specially designed or adapted for making 
copies of copyright works.". 
4. Infringement of right by possessing or 
dealing with infringing article 
Section 95 is amended-
(a) in subsection (1)-
(i) by repealing paragraph (a) and substituting~ 
"(a) possesses for the purpose of, in the course of, or in 
connection with, any trade or business;"; 
(ii) by repealing paragraph (c) and substituting-
~'(c) exhibits in public or distributes for the purpose of. 
in the course of, or in connection with, any trade 
or business· or'" , , . 
(iii) in paragraph (d), by repeating "otherwise than for the 
purpose of trade or business" and substituting U(otherwise 
than for the purpose of, in the course of, or in connection 
with, any trade or businessy'; 
(b) by adding-
"(IA) It is immaterial for the purpose of subsection 
(I)(a) and (c) whether or not the trade or business consists 
of dealing tn infringing articles.'1. IPINIlIHKG/CIlIAdd.1 
IPINIlIHKG/C/21 Add. 1 
IPINIlIHKG/PIlI Add. 1 
Page 6 
5. False attribution of work 
Section 96 is amended-
(a) in subsections (5) and (6), by repealing "for the plirpose of lrad~ 
or business'· and substituting "for the purpose of. in the course 
of~ or in connection with~ any trade or business"; 
(b) by adding-
"(6A) It is immaterial for the purpose of subsections (5) 
and (6) whether or not the trade or business consists of 
dealing in-
(a) works or copies of works in or on which there 
are false attributions; or 
(b) altered works or copies of altered works.u
, 
6. Order for delivery up 
Section 109 is amended-
(a) in subsection (l)(a). by repealing "for the purpose of trade \1f 
business" and substituting 6oIfor the purpose of, in the course of, 
or in connection with, any trade or business"; 
(b) by adding-
"CIA) It is immaterial for the purpose of subsection 
(l)(a) whether or not the trade or business consists of 
dealing in infringing copies of copyright works:\ 
7. Crlmina1 liability for making or dealing 
with infringing articles, etc. 
Section 118 is amended-
(a) in subsection (1)-
(i) in paragraphs (d) and (e). by repealing "for the purpose uf 
trade or businessH and substituting "for the purpose of. in 
the course of, or in connection with, any trade or busim:ss"; 
(ii) in paragraph (f), by repealing hotherwise than for lht! 
purpose of trade or business" and substituting b(othef\\'is¢ 
than for the purpose of, in the course of, or in connection 
with, any trade or businessr~; 
(b) in subsections (4), (5) and (8). by repealing "for the purpo~ \Jf 
trade or business)) and substituting hfor the purpose of, in the! 
course of, or in connection witht any trade or business··~ (c) by adding-IPIN/1/HKG/C/11 Add.l 
IPIN/1/HKG/C/2/Add.l 
IPINIl/HKG/PI 1/ Add.l 
Page 7 
"(8A) It is immaterial for the purpose of subsections 
(l)(d) and (e), (4) and (8) whether or not the trade or 
business consists of dealing in infringing copies of copyright 
works.". 
8. Penalties for offences under section l18 
Section 119(1) is amended by adding "on indictment'; after "conviction", 
9. Making infringing copies 
outside Hong Kong t etc. 
Section 120 is amended-
(a) in subsection (2}t by rept~aling ~'for the purpose of trade or 
business" and substituting "for the purpose of, in the ~ourse of, 
or in connection with, any trade or business"; 
(b) by adding-
~'(2A) It is immatl.erial for the purpose of subsection (2) 
whether or not the trade or business consists· of dealing in 
infringing copies of copyright works.". 
10. Minor definitions 
Section 19& is amended-
(a) by renumbering it as section 198(1); 
(b) by adding-
"(2) In sections 31(2), 32(3), 95(IA), 96{6A), l09(lA), 
118(8A) and 120(2A), "dealing in~t (At.) inc1udes buying. 
selling, letting for hire, importing, exporting and 
distributing." . 
11. Index of defined expressions 
Section 199 is amended-
(a) by repealing "198" wherever it appears and substituting 
"198(1)"; 
(b) by adding-
"dealing in section 1 98(2)'t . IPINI 1 IHKG/C/1 I Add. 1 
IPIN/1/HKG/C/21 Add.l 
IPIN/1IHKG/PI 1/ Add.l 
Page 8 
12. Infringement of performer's rights by 
importing, exporting, possessing or 
dealing with infringing fixation 
Section 207 is amended-
(a) by repealing subsection (l)(b) and substituting-
neb) for the purpose of, in the course of. or in connection 
with, any trade or business-
(i) possesses; 
(ii) makes available to the public; 
(iii) sells or lets for hire; 
(iv) offers or exposes for sale or hire; or 
(v) distributes,·'; 
(b) by adding-
. "(lA) It is immaterial for the purpose of subsection 
(l}(b) whether or not the trade or business consists of 
dealing in infringing fIXations .... 
13. Infringement of fixation rigbts by importing, 
exporting, possessing or dealing with 
infringing fixation 
Section 211 is amended-
(a) by repealing subsection (l)(b) and subslituling-
"(b) for the purpose of, in the course of, or in connection 
with~ any trade or business-
(i) possesses; 
(ii) makes available to the pu blic; 
(iii) sells or lets for hire;' 
{iv} olTers or exposes for sale or hire; or 
(v) distributes>"; 
(b) by adding-
"(IA) It is immaterial for the purpo~ of subsection 
(l)(b) whether or not the trade or business consists of 
dealing in infringing fixations.'~. 
14. Order for deU"ery up 
Section 228 is amended-
(a) in subsection (1), by repealing ~'for the purpose of trade llf 
business" and substituting "for the purpose of. in the COUTS¢ of, 
or in connection with, any trade or businessJJ
; (h) by adding-IPINIIIHKGICIlI Add. 1 
IPINIlIHKGICI21 Add. 1 
IPINIlIHKG/PIlIAdd.l 
Page 9 
"(lA) It is immaterial for the purpose of subsection (1) 
whether or not the trade or business consists of dealing in 
infringing fIXations.". 
15. Expressions baving same meaning 
as in copyright provisions 
Section 238 is amended by adding-
U(lA) In sections 207(lA), 211(lA) and 228(lA)1 "dealing inn (!itt) 
includes buying y selling, letting for hire, importing, exporting and 
distributing." . 
16. Index of defined expressions 
Section 239 is amended by adding-
(a) by repealing U 198" opposite the expressIOn c'business" and 
su bsti tuting 'c 198( 1 ) .'; 
(b) by adding-
1Cdealing in section 238(lA)". 
17. Devices designed to circumvent 
copy-protection 
Section 273 is amended-
(a) in subsection (2)(a), by repealing "for the purpose of trade or 
business" and substituting "for the purpose of, in the course of. 
or in connection with, any trade or businessH
; 
(b) byaddjng-
"(6) It is immaterial for the purpose of subsection 
(2)(a) whether or not the trade or business consists of 
dealing in devices or means specifically designed or adapted 
to circumvent forms of copy-protection. 
(7) In subsection (6), "dealing in" (5«) includes 
buying, selling, letting for hire y irnporting~ exporting and 
distributing. '~. 
18. Copyright: Transitional provisions and savings 
Schedule 2 is amended, in paragraph 40" by repealing I~ 19Sn and 
substituting UI98(1)'''. IPINIlIHKG/CIlI Add. 1 
IPINIlIHKG/C/2/Add.1 
IPINIlIHKGIPIlIAdd.1 
Page 10 
Prevention of Copyright PirAcy Ordinance 
19. Preliminary 
The heading before section I of the Prevention or Copyright Piracy 
Ordinance (Cap. 544) is repealed and the following substiluted-
"PART I 
PRELlMINARY". 
ZO. Interpretation 
Section 2(1) is amended by adding-
""building" (Jl.'-1) includes any fixed structure, and a part of a building 
or fixed structure; 
"managert
• (tfJlA), in relation to a place of public entertainment. means 
the person responsible for the control or management of that place at 
the material time; 
'~performance" (~f'() includes the meanings assigned to it by seclions 
27(2) and 200(2) of the Copyright Ordinance (Cap_ 528); 
"place of public entertainment" (~1t~j~J.lIJiJi) means any building thal 
is-
(a) used primarily as a cinema, theatre or concert hall for the 
showing or playing of tilms or the performance of literary. 
dramatic or musical works; and 
(b) required to be licensed under the Places of Public 
Entertainment Ordinance (Cap. 172), 
and includes any building that is used as described in paragraph (u) 
the management and control of:which is vested in the Governmt!fH. 
but does not include a foyer; 
"video recording equipment" (JUlft.'M") means any device that is capablt: 
of making a recording, on any medium~ from which a moving imagt: 
may by any means be produced lor that may enable such recordings 
to be made, either in the samt.~ place at which it is used~ or by 
electronic or other transmission at another place. n. 
21. Licences to manufacture optical discs 
The heading before section 3 is repealled and the following substituted·­
"PART II 
MANUFACTURING OF OPTICAL DlSCS 
Licence to manufacture". IP/N/l/HKGICllI Add.l 
IP/N/l/HKGIC/2/Add.1 
IP/N/l/HKG/P/I/Add.1 
Page 11 
22. Application for and grant of licence 
Section 5 is amended-
(a) in subsection (1), by repealing Uthis Ordinance" and substituting 
"this Pare'; 
(b) in subsection (2)(c}--
(i) in subparagraph (iii), by repealing "this Ordinance or the 
regulations" and substituting "this Part or any regulations 
made for the purposes of this Part'~; 
(ii) in subparagraph (v), by repealing "this Ordinance" and 
substituting Uthis Part" . 
23. Sections amended 
Sections 7(1), 8(2), 10(1)(a) and 13 are amended by repealing "this 
Ordinance" and substituting Uthis Part". 
24. Power or authorized officers to inspect 
licensed premises, etc. 
Section 17(1) is amended-
(a) by repealing "purposes of this Ordinance" and substituting 
upurposes of this Part"; 
(b) in paragraph (c), by repealing "this Ordinance" and substituting 
"thls Part"; 
(c) by repealing paragraph (g) and substituting-
'"(g) to make such examination and inquiry as may be 
necessary to ascertain whethef-
(i) the provisions of this Part or any regulations made , 
for the purposes of this Part; 
(ii) the provisions of the Copyright Ordinance (Cap. 
528); or 
(iii) the conditions of any licence granted under this 
Part, 
are being, or have been, complied with; and"; 
(d) in paragraph (h), by repealing "this Ordinance" and substilUting 
J'this PartH
• 
25. Sections amended 
Sections 18(1), (2) and (3) and 19(1) are amended by repealing "this 
Ordinanceu wherever it appears and substituting "this Part"'. IPINIIIHKG/CIlI Add. 1 
IPINIlIHKG/C/21 Add. 1 
IPINIIIHKG/PIlIAdd.1 
Page 12 
26. Seized optical discs, etc., liable to forfeiture 
Section 20 is repealed, 
27. False and misleading statements 
Section 23 is amended by repealing "this Ordinance" where it twk~ 
appears and substituting "this Part", 
28. Sections repealed 
Sections 24 to 29 are repealed. 
29. Fonn of applications, etc. 
Section 30 is amended by repealing Uthis Ordinancen wherever it appears 
and substituting "this Part", 
30. Sections added 
The following are added-
"31A. Aids in proor 
(l) A certificate purporting to be certified under the hand of lhe: 
Commissioner and stating whether:-
(a) a person named in the certificate has or has not been 
granted a licence; 
(b) a licence granted to a person named in the certificate has or 
has not expired or has or has not been revoked or cancdled; 
or 
(c) a manufacture's code specified or described in the ceniflcale 
has or has not been assigned under section 5(2)(a) or 8(3)(h) 
to a person named in the certificate, 
shall be evidence of the matters stated therein as at the date of the 
certificate and shall be received in evidence in any proceedings under this 
Part without further proof. 
(2) A copy of any licence which purports to be certified under the 
hand of the Commissioner shall be evidence of the lieena; and of lhe 
matters stated therein as at the date of the copy and shall be received in 
evidence in any proceedings under this Part without further proof. 31B. Disclosure of information, Insjpedion. 
release of sampleS, etc, IPIN/l/HKG/C/l/Add.1 
IPIN/l/HKG/C/21 Add.1 
IPIN/lIHKG/P/lI Add.l 
Page 13 
Sections 126 and 128 of the Copyright Ordinance (Cap. 528) shall 
apply in respect of any optical disc., machinery, equipment or other thing 
seized, removed or detained by an authorized officer under section 18(2j 
or any machinery, equipment or other thing sealed by an authoriz.eJ. 
officer under section 18(5)) with such modifications as the circumslanc~s 
.. " reqUIre .. 
31. Part added 
The following is added-
~~PART III 
POSSESSION OF VIDEO ReCORDING EQUIPMENT 
IN PLACES OF PUBLIC ENTERTAINMENT· 
31 C.. Unauthorized possession of viJleo 
recording equipment in place tJr 
public entertainment prohibited 
(1) Any person who. without lawful authority or reasonable excus~. 
has in his possession in a place of public' entertainment any vidcl.) 
recording equipment' commits an offence and is liable-
(a) on a first conviction, to a fine at level 2; and 
(b) on a second or subsequent conviction, to a fine at level 5 
and to imprisonment for 3 months. 
(2) For the purposes of subse;ction (1), a person shaH be deemed to 
have video recording equipment ir~ his possession in a place of public 
entertainment~ notwithstanding that. it is not in his actual possession. if he 
knowingly and wilfully has it in the' actual custody or possession of some­
other person in that placet or has. it in that place, whether the videll 
recording equipment is in such custJ)dYt possession or place for the usc of 
that person or for the use or benefit of another person. 
(3) For the purposes of subsection (1), a person has lawful authority 
to possess video recording equipment in a place of public entertainment if 
the manager of the place, or any pe:rson authorized in that behalf by the 
manager, expressly consents to that possession. IPINIl/HKGICIlIAdd.1 
IP INIlIHKGIC/21 Add. 1 
IPINIlIHKGIPIlIAdd.1 
Page 14 
31 D. Refusal of admission, etc. 
(1) Notwithstanding any other law, it shall be lawful for Ih~ 
manager of a place of public entertainment, or any person authorizt!d in 
that behalf by the manager, to refuse to admit to that place~ or tel r(quir~ 
to leave that place, any person who has in his possession any \iJ~\l 
recording equipment. 
(2) Where a person fails to leave a place of public entertainmc:nt 
after 'being required to do so under subsection (1), the manager, or any 
person authorized in that behalf by the manager, may remove that person 
from that place by the use of reasonable force if necessary. 
31E.. Djsplay of notices 
(1) The manager ora place ofpuhlic entertainment shall display and 
keep displayed notices, in English and Chinese, to the effect that (h~ 
unauthorized possession of video recording equipment in that place is 
prohibited, which notices shall be in the prescribed fonn and include Ih~ 
prescribed statements. 
(2) The manager shall display the notices referred to in subsection 
(1) in the manner and in the locations required by the regulations. 
(3) The manager shall maintain the notices referred to in subsection 
(1) in legible condition and good order. 
(4) Any manager who contravenes subsection (I), (2) or (3) commits 
an offence and is liable on conviction to a fine at level 2. 
(5) In this section, 4<managerU (TlIA) also includes any person who 
holds or is required to hold a licence granted under the Places of Public 
Entertainment Ordinance (Cap. 172) in relation to the place of public 
en tertainment. 
31F. Power of autborized officers to 
enter and search, etc. 
(1) An authorized officer may, with the consent of the manager or 
any person authorized in that behalf by the manageri and without a 
warrant and without payment of any admission fee or other charge, enter 
and search any place of public entertainment. 
(2) An authorized officer may enter and search any place of publk 
entertainment without a warrant and without the consent of the managt!f 
or any other person, and without payment of any admission fee or other 
charge) if.-
(a) the authorized officer has reason to suspect that any offence 
under this Part has been or is being committed; and IP/N/1/HKG/C/1/ Add.l 
IP/N/lIHKG/C/2/ Add.l 
IP/N/1/HKG/P/l/ Add.l 
Page 15 
(b) the delay necessary to obtain a warrant could result in the 
loss or destruction of evidence or for any other reason il 
would not be reasonably practicable to obtain a warrant. 
(3) An authorized officer may. in exercising his powers under 
subsection (1) or (2)-
(a) search any person if he has reason to suspect that the person 
has in his actual possession any video recording equipment 
in respect of which an offence has been committed under 
section 31 C; and 
(b) seize, remove or detain any video recording equipment or 
other thing which appears to him to be or to containt or to 
be likely to be or to contain, evidence of an offence under 
this Part. 
(4) An authorized officer may-
. (a) use reasonable force to remove any person or thing 
obstructing him in the exercise of any power conferred on 
him by this s~tion; . 
(b) deta1n any person found in any place which he is 
empowered by this section to enter and search if, after 
inquiry, he has reasonable grounds for believing the person 
is connected with the subject-matter of the search and he 
considers it necessary to detain the person in order to be 
able to adequately perform the search; and 
(c) require the manager of the place or any other person who 
appears to be at the time responsible for the control or 
management of the place to give infonnation or render 
assistance that may be necessary to enable the authorized 
officer to carry out his functions under this section. n • 
32. Part heading added 
The following is added after new section 31 F­
uPART IV 
GENERAL". 
33. Section added 
The following is added-
"33A. Obstruction of authorized officers 
(1) Without prejudice to any other Ordinance, any person who-IP/N/1/HKG/C/1/ Add. 1 
IP/N/1/HKG/C/2/ Add. 1 
IP/N/1/HKG/P/1/ Add.l 
Page 16 
(a) wilfully obstructs an authprized oHieer in the excrcis<! of hi:i 
powers or the perfonnance: .. of his duties under this Onjinan~~~ 
(b) wilfuJly fails to comply whh any requirement prop.;:riy made 
to him by any such authQrized officer; 
(c) without reasonable excuSe, fails to give such authorilcJ 
officer any other assist;ance which he may reasonably 
require to be given for thf purpose of exercising his powers 
or performing his duties under this Ordinance; or 
(d) breaks or interferes with a seal affixed by an authorized 
officer under section 18(5), 
commits an offence and is liable on cOllviction to a fine at level 4 and to 
imprisonment for 1 year. : 
(2) Any person who, when reql~ired to give information [0 the 
Commissioner or an authorized officer in the e)(ercise of his powers or I ht: 
performance of his duties under this O,rdinancc, knowingly gives fa!~ or 
misleading information commits an offence and is liable on conviction 10 
a fine at level 4 and to imprisonment for 1 year. 
(3) Nothing in this section requires any person to give any 
information which may incriminate hint. 
(4) No person commits an offence. under subsection (l)(d) if he 
breaks or interferes with-a seal affixed by an authorized officer under 
section 18(5)-
(a) in the bona fide belief that it is necessary immC<iiately to 
break or interfere with the seal in order to prevent injury 
being suffered by any person or damage being incurred to 
any premises1 place, machinery, equipment or other thing; or 
(b) in the exercise of his duties as a public officer.". 
34. Sections substituted 
Sections 34 to 36 are repealed and the following substituted-
"34. Seized optical discs, etc., 
liable to forfeiture 
(I) Any optical disc. machinery. equipment, video recording 
equipment or other thing seized, removed~ detained or sealed by an 
authorized officer under this Ordinance is liable to forfeilur~ in 
accordance with this section and whether or not any person has ~cn 
charged with an offence under this Ordinance. 
(2) Sections 13l and 133 of the Copyright Ordinance (Cap. 528} 
shall apply in respect of anything liable; to forfeiture under subsec[ion (l), 
with such modifications as the circumstances require. IPIN/1IHKG/CI 1/ Add. 1 
IPIN/1/HKG/C/21 Add.1 
IPINIl/HKG/P/11 Add. 1 
Page 17 
(3) For the purpose of applying sections 131 and 133 of the 
Copyright Ordinance (Cap. 528)t any reference in those sections to-
(a) an offence under section .-118 or 120 of that Ordinance shaH br: 
construed as a reference to an offence under this Ordinanc~~ 
(b) an article, vessel, aircraft, vehicle or thing seized or detained. 
by an authorized officer under section 122 of thJ. t 
Ordinance shall be construed as a reference to any opticll 
disc, machinery, equipment, video recording equipment or 
other thing seized~ removedt detained or sealed by an 
authorized officer under this Ordinance; or 
(c) section 132 of that Ordinance shall be construed as a 
reference to section 35 of this Ordinance. 
35.. Disposal of optical discst etcot 
where a person is charged 
Without prejudice to section 34, where a person is charged with an 
offence under this Ordinance, the court may, if it is satisfied that-
(a) any optical disc seized~ removed or detained by an 
authorized officer under this Ordinance in connection with 
the offence has been manufactured in contravention of this 
Ordinance; or 
(b) any machinery. equipment, video recording equipment or 
other thing seized, removed, detained or sealed by an 
authorized officer under this Ordinance has been used in 
connection with any offence under this Ordinance .. 
order that the optical disc, machinery. equipment, video recording 
eq uipment or other-thing be-
(i) forfeited to the Government; or 
(ii) 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. 
36. Compensation for seizuret etc. 
(l) Where any optical disc, machinery, equipment, video recordlng 
equipment or other thing is seized, removed, detained or sealed by an 
authorized officer under this Ordinance, the Government shall, subject lO 
this section, be liable to compensate the owner thereof for any los:;; 
suffered by him by reason of the seizure, removal, detention or sealing 
thereof or by reason that the optical disc, machinery, equipment, video 
recording equipment or other thing is lost or damaged during the period 
when "it is detained or sealed; but the owner shall not be entitled to 
compensation for any such loss if-IP/NIl/HKGIC/1/Add.1 
IP /Nil IHKGIC/21 Add.l 
IP/NIlIHKG/P/11 Add.l 
Page 18 
(a) the optical disc, machinery, equipment, video ft!Cording 
equipment or thing is forfeited under section 34 or 35~ 
(b) the owner has been convicted of an offt!nce umkr this 
Ordinance or the Copyright Ordinance (Cap. 52~) 
committed in relation to the optical disc. machin~ry, 
equipment. video recording equipment or thing; or 
(c) an order has been made in respect of the oplit:al Ji~, 
machinery, equipment, video recording equipment or thing 
under section 35. 
(2) In any proceedings against the Government in respect of a ddim 
for compensation on any of the grounds referred to in subsection (I}. t hf! 
amount of the compensation recoverable shall be such amount as IS just 
and -equitable in an the circumstances of the case, including the condllct 
and comparative blameworthiness of-
(a) the owner of the optical disc, machinery, equipment, viJ~o 
recording equipment or thing; 
(b) the person in charge or control of the opliciil disc, 
machinery~ equipment, video recording equipment or thing 
at the time it was seized, removed. detained or seakd~ 
(c) the agents of the person specified in paragraphs (tI) and (b)~ 
and 
(d) authorized officers, public officers and other person~ 
concerned. 
(3) No proceedings shall be maintainable in respect of any claim fur 
compensation on any of the grounds referred to in subseclion (I) unkss 
the proceedings are commenced- .' 
(a) in the case of a claim for compensation in respect of any 
optical disc. machinery~. equipment, video recording 
equipment or thing delivered to its owner by order of a 
court or magistrate or by any person having authority to 
deliver the optical disc. machinery, equipment. vidt:o 
recording equipment or thing to him, not later than 6 
months after the delivery thereor; 
(b) in the case of a claim for compensation on the ground thaI 
any optical disc, machinery, equipment, video recording 
equipment or thing was lost during the period when it was 
detained or seaJed, not later than 6 months after-
(i) the discovery by the owner of the existence of such 
ground; or 
(ii) the date on which the owner could, by (he exercise of 
reasonable diligence, have discovered the existenct! of 
such ground, 
whichever is the earlier. 36A. Offe~es related to disclosure 
of information IP/N/1IHKG/C/lI Add.1 
IP/NI1 IHKG/C/21 Add.1 
IP/N/I/HKG/P/lIAdd.1 
Page 19 
(1) Subject Lo subsection (2), any~person who discloses to any other 
person any information obtained by him in pursuance of this Ordinance: 
commi ts an offence unless the disclosu~e was made-
(a) for the purpose of the performance by him or any other 
person of duties or functitons under this Ordinance; or 
(b) under the direction or order of a court. 
(2) A person does not commit an offence under subsection (1) by 
disclosing infonnation pursuant to section 3IB or 37. 
(3) Any person who commits an offence under subsection (1) is 
liable on conviction to a fine at level 4 and to imprisonment for 1 year. 
36B. Liability of persons other than 
principal offender 
(1) Where a body corporate commits an offence under thb 
Ordinance in respect of any act whichlis proved to have been committcJ 
with the consent or connivance of. or to be attributable to any act on the 
part of, any director, manager, secretary or other similar officer of lhe 
body corporate or any person purporting to act in any such capacity, he. 
as well as the body corporate, commits the offence. 
(2) Where the affairs of a body corporate are managed by i b 
members, subsection (1) applies in relation to the acts of a member in 
connection with his functions of management as if he were a director 01 
the body corporate. : 
(3) Where an offence under this brdinance committed by a partnt::r 
in a partnership is proved to have belen committed with the consent or 
connivance of, or to be attributable tOl any act on the part of, any other 
partner of the partnership or any person concerned in the management of 
the partnership! that other partner or the person concerned in {h~ 
management of the partnership commits the like offence. 
36C. Protection of informers 
(1) Save where! in the opinion of the court, justice so requires, th.: 
name or identity of any informer and the information given by such 
informer shall not be disclosed in any proceedings for an oITence under 
this Ordinance. 
(2) The court may make any order and adopt any proa:dure 
necessary to prevent any such disclosure. IP/N/I/HKGICllIAdd.l 
IP/NIlIHKGIC/2/Add.1 
IP/N/1/HKG/P/1/Add.l 
Page 20 
36D. Time limit for prosecutions 
No prosecution for an offence under this Ordinance shall ~ 
commenced after the expiration of 3 years from the date of commission l}f 
the offence or 1 year from the date of discovery of the offence by the 
prosecutor, whichever is the earlier.". 
35. Regulations 
Section 38 is amended-
(a) in paragraph (a). by repealing "andU
; 
(b) by adding-
"(au) for the purposes of any provision of this Ordinance 
which contemplates or authorizes the making of 
regulations with respect to any matter; and". 
36. Saving for other enactments 
Section 40{b) is amended by adding '"or the operation of places of publi~ 
entertainment" after "optical discs". 
Patents Ordinance 
37. Divisional short-term patent application 
Section 116 of the Patents Ordinance"(Cap. 514) is amended by repc!aling 
"publication of the patent has commenced" and substituting "publication of 
the specification of the patent has been completed". 
L.N. 46 of 200 1 
INTELLECTUAL PROPERTY (MISCELLANEOUS 
AMENDMENTS) ORDINANCE 2000 (64 OF 2(00) 
(COMMENCEMENO NOTICE 2001 
Under section 1 (2) of the Intellectual Property (Miscellaneous 
Amendments) Ordinance 2000, I appoint 1 Apri12001 as the day on which the 
Ordinance shall come into operation. 
9 February 2001 CHA U Tak~hay 
Secretary for Commerce and 
Industry