WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
0RGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IP/N/1/HKG/C/l 
20 March 2000 
(00-1126) 
Original: English/ 
anglais/ 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
HONG KONG, CHINA 
The present document reproduces the text' of the Copyright Ordinance, as notified by Hong 
Kong, China under Article 63.2 of the Agreement (see document IP/N/l/HKG/2). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
HONG KONG, CHINE 
Le present document contient le texte1 de l'Ordonnance sur le droit d'auteur, notifiee par 
Hong Kong, Chine au titre de !'article 63:2 de l'Accord (voir le document IP/N/l/HKG/2). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIP ALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PAilRAFO 2 DEL ARTICULO 63 DEL ACUERDO 
HONG KONG, CHINA 
En el presente documento se reproduce el texto1 de la Orden sabre el Derecho de Autor 
notificado por Hong Kong, China en virtud del parrafo 2 del articulo 63 del Acuerdo (vease el 
documento IP/N/l/HKG/2). 
1 In English only./En anglais seulement./En ingles solamente. IP/N/1/HKG/C/1 
Page 2 
Chapter: 528 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Long title Version Date: 30/06/1997 
An Ordinance to restate the law of copyright, with amendments; to make provision as to the rights of 
performers and others in performances; to make provision with respect to devices designed to 
circumvent copy-protection of works, with respect to rights management information and with respect 
to the fraudulent reception of transmissions; and for connected purposes. 
[The Ordinance, other than the 
definitions of "register", "Registrar" 
and "registration" in section 141(4), 
sections 142 to 149 and paragraph 5 of 
Schedule 4 } 
} 
} 
} 27 June 1997 92 of 1997 
Sections 142 to 144 25 July 1997 L.N. 406 of 1997] 
(Originally 92 of 1997) 
Chapter: 
Section: 528 
I Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Short title, commencement Version Date: 
and interpretation 
PART I 
PRELIMINARY 
(1) This Ordinance may be cited as the Copyright Ordinance. 30/06/1997 
(2) The following provisions shall come into operation on a day to be appointed by the Secretary for 
Trade and Industry by notice in the Gazette-
( a) the definitions of "register", "Registrar" and "registration" in section 141(4); 
(b) sections 142 to 149; 
(c) paragraph 5 of Schedule 4. 
(3) The tables showing the provisions defining expressions used in Part II and Part III are set out in 
sections 199 and 239 respectively. Chapter: 
Section: 528 
2 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Copyright and copyright 
works 
PART II 
COPYRIGHT 
DIVISION I Version Date: IP/N/1/HKG/C/1 
Page 3 
30/06/1997 
SUBSISTENCE, OWNERSHIP AND DURATION OF COPYRIGHT 
Introductory 
(1) Copyright is a property right which subsists in accordance with this Part in the following 
descriptions of work-
(a) original literary, dramatic, musical or artistic works; 
(b) sound recordings, films, broadcasts or cable programmes; and 
( c) the typographical arrangement of published editions. 
(2) In this Part "copyright work" means a work of any of those descriptions in which 
copyright subsists. 
(3) Copyright does not subsist in a work unless the requirements of this Part with respect to 
qualification for copyright protection are met (see section 177 and the provisions referred to there). 
Chapter: 
Section: 528 
3 Title: 
Heading: [cf. 1988 c. 48 s. 1 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Rights subsisting in 
copyright works Version Date: 30/06/1997 
(1) The owner of the copyright in a work of any description has the exclusive right to do the acts 
specified in Division II as the acts restricted by the copyright in a work of that description. 
(2) In relation to certain descriptions of copyright work the following rights conferred by Division IV 
(moral rights) subsist in favour of the author or director of the work, whether or not he is the owner of the 
copyright-
(a) section 89 (right to be identified as author or director); and 
(b) section 92 (right to object to derogatory treatment of work). 
[cf.1988c.48s.2U.K.] IP/N/1/HKG/C/1 
Page4 
Chapter: Title: COPYRIGHT ORDINANCE Gazette Number: 
Section: 528 
4 Heading: Literary, dramatic and Version Date: 30/06/1997 
musical works 
Descriptions of work and related provisions 
( 1) In this Part-
" dramatic work" includes a work of dance or mime; 
"literary work" means any work, other than a dramatic or musical work, which is written, 
spoken or sung, and accordingly includes-
(a) a compilation of data or other material, in any form, which by reason of the selection or 
arrangement of its contents constitutes an intellectual creation, including but not limiting to a 
table; 
(b) a computer program; and 
( c) preparatory design material for a computer program; 
"musical work" means a work consisting of music, exclusive of any words or action intended 
to be sung, spoken or performed with the music. 
(2) Copyright does not subsist in a literary, dramatic or musical work unless and until it is recorded, 
in writing or otherwise; and references in this Part to the time at which such a work is made are to the time 
at which it is so recorded. 
(3) It is immaterial for the purposes of subsection (2) whether the work is recorded by or with the 
permission of the author; and where it is not recorded by the author, nothing in that subsection affects the 
question whether copyright subsists in the record as distinct from the work recorded. 
[cf.1988c.48s.3U.K.] 
Chapter: 
Section: 528 
5 
In this Part-
"artistic work" means-Title: COPYRIGHT ORDINANCE Gazette Number: 
Heading: Artistic works Version Date: 30/06/1997 
(a) a graphic work, photograph, sculpture or collage, irrespective of artistic quality; 
(b) a work of architecture being a building or a model for a building; or 
( c) a work of artistic craftsmanship; 
"building" includes any fixed structure, and a part of a building or fixed structure; 
"graphic work" includes-
(a) any painting, drawing, diagram, map, chart or plan; and 
(b) any engraving, etching, lithograph, woodcut or similar work; 
"photograph" means a recording of light or other radiation on any medium on which an image is 
produced or from which an image may by any means be produced, and which is not part of a film; 
"sculpture" includes a cast or model made for purposes of sculpture. 
[ cf. 1988 c. 48 s. 4 U.K.] Chapter: 
Section: 528 
6 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: IP/N/1/HKG/C/1 
Page S 
Sound recordings Version Date: 30/06/1997 
(1) In this Part "sound recording" means-
(a) a recording of sounds, from which the sounds may be reproduced; or 
(b) a recording of the whole or any part of a literary, dramatic or musical work, from which 
sounds reproducing the work or part may be produced, 
regardless of the medium on which the recording is made or the method by which the sounds are 
reproduced or produced. 
(2) Copyright does not subsist in a sound recording which is, or to the extent that it is, a copy taken 
from a previous sound recording. 
Chapter: 
Section: 528 
7 Title: 
Heading: [cf. 1988 c. 48 s. SA U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Films Version Date: 30/06/1997 
(1) In this Part "film" means a recording on any medium from which a moving image may 
by any means be produced. 
(2) The sound-track accompanying a film is to be treated as part of the film for the purposes of this 
Part. 
(3) Without prejudice to the generality of subsection (2), where that subsection applies-
(a) references in this Part to showing a film include playing the film sound-track to accompany 
the film; and 
(b) references to playing a sound recording do not include playing the film sound-track to 
accompany the film. 
( 4) Copyright does not subsist in a film which is, or to the extent that it is, a copy taken from a 
previous film. 
[cf. 1988 c. 48 s. SB U.K.] IP/N/1/HKG/C/1 
Page 6 
Chapter: 
Section: 528 
8 Title: COPYRIGHT ORDINANCE Gazette Number: 
Heading: Broadcasts Version Date: 30/06/1997 
( 1) In this Part a "broadcast" means a transmission by wireless telegraphy of sounds or of 
visual images and sounds or of representations thereof which-
( a) is capable of being lawfully received by members of the public in Hong Kong or elsewhere; 
or 
(b) is transmitted for presentation to members of the public in Hong Kong or elsewhere, 
otherwise than through a service for making available to the public of copies of works or fixations of 
performances. 
(2) An encrypted transmission is regarded as capable of being lawfully received by members of the 
public in Hong Kong or elsewhere only if decoding equipment has been made available to members of the 
public in Hong Kong or elsewhere by or with the authority of the person making the transmission or the 
person providing the contents of the transmission. 
(3) References in this Part to the person making a broadcast, broadcasting a work, or including a 
work in a broadcast are-
( a) to the person transmitting the programme, if he has responsibility to any extent for its 
contents; and 
(b) to any person providing the programme who makes with the person transmitting it the 
arrangements necessary for its transmission, 
and references in this Part to a programme, in the context of broadcasting, are to any item included in a 
broadcast. 
(4) For the purposes of this Part the place from which a broadcast is made is the place where, under 
the control and responsibility of the person making the broadcast, the programme-carrying signals are 
introduced into an uninterrupted chain of communication (including, in the case of a satellite transmission, 
the chain leading to the satellite and down towards the earth). 
(5) References in this Part to the reception of a broadcast include reception of a broadcast relayed by 
means of a telecommunication system. 
(6) Copyright does not subsist in a broadcast which infringes, or to the extent that it infringes, the 
copyright in another broadcast or in a cable programme. 
[cf. 1988 c. 48 s. 6 U.K.] Chapter: 
Section: 
Remarks: 528 
9 Title: 
Heading: IP/N/1/HKG/C/1 
Page 7 
COPYRIGHT ORDINANCE Gazette Number: 22 of 1999 
Cable programmes Version Date: 01/07/1997 
Amendments retroactively made -see 22 of 1999 s. 3 
(1) In this Part-
" cable programme" means any item included in a cable programme service; 
"cable programme service" means a service which consists wholly or mainly in 
the lawful sending by any person, by means of a telecommunication system (whether run by himself 
or by any other person), of sounds, visual images, other information or any combination of them 
either-
(a) for lawful reception, otherwise than by wireless telegraphy, at 2 or more places in Hong 
Kong or elsewhere, whether they are so sent for simultaneous reception or at different times 
in response to requests made by different users of the service; or 
(b) for lawful reception, by whatever means, at a place in Hong Kong or elsewhere for the 
purposes of their being presented there either to members of the public or to any group of 
persons, 
and includes such a service that has as a component a multipoint microwave distribution system, but 
does not include the services excepted under subsection (2); 
"interconnection" includes interconnection that involves a change of technical characteristics, 
format or parameters; 
"sounds", for the purposes of the exclusion in subsection (2)(a), means speech or music or both 
except that they do not include, in relation to any telecommunication system, speech providing 
information for the purpose of facilitating the use of a telecommunication service provided by means 
of that system; 
"visual images", for the purposes of the exclusion in subsection (2)(a), means visual images which 
are such that sequences of them may be seen as moving pictures. 
(2) The following are excepted from the definition of "cable programme service"-
(a) a service (such as the services commonly known as video conferencing and video 
telephony) which consists wholly or mainly in the transmission of sounds or visual images or 
both by any person if it is an essential feature of the service that, while they are being 
transmitted, there will or may be transmitted from each place of reception, by means of the 
telecommunication system or (as the case may be) the pati of it by means of which they are 
transmitted, sounds or visual images or both for reception by that person; 
(b) a service for making available to the public of copies of works or fixations of performances, 
but excluding a service in which the transmission of moving visual representational images is 
an essential feature (such as the service commonly known as video-on-demand); 
( c) the running by a broadcaster of a telecommunication system in the case of which every 
transmission made by it is either-
(i) a transmission, by wireless telegraphy, from a transmitting station for general reception 
of sounds, visual images or signals serving for the impartation (whether as between 
persons and persons, things and things or persons and things) of any matter otherwise 
than in the form of sounds or visual images; or 
(ii) a transmission within a single set of premises of sounds, visual images or such signals 
which are to be or have been so transmitted; 
( d) the running of a telecommunication system in the case of which the only agency involved in 
the transmission of things thereby transmitted is light and the things thereby transmitted are 
so transmitted as to be capable of being received or perceived by the eye and without more; 
(e) the running by a person of a telecommunication system which is not connected to another 
telecommunication system and in the case of which all the apparatus comprised therein is 
situated either-
(i) on a single set of premises in single occupation ( other than a service operated as part IP/N/1/HKG/C/1 
Page 8 
of the amenities provided for residents or inmates of premises run as a business); or 
(ii) in a vehicle, vessel, aircraft or hovercraft or in 2 or more vehicles, vessels, aircraft or 
hovercraft mechanically coupled together; 
(f) the running by a single individual of a telecommunication system which is not connected to 
another telecommunication system and in the case of which-
(i) all the apparatus comprised therein is under his control; and 
(ii) everything transmitted by it that is speech, music and other sounds, visual images, 
signals serving for the impartation (whether as between persons and persons, things 
and things or persons and things) of any matter otherwise than in the form of sounds 
or visual images, or signals serving for the actuation or control of machinery or 
apparatus is transmitted solely for his domestic purposes, 
and references in paragraph (e) and this paragraph to another telecommunication system do 
not include references to such a system as is mentioned in paragraph (c) (whether run by a 
broadcaster or by any other person); or 
(g) in the case of a business carried on by a person, the running, for the purposes of the 
business, of a telecommunication system which is not connected to another 
telecommunication system and with respect to which the following conditions are satisfied-
(i) that no person except the person carrying on the business is concerned in the control 
of the apparatus comprised in the system; 
(ii) that nothing that is speech, music and other sounds, visual images, signals serving for 
the impartation (whether as between persons and persons, things and things or persons 
and things) of any matter otherwise than in the form of sounds or visual images, or 
signals serving for the actuation or control of machinery or apparatus is transmitted by 
the system by way of rendering a service to another; 
(iii) that, in so far as sounds or visual images are transmitted by the system, they are not 
transmitted for the purpose of their being heard or seen by persons other than the 
person carrying on the business or any employees of his engaged in the conduct 
thereof; 
(iv) that, in so far as signals serving for the impartation (whether as between persons and 
persons, things and things or persons and things) of any matter otherwise than in the 
form of sounds or visual images are transmitted by the system, they are not 
transmitted for the purpose of imparting matter otherwise than to the person carrying 
on the business, any employees of his engaged in the conduct thereof or things used in 
the course of the business and controlled by him; and 
(v) that, in so far as signals of speech, music and other sounds are transmitted by the 
system, they are not transmitted for the purpose of actuating or controlling machinery 
or apparatus used otherwise than in the course of the business. 
(3) The Chief Executive in Council may by order amend subsection (2) so as to remove exceptions, 
subject to such transitional provision as appears to him to be appropriate. (Amended 22 of 1999 s. 3) 
(4) References in this Part to the inclusion of a cable programme or work in a cable programme 
service are to its transmission as part of the service; and references to the person including it are to the 
person providing the service. 
(5) Copyright does not subsist in a cable programme if-
(a) it is included in a cable programme service by reception and immediate re-transmission of a 
broadcast; or 
(b) it infringes, or to the extent that it infringes, the copyright in another cable programme or in 
a broadcast. 
[cf. 1988 c. 48 s. 7 U.K. & 1956 c. 74 s. 14A U.K.] Chapter: 
Section: 528 
10 Title: 
Heading: IP/N/1/HKG/C/1 
Page 9 
COPYRIGHT ORDINANCE Gazette Number: 
Published editions Version Date: 30/06/1997 
( 1) In this Part "published edition", in the context of copyright in the typographical 
arrangement of a published edition, means a published edition of the whole or any part of one or more 
literary, dramatic or musical works. 
(2) Copyright does not subsist in the typographical arrangement of a published edition if, or to the 
extent that, it reproduces the typographical arrangement of a previous edition. 
Chapter: 
Section: 528 
11 Title: 
Heading: [ cf. 1988 c. 48 s. 8 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Authorship of work Version Date: 30/06/1997 
Authorship and ownership of copyright 
(1) In this Part "author", in relation to a work, means the person who creates it. 
(2) That person is taken to be-
(a) in the case of a sound recording, the producer; 
(b) in the case of a film, the producer and the principal director; 
(c) in the case of a broadcast, the person making the broadcast (see section 8(3)) or, in the case 
of a broadcast which relays another broadcast by reception and immediate re-transmission, 
the person making that other broadcast; 
( d) in the case of a cable programme, the person providing the cable programme service in 
which the programme is included; 
( e) in the case of the typographical arrangement of a published edition, the publisher. 
(3) In the case of a literary, dramatic, musical or artistic work which is computer-generated, the 
author is taken to be the person by whom the arrangements necessary for the creation of the work are 
undertaken. 
( 4) For the purposes of this Part a work is of "unknown authorship" if the identity of the author is 
unknown or, in the case ofa work of joint authorship, if the identity of none of the authors is known. 
(5) For the purposes of this Part the identity of an author is regarded as unknown if it is not possible 
for a person to ascertain his identity by reasonable inquiry; but if his identity is once known it shall not 
subsequently be regarded as unknown. 
[cf. 1988 c. 48 s. 9 U.K.] IP/N/1/HKG/C/1 
Page 10 
Chapter: 
Section: 528 
12 Title: COPYRIGHT ORDINANCE Gazette Number: 
Heading: Works of joint authorship Version Date: 30/06/1997 
(1) In this Part a "work of joint authorship" means a work made by the collaboration 
of 2 or more authors in which the contribution of each author is not distinct from that of the other author or 
authors. 
(2) A film is treated as a work of joint authorship unless the producer and the principal director are 
the same person. 
(3) A broadcast is treated as a work of joint authorship in a case where more than one person is to 
be taken as making the broadcast (section 8(3)). 
( 4) References in this Part to the author of a work are, except as otherwise provided, construed in 
relation to a work of joint authorship as references to all the authors of the work. 
Chapter: 
Section: 528 
13 Title: 
Heading: [cf. 1988 c. 48 s. 10 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
First ownership of 
copyright Version Date: 30/06/1997 
The author of a work is the first owner of any copyright in it, subject to sections 14, 15 and 16. 
Chapter: 
Section: 528 
14 Title: 
Heading: [cf. 1988 c. 48 s. 11(1) U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Employee works Version Date: 30/06/1997 
(1) Where a literary, dramatic, musical or artistic work, or a film, is made by an employee in the 
course of his employment, his employer is the first owner of any copyright in the work subject to-
( a) any agreement to the contrary; and 
(b) subsection (2). 
(2) Subject to any agreement to the contrary, where such work is exploited by his employer or by 
someone else with the employer's permission in a way that could not reasonably have been contemplated by 
the employer and the employee at the time of making the work, the employer shall pay an award to the 
employee in respect of such exploitation at such amount as agreed between the employer and the employee 
or failing an agreement, as determined by the Copyright Tribunal. 
[cf. 1988 c. 48 s. 11(2) U.K.] Chapter: 
Section: 528 
15 Title: 
Heading: IP/N/1/HKG/C/1 
Page 11 
COPYRIGHT ORDINANCE Gazette Number: 
Commissioned works Version Date: 30/06/1997 
( 1) Where a work is made on the commission of a person and there is an agreement between the 
author and the commissioner of the work which expressly provides for the entitlement to the copyright, 
copyright in the commissioned work belongs to the person who is entitled to the copyright under the 
agreement. 
(2) Notwithstanding subsection (1) and sections 13 and 103, the person who commissioned the 
work-
Chapter: 
Section: (a) has an exclusive licence to exploit the commissioned work for all purposes that could 
reasonably have been contemplated by the author and the person who commissioned the 
work at the time the work was commissioned; and 
(b) has the power to restrain any exploitation of the commissioned work for any purpose against 
which he could reasonably take objection. 
528 
16 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Government copyright, etc. Version Date: 30/06/1997 
Sections 13, 14 and 15 do not apply to Government copyright or Legislative Council copyright (see 
sections 182 and 184) or to copyright which subsists by virtue of section 188 (copyright of certain 
international organizations). IP/N/1/HKG/C/l 
Page 12 
Chapter: 
Section: 528 
17 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Duration of copyright in 
literary, dramatic, 
musical or artistic works Version Date: 30/06/1997 
Expanded Cross Reference: 
Sections 182, 183, 184 
Duration of copyright 
(1) The following provisions have effect with respect to the duration of copyright in a literary, 
dramatic, musical or artistic work. 
(2) Copyright expires at the end of the period of 50 years from the end of the calendar year in which 
the author dies, subject as follows. 
(3) If the work is of unknown authorship, copyright expires-
( a) at the end of the period of 50 years from the end of the calendar year in which the work 
was first made; or 
(b) if during that period the work is made available to the public, at the end of the period of 50 
years from the end of the calendar year in which it is first so made available, 
subject as follows. 
( 4) Subsection (2) applies if the identity of the author becomes known before the end of the period 
specified in subsection (3)(a) or (b). 
(5) For the purposes of subsection (3) making available to the public includes­
(a) in the case of a literary, dramatic or musical work-
(i) performance in public; or 
(ii) being broadcast or included in a cable programme service; 
(b) in the case of an artistic work-
(i) exhibition in public; 
(ii) a film including the work being shown in public; or 
(iii) being included in a broadcast or cable programme service; 
( c) making available of copies of a work to the public within the meaning of section 26, 
but in determining generally for the purposes of that subsection whether a work has been made available to 
the public no account is to be taken of any unauthorized act. 
(6) If the work is computer-generated the above provisions do not apply and copyright expires at the 
end of the period of 50 years from the end of the calendar year in which the work was made. 
(7) The provisions of this section are adapted as follows in relation to a work of joint authorship­
(a) the reference in subsection (2) to the death of the author is to be construed-
(i) if the identity of all the authors is known, as a reference to the death of the last of 
them to die; and 
(ii) if the identity of one or more of the authors is known and the identity of one or more 
others is not, as a reference to the death of the last whose identity is known; and 
(b) the reference in subsection (4) to the identity of the author becoming known is to be 
construed as a reference to the identity of any of the authors becoming known. 
(8) This section does not apply to Government copyright or Legislative Council copyright (see 
sections 182 to 184) or to copyright which subsists by virtue of section 188 ( copyright of certain 
international organizations). <* Note-Exp. X-Ref.: Sections 182, 183, 184*> 
[cf. 1988 c. 48 s. 12 U.K.] Chapter: 
Section: 528 
18 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: IP/N/1/HKG/C/1 
Page 13 
Duration of copyright in Version Date: 30/06/1997 
sound recordings 
(1) The following provisions have effect with respect to the duration of copyright in a sound 
recording. 
(2) Copyright expires-
( a) at the end of the period of 50 years from the end of the calendar year in which it is made; or 
(b) if during that period it is released, 50 years from the end of the calendar year in which it is 
released, 
subject as follows. 
(3) For the purposes of subsection (2) a sound recording is "released" when it is first published, 
played in public, broadcast or included in a cable programme service; but in determining whether a sound 
recording has been released no account is to be taken of any unauthorized act. 
Chapter: 
Section: 528 
19 Title: 
Heading: [cf. 1988 c. 48 s. 13A U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Duration of copyright in 
films Version Date: 30/06/1997 
( 1) The following provisions have effect with respect to the duration of copyright in a film. 
(2) Copyright expires at the end of the period of 50 years from the end of the calendar year in which 
the death occurs of the last to die of the following persons­
( a) the principal director; 
(b) the author of the screenplay; 
(c) the author of the dialogue; or 
( d) the composer of music specially created for and used in the film, 
subject as follows. 
(3) If the identity ofone or more of the persons referred to in subsection (2)(a) to (d) is known and 
the identity of one or more others is not, the reference in that subsection to the death of the last of them to 
die is to be construed as a reference to the death of the last whose identity is known. 
(4) If the identity of the persons referred to in subsection (2)(a) to (d) is unknown, copyright expires 
at-
(a) the end of the period of 50 years from the end of the calendar year in which the film was 
made; or 
(b) if during that period the film is made available to the public, at the end of the period of 50 
years from the end of the calendar year in which it is first so made available. 
(5) Subsections (2) and (3) apply if the identity of any of those persons becomes known before the 
end of the period specified in subsection (4)(a) or (b). 
(6) For the purposes of subsection ( 4) making available to the public includes­
(a) showing in public; 
(b) making available of copies of a work to the public within the meaning of section 26; or 
( c) being broadcast or included in a cable programme service, 
but in determining generally for the purposes of that subsection whether a film has been made available to 
the public no account is to be taken of any unauthorized act. 
(7) If in any case there is no person falling within subsection (2)(a) to (d) the above provisions do not 
apply and copyright expires at the end of the period of 50 years from the end of the calendar year in which 
the film was made. 
(8) For the purposes of this section the identity of any of the persons referred to in subsection (2)(a) 
to (d) is to be regarded as unknown if it is not possible for a person to ascertain his identity by reasonable 
inquiry; but if the identity of any such person is once known it shall not subsequently be regarded as 
unknown. 
[cf. 1988 c. 48 s. 13B U.K.] IP/N/1/HKG/C/1 
Page 14 
Chapter: 
Section: 528 
20 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Duration of copyright in 
broadcasts and cable 
programmes Version Date: 30/06/1997 
(1) The following provisions have effect with respect to the duration of copyright in a broadcast or 
cable programme. 
(2) Copyright in a broadcast or cable programme expires at the end of the period of 50 years from 
the end of the calendar year in which the broadcast was made or the programme was included in a cable 
programme service, subject as follows. 
(3) Copyright in a repeat broadcast or cable programme expires at the same time as the copyright in 
the original broadcast or cable programme; and accordingly no copyright arises in respect of a repeat 
broadcast or cable programme which is broadcast or included in a cable programme service after the expiry 
of the copyright in the original broadcast or cable programme. 
( 4) A repeat broadcast or cable programme means one which is a repeat either of a broadcast 
previously made or of a cable programme previously included in a cable programme service. 
Chapter: 
Section: 528 
21 Title: 
Heading: [cf. 1988 c. 48 s. 14 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Duration of copyright in Version Date: 30/06/1997 
typographical arrangement 
of published editions 
Copyright in the typographical arrangement of a published edition expires at the end of the period of 
25 years from the end of the calendar year in which the edition was first published. 
[cf. 1988 c. 48 s. 15 U.K.] Chapter: 
Section: 528 
22 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
The acts restricted by 
copyright in a work 
DIVISION II Version Date: 
RIGHTS OF COPYRIGHT OWNER 
The acts restricted by copyright IP/N/1/HKG/C/l 
Page 15 
30/06/1997 
(1) The owner of the copyright in a work has, in accordance with the following provisions of this 
Division, the exclusive right to do the following acts in Hong Kong­
(a) to copy the work (see section 23); 
(b) to issue copies of the work to the public (see section 24); 
( c) where the work is a computer program or sound recording, to rent copies of the work to the 
public (see section 25); 
(d) to make available copies of the work to the public (see section 26); 
(e) to perform, show or play the work in public (see section 27); 
(f) to broadcast the work or include it in a cable programme service (see section 28); 
(g) to make an adaptation of the work or do any of the above in relation to an adaptation (see 
section 29), 
and those acts are referred to in this Part as the "acts restricted by the copyright". 
(2) Copyright in a work is infringed by a person who without the licence of the copyright owner 
does, or authorizes another to do, any of the acts restricted by the copyright. 
(3) References in this Part to the doing of an act restricted by the copyright in a work are to the 
doing of it-
(a) in relation to the work as a whole or any substantial part of it; and 
(b) either directly or indirectly, 
and it is immaterial whether any intervening acts themselves infringe copyright. 
(4) This Division has effect subject to-
(a) the provisions of Division III (acts permitted in relation to copyright works); and 
(b) the provisions of Division VIII (provisions with respect to copyright licensing). 
[cf. 1988 c. 48 s. 16 U.K.] IP/N/1/HKG/C/1 
Page 16 
Chapter: 
Section: 528 
23 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Infringement of copyright Version Date: 
by copying 30/06/1997 
(1) The copying of the work is an act restricted by the copyright in every description of copyright 
work; and references in this Part to copying and copies are construed as follows. 
(2) Copying of a work means reproducing the work in any material form. This includes storing the 
work in any medium by electronic means. 
(3) In relation to an artistic work copying includes the making of a copy in 3 dimensions of a 
2-dimensional work and the making of a copy in 2 dimensions of a 3-dimensional work. 
( 4) Copying in relation to a film, television broadcast or cable programme includes making a 
photograph of the whole or any substantial part of any image forming part of the film, broadcast or cable 
programme. 
(5) Copying in relation to the typographical arrangement of a published edition means making a 
facsimile copy of the arrangement. 
(6) Copying in relation to any description of work includes the making of copies which are transient 
or are incidental to some other use of the work. 
Chapter: 
Section: 528 
24 Title: 
Heading: [cf. 1988 c. 48 s. 17 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Infringement by issue of 
copies to the public Version Date: 30/06/1997 
(1) The issue of copies of the work to the public is an act restricted by the copyright in every 
description of copyright work. 
(2) References in this Part to the issue of copies of a work to the public are to the act of putting into 
circulation copies not previously put into circulation, in Hong Kong or elsewhere, by or with the consent of 
the copyright owner. 
(3) References in this Part to the issue of copies of a work to the public do not include-
(a) any subsequent distribution, sale, hiring or loan of copies previously put into circulation (but 
see section 25: infringement by rental); or 
(b) any subsequent importation of those copies into Hong Kong. 
( 4) References in this Part to the issue of copies of a work include the issue of the original and the 
issues of copies in electronic form. 
[cf. 1988 c. 48 s. 18 U.K.] Chapter: 
Section: 528 
25 Title: 
Heading: IP/N/1/HKG/C/1 
Page 17 
COPYRIGHT ORDINANCE Gazette Number: 
Infringement by rental of Version Date: 30/06/1997 
work to the public 
(1) The rental of copies of the work to the public is an act restricted by the copyright in a computer 
program or a sound recording. 
(2) In this Part, subject to the following provisions of this section, "rental" means making a 
copy of the work available for use, on terms that it will or may be returned, for direct or indirect economic 
or commercial advantage. 
(3) The expression "rental" does not include-
(a) making available for the purpose of public performance, playing or showing in public, 
broadcasting or inclusion in a cable programme service; 
(b) making available for the purpose of exhibition in public; or 
(c) making available for on-the-spot reference use. 
( 4) References in this Part to the rental of copies of a work include the rental of the original. 
Chapter: 
Section: 528 
26 Title: 
Heading: [cf. 1988 c. 48 s. 18A U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Infringement by making 
available of copies to the 
public Version Date: 30/06/1997 
(1) The making available of copies of the work to the public is an act restricted by copyright in every 
description of copyright work. 
(2) References in this Part to the making available of copies of a work to the public are to the 
making available of copies of the work, by wire or wireless means, in such a way that members of the 
public in Hong Kong or elsewhere may access the work from a place and at a time individually chosen by 
them (such as the making available of copies of works through the service commonly known as the 
INTERNET). 
(3) References in this Part to the making available of copies of a work to the public include the 
making available of the original. 
( 4) The mere provision of physical facilities for enabling the making available of copies of works to 
the public does not of itself constitute an act of making available of copies of works to the public. IP/N/1/HKG/C/1 
Page 18 
Chapter: 
Section: 528 
27 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Infringement by Version Date: 30/06/1997 
performance, playing or 
showing of work in public 
(l) The performance of the work in public is an act restricted by the copyright in a literary, dramatic 
or musical work. 
(2) In this Part "performance", in relation to a work-
(a) includes delivery in the case of lectures, addresses, speeches and sermons; and 
(b) in general, includes any mode of visual or acoustic presentation, including presentation by 
means of a sound recording, film, broadcast or cable programme of the work. 
(3) The playing or showing of the work in public is an act restricted by the copyright in a sound 
recording, film, broadcast or cable programme. 
( 4) Where copyright in a work is infringed by its being performed, played or shown in public by 
means of apparatus for receiving visual images or sounds transmitted by electronic means, the person by 
whom the visual images or sounds are sent, and in the case of a performance the performers, shall not be 
regarded as responsible for the infringement. 
Chapter: 
Section: 528 
28 Title: 
Heading: [cf. 1988 c. 48 s. 19 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Infringement by Version Date: 30/06/1997 
broadcasting or inclusion 
in a cable programme 
service 
The broadcasting of the work or its inclusion in a cable programme service is an act restricted by the 
copyright in-
( a) a literary, dramatic, musical or artistic work; 
(b) a sound recording or film; or 
( c) a broadcast or cable programme. 
[cf. 1988 c. 48 s. 20 U.K.] Chapter: 
Section: 528 
29 Title: 
Heading: IP/N/1/HKG/C/1 
Page 19 
COPYRIGHT ORDINANCE Gazette Number: 
Infringement by making 
adaptation or act done in 
relation to adaptation Version Date: 30/06/1997 
Expanded Cross Reference: 
Sections23,24,25,26,27,28 
(1) The making of an adaptation of the work is an act restricted by the copyright in a literary, 
dramatic or musical work. For this purpose an adaptation is made when it is recorded, in writing or 
otherwise. 
(2) The doing of any of the acts specified in sections 23 to 28, or subsection (1 ), in relation to an 
adaptation of the work is also an act restricted by the copyright in a literary, dramatic or musical work. For 
this purpose it is immaterial whether the adaptation has been recorded, in writing or otherwise, at the time 
the act is done. <* Note-Exp. X-Ref.: Sections 23, 24, 25, 26, 27, 28*> 
(3) In this Part "adaptation"-
(a) in relation to a literary work, other than a computer program, or dramatic work, means-
(i) a translation of the work; 
(ii) a version of a dramatic work in which it is converted into a non-dramatic work or, as 
the case may be, of a non-dramatic work in which it is converted into a dramatic 
work; 
(iii) a version of the work in which the story or action is conveyed wholly or mainly by 
means of pictures in a form suitable for reproduction in a book, or in a newspaper, 
magazine or similar periodical; 
(b) in relation to a computer program, means an arrangement or altered version of the program 
or a translation of it; 
(c) in relation to a musical work, means an arrangement or transcription of the work. 
(4) In relation to a computer program a "translation" includes a version of the program in 
which it is converted into or out of a computer language or code or into a different computer language or 
code. 
(5) No inference is to be drawn from this section as to what does or does not amount to copying a 
work. 
Chapter: 
Section: 528 
30 Title: 
Heading: [cf. 1988 c. 48 s. 21 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Secondary infringement: 
importing or exporting 
infringing copy Version Date: 
Secondary infringement of copyright 30/06/1997 
The copyright in a work is infringed by a person who, without the licence of the copyright owner, 
imports into Hong Kong or exports from Hong Kong, otherwise than for his private and domestic use, a 
copy of the work which is, and which he knows or has reason to believe to be, an infringing copy of the 
work. 
[cf. 1988 c. 48 s. 22 U.K.] IP/N/1/HKG/C/1 
Page 20 
Chapter: 
Section: 528 
31 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Secondary infringement: Version Date: 30/06/1997 
possessing or dealing with 
infringing copy 
The copyright in a work is infringed by a person who, without the licence of the copyright owner­
( a) possesses for the purpose of trade or business; 
(b) sells or lets for hire, or offers or exposes for sale or hire; 
( c) for the purpose of trade or business, exhibits in public or distributes; or 
(d) distributes otherwise than for the purpose of trade or business to such an extent as to affect 
prejudicially the owner of the copyright, 
a copy of a work which is, and which he knows or has reason to believe to be, an infringing copy of the 
work. 
Chapter: 
Section: 528 
32 Title: 
Heading: [cf. 1988 c. 48 s. 23 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Secondary infringement: Version Date: 30/06/1997 
providing means for making 
infringing copies 
(1) Copyright in a work is infringed by a person who, without the licence of the copyright owner­
( a) makes; 
(b) imports into Hong Kong or exports from Hong Kong; 
( c) possesses for the purpose of trade or business; or 
( d) sells or lets for hire, or offers or exposes for sale or hire, 
an article specifically designed or adapted for making copies of that work, knowing or having reason to 
believe that it is to be used to make infringing copies. 
(2) Copyright in a work is infringed by a person who, without the licence of the copyright owner, 
transmits the work by means of a telecommunications system (otherwise than by broadcasting or inclusion 
in a cable programme service), knowing or having reason to believe that infringing copies of the work will be 
made by means of the reception of the transmission in Hong Kong or elsewhere. 
Chapter: 
Section: 528 
33 Title: 
Heading: [ cf. 1988 c. 48 s. 24 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Secondary infringement: Version Date: 30/06/1997 
permitting use of premises 
for infringing performance 
(1) Where the copyright in a work is infringed by a performance at a place of public entertainment, 
any person who gave permission for that place to be used for the performance is also liable for the 
infringement unless when he gave permission he believed on reasonable grounds that the performance would 
not infringe copyright. 
(2) In this section "place of public entertainment" includes premises which are 
occupied mainly for other purposes but are from time to time made available for hire for the purposes of 
public entertainment. 
[cf. 1988 c. 48 s. 25 U.K.] Chapter: 
Section: 528 
34 Title: 
Heading: IP/N/1/HKG/C/1 
Page 21 
COPYRIGHT ORDINANCE Gazette Number: 
Secondary infringement: Version Date: 30/06/1997 
provision of apparatus for 
infringing performance, etc. 
(1) Where copyright in a work is infringed by a public performance of the work, or by the playing or 
showing of the work in public, by means of apparatus for­
( a) playing sound recordings; 
(b) showing films; or 
( c) receiving visual images or sounds transmitted by electronic means, 
the persons specified in subsections (2) to ( 4) are also liable for the infringement. 
(2) A person who supplied the apparatus, or any substantial part of it, is liable for the infringement if 
when he supplied the apparatus or part-
(a) he knew or had reason to believe that the apparatus was likely to be so used as to infringe 
copyright; or 
(b) in the case of apparatus whose normal use involves a public performance, playing or 
showing, he did not believe on reasonable grounds that it would not be so used as to infringe 
copyright. 
(3) An occupier of premises who gave permission for the apparatus to be brought onto the premises 
is liable for the infringement if when he gave permission he knew or had reason to believe that the apparatus 
was likely to be so used as to infringe copyright. 
( 4) A person who supplied a copy of a sound recording or film used to infringe copyright is liable for 
the infringement if when he supplied it he knew or had reason to believe that what he supplied, or a copy 
made directly or indirectly from it, was likely to be so used as to infringe copyright. 
[cf. 1988 c. 48 s. 26 U.K.] IP/N/1/HKG/C/1 
Page 22 
Chapter: 
Section: 528 
35 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Meaning of "infringing 
copy" Version Date: 30/06/1997 
Expanded Cross Reference: 
Sections 118,119,120,121,122,123,124,125,126,127,128,129,130,131,132,133 
Infringing copy 
(1) In this Part "infringing copy", in relation to a copyright work, is to be 
construed in accordance with this section. 
(2) A copy of a work is an infringing copy if its making constituted an infringement of the copyright 
in the work in question. 
(3) A copy of a work other than a copy of an accessory work is also an infringing copy if­
(a) it has been or is proposed to be imported into Hong Kong; and 
(b) its making in Hong Kong would have constituted an infringement of the copyright in the 
work in question, or a breach of an exclusive licence agreement relating to that work. 
(4) For the purposes of sections 118 to 133 (criminal provisions) "infringing copy" 
does not include a copy of a work-<* Note-Exp. X-Ref.: Sections 118, 119, 120, 121, 122, 123, 
124, 125, 126, 127, 128, 129, 130, 131, 132, 133*> 
(a) that was lawfully made in the country, territory or area where it was made; 
(b) that has been or is proposed to be imported into Hong Kong at any time after the expiration 
of 18 months beginning on the first day of publication of the work in Hong Kong or 
elsewhere; and 
( c) its making in Hong Kong would have constituted an infringement of the copyright in the 
work in question, or a breach of an exclusive licence agreement relating to that work, 
or a copy of an accessory work-
(i) that was lawfully made in the country, territory or area where it was made; 
(ii) that has been or is proposed to be imported into Hong Kong; and 
(iii) its making in Hong Kong would have constituted an infringement of the copyright in the 
work in question, or a breach of an exclusive licence agreement relating to that work. 
(5) For the purposes of Division VII (proceedings relating to importation of infringing articles), "i 
nfringing copy" does not include a copy of a work or a copy of an accessory work-
(a) that was lawfully made in the country, territory or area where it was made; 
(b) that has been or is proposed to be imported into Hong Kong; and 
( c) its making in Hong Kong would have constituted an infringement of the copyright in the 
work in question, or a breach of an exclusive licence agreement relating to that work. 
(6) Where in any proceedings the question arises whether a copy of a work is an infringing copy and 
it is shown-
(a) that it is a copy of the work; and 
(b) that copyright subsists in the work or has subsisted at any time, 
it shall be presumed until the contrary is proved that the copy was made at a time when copyright subsisted 
in the work. 
(7) In this Pat1 "infringing copy" includes a copy which is to be treated as an 
infringing copy by virtue of any of the following provisions-
section 41(5) (copies made for purposes of instruction or examination); 
section 44(3) (recordings made by educational establishments for educational purposes); 
section 45(3) (reprographic copying by educational establishments for purposes of instruction); 
section 46(4)(b) (copies made by librarian or archivist in reliance on false declaration); 
section 64(2) (further copies, adaptations, etc. of work in electronic form retained on transfer of 
principal copy); 
section 72(2) (copies made for purpose of advertising artistic work for sale); or 
section 77( 4) ( copies made for purpose of broadcast or cable programme). IP/N/1/HKG/C/1 
Page 23 
(8) For the purpose of subsections (3), ( 4) and (5), "accessory work" means a work 
incorporated in or consisting of-
( a) a label affixed to, or displayed on, an article; 
(b) the packaging or container in which an article is packaged or contained; 
( c) a label affixed to, or displayed on, the packaging or container in which an article is packaged 
or contained; 
( d) a written instruction, warranty or other information incidental to an article and provided with 
the article on its sale; or 
( e) an instructional sound recording or film incidental to an article and provided with the article 
on its sale, 
and the economic value of the article (inclusive of the label, packaging, container, instruction, warranty, 
other information, sound recording or film, as the case may be) is not predominantly attributable to the 
economic value of the work. 
(9) For the purpose of subsections (4) and (5), "lawfully made" does not include 
the making of a copy of a work in a country, territory or area where there is no law protecting copyright in 
the work or where the copyright in the work has expired. 
[cf. 1988 c. 48 s. 27 U.K.] IP/N/1/HKG/C/1 
Page 24 
Chapter: 
Section: 528 
36 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Defences for the purposes of Version Date: 
sections 30 and 31 
Defences 30/06/1997 
(1) For the purposes of sections 30 and 31 and for the avoidance of doubt, it is declared that if in an 
action for infringement of copyright under section 30 or 31 in respect of a copy of a work which is an 
infringing copy by virtue only of section 35(3), the defendant proves that-
(a) he had made reasonable enquiries sufficient to satisfy himself that the copy of the work 
imported or proposed to be imported into Hong Kong was not an infringing copy of the 
work; 
(b) he had reasonable grounds to be satisfied in the circumstances of the case that the copy was 
not an infringing copy; and 
(c) there were no other circumstances which would have led him reasonably to suspect that the 
copy was an infringing copy, 
he has proved that he did not have reason to believe that the copy was an infringing copy. 
(2) In determining whether a defendant has proved under subsection (1) that he did not have reason 
to believe that the copy was an infringing copy of the work, the court may have regard to, including but not 
limited to, the following-
( a) whether he had made enquiries with a relevant trade body in respect of that category of 
work; 
(b) whether he had given any notice drawing attention of the copyright owner or exclusive 
licensee to his interest to import and to sell the copy of the work; 
( c) whether he had complied with any code of practice that may exist in respect of the supply of 
that category of work; 
(d) whether the response, if any, to those enquiries made by the defendant was reasonable and 
timely; 
( e) whether he was provided with the name, address and contact details of the copyright owner 
or exclusive licensee (as the case may be); 
(f) whether he was provided with the date of first day of publication of the work; 
(g) whether he was provided with proof of any relevant exclusive licence. 
(3) In an action against a person for infringement of copyright under section 30 or 31, it is a defence 
for that person to prove that-
( a) he had placed an order with the copyright owner or the exclusive licensee, as the case may 
be, for the supply of copies of the work; 
(b) the person with whom he placed the order had acted unconscionably by either withholding 
supply on unreasonable grounds or by agreeing to supply on unreasonable terms; and 
(c) the import took place after that unconscionable act by the copyright owner or exclusive 
licensee and after the expiration of the period referred to in section 35(4)(b). 
(4) In determining whether the copyright owner or exclusive licensee had acted unconscionably, the 
court shall take into consideration the established practices of the particular trade for the orderly distribution 
of copies of that category of work and, in particular, whether the order, if fulfilled, would conflict with a 
normal exploitation of the work by the copyright owner or the exclusive licensee, or would unreasonably 
prejudice the legitimate interests of the copyright owner or exclusive licensee. 
(5) In determining whether supply is withheld on "unreasonable grounds" or whether the agreement 
to supply is on "unreasonable terms" the court shall have regard to the reasonable requirements of the 
particular trade or particular public, including but not limited to price and delivery times, the practice of the 
trade with existing stocks in Hong Kong, the practice of the trade generally for the product in its particular 
medium, category or language, the size of the order, enquiries made and whether or not any person has 
previously had unfulfilled orders with the particular supplier. Chapter: 
Section: 528 
37 Title: 
Heading: IP/N/1/HKG/C/1 
Page 25 
COPYRIGHT ORDINANCE Gazette Number: 
Introductory provisions Version Date: 30/06/1997 
DIVISION III 
ACTS PERMITTED IN RELATION TO COPYRIGHT WORKS 
Introductory 
(1) The provisions of this Division specify acts which may be done in relation to copyright works 
notwithstanding the subsistence of copyright; they relate only to the question of infringement of copyright 
and do not affect any other right or obligation restricting the doing of any of the specified acts. 
(2) Where it is provided by this Division that an act does not infringe copyright, or may be done 
without infringing copyright, and no particular description of copyright work is mentioned, the act in 
question does not infringe the copyright in a work of any description. 
(3) In determining whether an act specified in this Division may be done in relation to a copyright 
work notwithstanding the subsistence of copyright, the primary consideration is that the act does not conflict 
with a normal exploitation of the work by the copyright owner and does not unreasonably prejudice the 
legitimate interests of the copyright owner. 
(4) No inference is to be drawn from the description of any act which may by virtue of this Division 
be done without infringing copyright as to the scope of the acts restricted by the copyright in any description 
of work. 
(5) The provisions of this Division are to be construed independently of each other, so that the fact 
that an act does not fall within one provision does not mean that it is not covered by another provision. 
Chapter: 
Section: 528 
38 Title: 
Heading: [ cf. 1988 c. 48 s. 28 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Research and private study Version Date: 30/06/1997 
General 
(1) Fair dealing with a work of any description for the purposes of research or private study does not 
infringe any copyright in the work or, in the case of a published edition, in the typographical arrangement. 
(2) Copying by a person other than the researcher or student himself is not fair dealing if-
(a) in the case of a librarian, or a person acting on behalf of a librarian, he does anything which 
regulations under section 49 would not permit to be done under section 47 or 48 (articles or 
parts of published works: restriction on multiple copies of same material); or 
(b) in any other case, the person doing the copying knows or has reason to believe that it will 
result in copies of substantially the same material being provided to more than one person at 
substantially the same time and for substantially the same purpose. 
(3) In determining whether any dealing with a work of any description is fair dealing, the factors to 
be considered include-
( a) the purpose and nature of the dealing; 
(b) the nature of the work; and 
( c) the amount and substantiality of the portion dealt with in relation to the work as a whole. 
[cf. 1988 c. 48 s. 29 U.K.] IP/N/1/HKG/C/1 
Page 26 
Chapter: 
Section: 528 
39 Title: COPYRIGHT ORDINANCE Gazette Number: 
Heading: Criticism, review and news Version Date: 30/06/1997 
reporting 
(1) Fair dealing with a work for the purpose of criticism or review, of that or another work or of a 
performance of a work, if it is accompanied by a sufficient acknowledgement, does not infringe any 
copyright in the work or, in the case of a published edition, in the typographical arrangement. 
(2) Fair dealing with a work for the purpose of reporting current events, if (subject to subsection (3)) 
it is accompanied by a sufficient acknowledgement, does not infringe any copyright in the work. 
(3) No acknowledgement is required in connection with the reporting of current events by means of 
a sound recording, film, broadcast or cable programme. 
Chapter: 
Section: 528 
40 Title: 
Heading: [ cf. 1988 c. 48 s. 30 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Incidental inclusion of 
copyright material Version Date: 30/06/1997 
( 1) Copyright in a work is not infringed by its incidental inclusion in an artistic work, sound 
recording, film, broadcast or cable programme. 
(2) The copyright is also not infringed by the issue or making available to the public of copies, or the 
playing, showing, broadcasting or inclusion in a cable programme service, of anything whose making was, 
by virtue of subsection (1 ), not an infringement of the copyright. 
(3) A musical work, words spoken or sung with music, or so much of a sound recording, broadcast 
or cable programme as includes a musical work or such words, is not regarded as incidentally included in 
another work if it is deliberately included. 
Chapter: 
Section: 528 
41 Title: 
Heading: [cf. 1988 c. 48 s. 31 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Things done for purposes of Version Date: 
instruction or examination 
Education 30/06/1997 
(1) Copyright in a literary, dramatic, musical or artistic work is not infringed by its being copied, to a 
reasonable extent, in the course of instruction or of preparation for instruction, if the copying-
(a) is done by a person giving or receiving instruction; and 
(b) is not by means of a reprographic process. 
(2) Copyright in a sound recording, film, broadcast or cable programme is not infringed by its being 
copied by making a film or film sound-track in the course of instruction, or of preparation for instruction, in 
the making of films or film sound-tracks, if the copying is done by a person giving or receiving instruction. 
(3) Copyright is not infringed by anything done for the purposes of an examination by way of setting 
the questions, communicating the questions to the candidates or answering the questions. 
(4) Subsection (3) does not extend to the making of a reprographic copy of a musical work for use 
by an examination candidate in performing the work. 
(5) Where a copy which would otherwise be an infringing copy is made in accordance with this 
section but is subsequently dealt with, the copy is treated as an infringing copy for the purpose of that 
dealing and if that dealing infringes copyright, for all subsequent purposes. 
For this purpose "dealt with" means sold or let for hire or offered or exposed for sale or 
hire. 
[cf. 1988 c. 48 s. 32 U.K.] Chapter: 
Section: 528 
42 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Anthologies for educational Version Date: 
use IP/N/1/HKG/C/1 
Page 27 
30/06/1997 
(1) The inclusion of a short passage from a published literary or dramatic work in a collection which­
(a) is intended for use in educational establishments and is so described in its title, and in any 
advertisements issued by or on behalf of the publisher; and 
(b) consists mainly of material in which no copyright subsists, 
does not infringe the copyright in the work if the work itself is not intended for use in such establishments 
and the inclusion is accompanied by a sufficient acknowledgement. 
(2) Subsection ( 1) does not authorize the inclusion of more than 2 excerpts from copyright works by 
the same author in collections published by the same publisher over any period of 5 years. 
(3) In relation to any given passage the reference in subsection (2) to excerpts from works by the 
same author-
( a) is taken to include excerpts from works by him in collaboration with another; and 
(b) if the passage in question is from such a work, is taken to include excerpts from works by 
any of the authors, whether alone or in collaboration with another. 
( 4) References in this section to the use of a work in an educational establishment are to any use for 
the educational purposes of such an establishment. 
Chapter: 
Section: 528 
43 Title: 
Heading: [ cf. 1988 c. 48 s. 33 U.K.) 
COPYRIGHT ORDINANCE Gazette Number: 
Performing, playing or Version Date: 30/06/1997 
showing work in course of 
activities of educational 
establishments 
(1) The performance of a literary, dramatic or musical work before an audience consisting of 
teachers and pupils at an educational establishment and other persons directly connected with the activities 
of the establishment-
(a) by a teacher or pupil in the course of the activities of the establishment; or 
(b) at the establishment by any person for the purposes of instruction, 
is not a public performance for the purposes of infringement of copyright. 
(2) The playing or showing of a sound recording, film, broadcast or cable programme before such 
audience at an educational establishment for the purposes of instruction is not a playing or showing of the 
work in public for the purposes of infringement of copyright. 
(3) A person is for this purpose directly connected with the activities of an educational establishment 
if he is the parent or guardian of a pupil at the establishment. 
[cf. 1988 c. 48 s. 34 U.K.] IP/N/1/HKG/C/1 
Page 28 
Chapter: 
Section: 528 
44 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Recording by educational Version Date: 30/06/1997 
establishments of 
broadcasts and cable 
programmes 
(1) A recording of a broadcast or cable programme, or a copy of such a recording may be made by 
or on behalf of an educational establishment for the educational purposes of that establishment without 
thereby infringing the copyright in the broadcast or cable programme, or in any work included in it, if-
( a) an acknowledgement of authorship or other creative effort contained in the work recorded is 
incorporated in the recording made by the establishment; and 
(b) it is not made for gain. 
(2) Recording or copying is not authorized by this section if, or to the extent that, licences under 
licensing schemes are available authorizing the recording or copying in question and the person making the 
recording or copies knew or ought to have been aware of that fact. 
(3) Where a recording or copy which would otherwise be an infringing copy is made in accordance 
with this section but is subsequently dealt with, the copy is treated as an infringing copy for the purposes of 
that dealing and if that dealing infringes copyright, for all subsequent purposes. 
For this purpose "dealt with" means sold or let for hire or offered or exposed for sale or 
hire. 
Chapter: 
Section: 528 
45 Title: 
Heading: [cf. 1988 c. 48 s. 35 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Reprographic copying made Version Date: 
by educational 
establishments of passages 
from published works 30/06/1997 
( 1) Reprographic copies of artistic works or of passages from published literary, dramatic or musical 
works may, to a reasonable extent, be made by or on behalf of an educational establishment for the 
purposes of instruction without infringing any copyright in the work, or in the typographical arrangement. 
(2) Copying is not authorized by this section if, or to the extent that, licences under licensing schemes 
are available authorizing the copying in question and the person making the copies knew or ought to have 
been aware of that fact. 
(3) Where a copy which would otherwise be an infringing copy is made in accordance with this 
section but is subsequently dealt with, it is treated as an infringing copy for the purposes of that dealing, and 
if that dealing infringes copyright, for all subsequent purposes. 
For this purpose "dealt with" means sold or let for hire or offered or exposed for sale or 
hire. 
[ cf. 1988 c. 48 s. 36 U.K.] Chapter: 
Section: 528 
46 Title: 
Heading: IP/N/1/HKG/C/1 
Page 29 
COPYRIGHT ORDINANCE Gazette Number: 
Libraries and archives: 
introductory Version Date: 30/06/1997 
Expanded Cross Reference: 
Sections47,48,49,50,51,52,53 
Libraries and archives 
(I) The Secretary for Trade and Industry may­
(a) by regulations prescribe conditions; and 
(b) by notice in the Gazette specify libraries or archives, 
for the purposes of any provision in sections 47 to 53 (copying by librarians and archivists). <* Note-Exp. 
X-Ref.: Sections 47, 48, 49, 50, 51, 52, 53*> 
(2) In sections 47 to 53-<* Note-Exp. X-Ref.: Sections 47, 48, 49, 50, 51, 52, 53*> 
(a) references in any provision to the prescribed conditions are to the conditions prescribed for 
the purposes of that provision under subsection (l)(a); and 
(b) references in any provision to a specified library or archive are to a library or archive of a 
description specified for the purposes of that provision under subsection ( I )(b ). 
(3) The regulations may-
(a) provide that, where a librarian or archivist is required to be satisfied as to any matter before 
making or supplying a copy of a work-
(i) he may rely on a signed declaration as to that matter by the person requesting the 
copy, unless he is aware that it is false in a material particular; and 
(ii) in such cases as may be prescribed, he shall not make or supply a copy in the absence 
of a signed declaration in such form as may be prescribed; 
(b) make different provisions for different descriptions of libraries or archives and for different 
purposes. 
( 4) Where a person requesting a copy makes a declaration which is false in a material particular and 
is supplied with a copy which would have been an infringing copy if made by him-
( a) he is liable for infringement of copyright as if he had made the copy himself; and 
(b) the copy is treated as an infringing copy. 
(5) References in this section, and in sections 47 to 53, to the librarian or archivist include a person 
acting on his behalf. <* Note-Exp. X-Ref.: Sections 47, 48, 49, 50, 51, 52, 53*> 
Chapter: 
Section: 528 
47 Title: 
Heading: [cf. 1988 c. 48 s. 37 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Copying by librarians: 
articles in periodicals Version Date: 30/06/1997 
(I) The librarian of a specified library may, if the prescribed conditions are complied with, make and 
supply a copy of an article in a periodical without infringing any copyright in the text, in any illustrations 
accompanying the text or in the typographical arrangement. 
(2) The prescribed conditions must include the following-
(a) that copies are supplied only to persons satisfying the librarian that they require them for 
purposes of research or private study, and wi 11 not use them for any other purpose; 
(b) that no person is furnished with more than one copy of the same article or with copies of 
more than one article contained in the same issue of a periodical; and 
( c) that persons to whom copies are supplied are required to pay for them a sum not less than 
the cost (including a contribution to the general expenses of the library) attributable to their 
production. 
[cf. 1988 c. 48 s. 38 U.K.] IP/N/1/HKG/C/1 
Page 30 
Chapter: 
Section: 528 
48 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Copying by librarians: 
parts of published works Version Date: 30/06/1997 
(1) The librarian of a specified library may, if the prescribed conditions are complied with, make and 
supply from a published edition a copy of part of a literary, dramatic or musical work ( other than an article 
in a periodical) without infringing any copyright in the work, in any illustrations accompanying the work or 
in the typographical arrangement. 
(2) The prescribed conditions must include the following-
Chapter: 
Section: (a) that copies are supplied only to persons satisfying the librarian that they require them for 
purposes of research or private study, and will not use them for any other purpose; 
(b) that no person is furnished with more than one copy of the same material or with a copy of 
more than a reasonable proportion of any work; and 
(c) that persons to whom copies are supplied are required to pay for them a sum not less than 
the cost (including a contribution to the general expenses of the library) attributable to their 
production. 
528 
49 Title: 
Heading: [cf. 1988 c. 48 s. 39 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Restriction on production Version Date: 
of multiple copies of the 
same material 30/06/1997 
. (1) Regulations for t~e pur~o~es of sections 47 and 48 (copying by librarian of article or part of 
~ubh~hed wor~) mus~ conta1~ prov1s1on to the effect that a copy is supplied only to a person satisfying the 
IIbranan that his reqmrement 1s not related to any similar requirement of another person. 
(2) The regulations may provide-
Chapter: 
Section: (a) that requireme~ts are regard~d as similar if the requirements are for copies of substantially 
the same_matenal at substantially the same time and for substantially the same purpose; and 
(b) tha~ requiremen~s o_f persons are regarded as related if those persons receive instruction to 
which the matenal 1s relevant at the same time and place. 
528 
50 Title: 
Heading: [ cf. 1988 c. 48 s. 40 U.K.) 
COPYRIGHT ORDINANCE Gazette Number: 
Copying by librarians: 
supply of copies to other 
libraries Version Date: 30/06/1997 
(1) The librari.an of a specified library may, if the prescribed conditions are complied with, make and 
supply to another specified library a copy of­
(a) an article in a periodical; 
(b) the whole or part of a published edition of a literary, dramatic or musical work; or 
( c) a sound recording or film, 
without infringing any copyright in the text of the article, in the work, in any illustration accompanying it, in 
the typographical arrangement, or in the sound recording or film, as the case may be. 
(2) Subsection (l)(b) and (c) does not apply if at the time the copy is made the librarian making it 
knows, or could by reasonable inquiry ascertain, the name and address of a person entitled to authorize the 
making of the copy. 
[cf. 1988 c. 48 s. 41 U.K.] Chapter: 
Section: 528 
51 Title: 
Heading: IP/N/1/HKG/C/1 
Page 31 
COPYRIGHT ORDINANCE Gazette Number: 
Copying by librarians or 
archivists: replacement 
copies of works Version Date: 30/06/1997 
(1) The librarian or archivist of a specified library or archive may, if the prescribed conditions are 
complied with, make a copy from any item in the permanent collection of the library or archive-
(a) in order to preserve or replace that item by placing the copy in its permanent collection in 
addition to or in place of it; or 
(b) in order to replace in the permanent collection of another specified library or archive an item 
which has been lost, destroyed or damaged, 
without infringing the copyright in any literary, dramatic or musical work, in any illustrations accompanying 
such a work or, in the case of a published edition, in the typographical arrangement or, in the case of a 
sound recording or a film, in the sound recording or film. 
(2) The prescribed conditions must include provision for restricting the making of copies to cases 
where it is not reasonably practicable to purchase a copy of the item in question to fulfill that purpose. 
Chapter: 
Section: 528 
52 Title: 
Heading: [ cf. 1988 c. 48 s. 42 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Copying by librarians or Version Date: 30/06/1997 
archivists: certain 
unpublished works 
(1) The librarian or archivist of a specified library or archive may, if the prescribed conditions are 
complied with, make and supply a copy of the whole or part of-
(a) a literary, dramatic or musical work from a document (including a document in electronic 
form); or 
(b) a sound recording or film, 
in the library or archive without infringing any copyright in the work or any illustrations accompanying it or 
in the sound recording or film. 
(2) This section does not apply if-
(a) the work had been published before it was deposited in the library or archive; or 
(b) the copyright owner has prohibited copying of the work, 
and at the time the copy is made the librarian or archivist making it is, or ought to be, aware of that fact. 
(3) The prescribed conditions must include the following-
Chapter: 
Section: (a) that copies are supplied only to persons satisfying the librarian or archivist that they require 
them for purposes of research or private study and will not use them for any other purpose; 
(b) that no person is furnished with more than one copy of the same material; and 
( c) that persons to whom copies are supplied are required to pay for them a sum not less than 
the cost (including a contribution to the general expenses of the library or archive) 
attributable to their production. 
528 
53 Title: 
Heading: [cf. 1988 c. 48 s. 43 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Copying by librarians or 
archivists: articles of 
cultural or historical 
importance Version Date: 30/06/1997 
The librarian or archivist of a specified library or archive may make a copy of an article of cultural or 
historical importance or interest and deposit the copy at the specified library or archive without infringing 
any copyright in respect of the article if the article is likely to be lost to Hong Kong through sale or export. 
[cf. 1988 c. 48 s. 44 U.K.] IP/N/1/HKG/C/l 
Page 32 
Chapter: 
Section: 528 
54 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Legislative Council and 
judicial proceedings 
Public administration Version Date: 30/06/1997 
(1) Copyright is not infringed by anything done for the purposes of the proceedings of the Legislative 
Council or judicial proceedings. 
(2) Copyright is not infringed by anything done for the purposes of reporting such proceedings; but 
this is not to be construed as authorizing the copying of a work which is itself a published report of the 
proceedings. 
[ cf. 1988 c. 48 s. 45 U.K.] 
Chapter: 
Section: 528 
55 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Statutory inquiries Version Date: 30/06/1997 
( 1) Copyright is not infringed by anything done for the purposes of the proceedings of a statutory 
inquiry. 
(2) Copyright is not infringed by anything done for the purposes of reporting any such proceedings 
held in public; but this is not to be construed as authorizing the copying of a work which is itself a published 
report of the proceedings. 
(3) Copyright in a work is not infringed by the issue or making available to the public of copies of the 
report of a statutory inquiry containing the work or material from it. 
( 4) In this section-
"statutory inquiry" means an inquiry held or investigation conducted in pursuance of­
(a) the Commissions of Inquiry Ordinance (Cap 86); or 
(b) a duty imposed or power conferred by or under an Ordinance. 
[cf. 1988 c. 48 s. 46 U.K.] Chapter: 
Section: 
Remarks: 528 
56 Title: 
Heading: COPYRIGHT ORDINANCE 
Material open to public 
inspection or on official 
register IP/N/1/HKG/C/1 
Page 33 
Gazette Number: 22 of 1999 
Version Date: 01/07/1997 
Amendments retroactively made -see 22 of 1999 s. 3 
(1) Where material is open to public inspection pursuant to a statutory requirement, or is on a 
statutory register, copyright is not infringed by the copying of so much of the material as contains factual 
information of any description, by or with the authority of the appropriate person, for a purpose which does 
not involve the issuing or making available of copies to the public. 
(2) Where material is open to public inspection pursuant to a statutory requirement, copyright is not 
infringed by the copying or issuing or making available to the public of copies of the material, by or with the 
authority of the appropriate person, for the purpose of enabling the material to be inspected at a more 
convenient time or place or otherwise facilitating the exercise of any right for the purpose of which the 
requirement is imposed. 
(3) Where material which is open to public inspection pursuant to a statutory requirement, or which 
is on a statutory register, contains information about matters of general scientific, technical, commercial or 
economic interest, copyright is not infringed by the copying or issuing or making available to the public of 
copies of the material, by or with the authority of the appropriate person, for the purpose of disseminating 
that information. 
(4) The Chief Executive may by regulation provide that subsection (1), (2) or (3) applies, in such 
cases as may be specified in the regulation, only to copies marked in such manner as may be so specified. 
(Amended 22 of 1999 s. 3) 
(5) The Chief Executive may by regulation provide that subsections (1) to (3) apply, to such extent 
and with such modifications as may be specified in the regulation- (Amended 22 of 1999 s. 3) 
(a) to material made open to public inspection by-
(i) an international organization specified in the regulation; or 
(ii) a person so specified who has functions in Hong Kong under an international 
agreement to which Hong Kong is a party; or 
(b) to a register maintained by an international organization specified in the regulation, 
as they apply in relation to material open to public inspection pursuant to a statutory requirement or to a 
statutory register. 
(6) In this section-
"appropriate person" means the person required to make the material open to public 
inspection or, as the case may be, the person maintaining the statutory register; 
"statutory register" means a register maintained in pursuance of a requirement imposed by 
or under an Ordinance; 
"statutory requirement" means a requirement imposed by or under an Ordinance. 
[cf. 1988 c. 48 s. 47 U.K.] IP/N/1/HKG/C/l 
Page 34 
Chapter: 
Section: 528 
57 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Material communicated to Version Date: 
the Government in the 
course of public business 30/06/1997 
(1) This section applies where a work has in the course of public business been communicated to the 
Government for any purpose, by or with the licence of the copyright owner and a document or other 
material thing recording or embodying the work is owned by or in the custody or control of the 
Government. 
(2) The Government may, for the purpose for which the work was communicated to it, or any 
related purpose which could reasonably have been anticipated by the copyright owner, copy the work, or 
issue or make available copies of the work to the public without infringing any copyright in the work. 
(3) The Government may not copy a work, or issue or make available copies of a work to the 
public, by virtue of this section if the work has previously been published otherwise than by virtue of this 
section. 
(4) In subsection (1) "public business" includes any activity carried on by the Government. 
(5) This section has effect subject to any agreement to the contrary between the Government and 
the copyright owner. 
Chapter: 
Section: 528 
58 Title: 
Heading: [ cf. 1988 c. 48 s. 48 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Public records Version Date: 30/06/1997 
(1) Material which is comprised in public records which are open to public inspection may be copied, 
and a copy may be supplied to any person without infringement of copyright. 
(2) In this section "public records" means the records of any nature or description 
which have been made, received or acquired in the course of proceedings of the Legislative Council, judicial 
proceedings or executive transaction, together with the exhibits and other material evidence which form part 
of or are annexed to or are otherwise related to any record, which are or are required to be in the custody 
of, or which may be transferred to or be acquired by, any department of the Government. 
Chapter: 
Section: 528 
59 Title: 
Heading: [cf. 1988 c. 48 s. 49 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Acts done under statutory Version Date: 30/06/1997 
authority 
(1) Where the doing of a particular act is specifically authorized by an Ordinance, whenever enacted, 
then, unless the Ordinance provides otherwise, the doing of that act does not infringe copyright. 
(2) Nothing in this section is to be construed as excluding any defence of statutory authority 
otherwise available under or by virtue of any Ordinance. 
[cf. 1988 c. 48 s. 50 U.K.] Chapter: 
Section: 528 
60 Title: 
Heading: IP/N/1/HKG/C/1 
Page 35 
COPYRIGHT ORDINANCE Gazette Number: 
Lawful user may make Version Date: 30/06/1997 
back-up copy of computer 
program 
Computer programs: Lawful users 
(1) A lawful user of a copy of a computer program may make a back-up copy of the program 
without infringing the copyright in the program if it is necessary for him to have the back-up copy for the 
purposes of his lawful use. 
(2) For the purposes of this section and section 61 a person is a lawful user of a computer program if 
he has a contractual right to use the program. 
(3) This section has effect subject to any agreement to the contrary. 
Chapter: 
Section: 528 
61 Title: 
Heading: [cf. 1988 c. 48 s. 50A U.K.} 
COPYRIGHT ORDINANCE Gazette Number: 
Lawful user may copy or 
adapt computer program Version Date: 30/06/1997 
(1) A lawful user of a copy of a computer program may copy or adapt the program without 
infringing the copyright in the program if the copying or adapting is necessary for his lawful use. 
(2) A lawful user of a copy of a computer program may, in particular, if it is necessary for the lawful 
use of the program, copy the program or adapt it for the purpose of correcting errors in it. 
(3) This section does not apply to any copying or adapting permitted under section 60. 
Chapter: 
Section: 528 
62 Title: 
Heading: [cf. 1988 c. 48 s. 50C U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Use of typeface in ordinary Version Date: 
course of printing 
Typefaces 30/06/1997 
(1) It is not an infringement of copyright in an artistic work consisting of the design of a typeface-
( a) to use the typeface in the ordinary course of typing, composing text, typesetting or printing; 
(b) to possess an article for the purpose of such use; or 
( c) to do anything in relation to material produced by such use, 
and this is so notwithstanding that an aiiicle is used which is an infringing copy of the work. 
(2) However, the following provisions of this Part apply in relation to persons making, importing, 
exporting or dealing with articles specifically designed or adapted for producing material in a particular 
typeface, or possessing such articles for the purpose of dealing with them, as if the production of material as 
mentioned in subsection (1) did infringe copyright in the artistic work consisting of the design of the 
typeface-
section 32 (secondary infringement: making, importing, exporting, possessing or dealing with article for 
making infringing copy); 
section 109 ( order for delivery up); and 
section 118( 4) ( offence of making or possessing such an article). 
(3) The references in subsection (2) to "dealing with" an article are to selling, letting for hire, or 
offering or exposing for sale or hire, exhibiting in public, or distributing. 
[ cf. 1988 c. 48 s. 54 U.K.] IP/N/1/HKG/C/1 
Page 36 
Chapter: 
Section: 528 
63 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Articles for producing 
material in particular 
typeface Version Date: 30/06/1997 
(1) This section applies to the copyright in an artistic work consisting of the design of a typeface 
where articles specifically designed or adapted for producing material in that typeface have been marketed 
by or with the licence of the copyright owner. 
(2) After the period of 25 years from the end of the calendar year in which the first such articles are 
marketed, the work may be copied by making further such articles, or doing anything for the purpose of 
making such articles, and anything may be done in relation to articles so made, without infringing copyright 
in the work. 
(3) In subsection (1) "marketed" means sold, let for hire or offered or exposed for sale 
or hire, in Hong Kong or elsewhere. 
Chapter: 
Section: 528 
64 Title: 
Heading: [cf. 1988 c. 48 s. 55 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Transfers of copies of works Version Date: 
in electronic form 
Works in electronic form 30/06/1997 
(1) This section applies where a copy of a work in electronic form (other than such a copy which 
was made available to the public) has been purchased on terms which, expressly or impliedly or by virtue of 
any rule of law, allow the purchaser to copy the work, or to adapt it or make copies of an adaptation, in 
connection with his use of it. 
(2) Ifthere are no express terms-
(a) prohibiting the transfer of the copy by the purchaser, imposing obligations which continue 
after a transfer, prohibiting the assignment of any licence or terminating any licence on a 
transfer; or 
(b) providing for the terms on which a transferee may do the things which the purchaser was 
permitted to do, 
anything which the purchaser was allowed to do may also be done without infringement of copyright by a 
transferee; but any copy, adaptation or copy of an adaptation made by the purchaser which is not also 
transferred is to be treated as an infringing copy for all purposes after the transfer. 
(3) Subsection (2) also applies where the original purchased copy is no longer usable and what is 
transferred is a further copy used in its place. 
(4) The above provisions also apply on a subsequent transfer, with the substitution for references in 
subsection (2) to the purchaser of references to the subsequent transferor. 
Chapter: 
Section: 528 
65 Title: 
Heading: [cf. 1988 c. 48 s. 56 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Certain acts permitted Version Date: 30/06/1997 
where works made 
available to the public 
Notwithstanding section 23, copyright in a work is not infringed by the making of a transient and 
incidental copy which is technically required for the viewing or listening of the work by a member of the 
public to whom a copy of the work is made available. Chapter: 
Section: 528 
66 IP/N/1/HKG/C/1 
Page 37 
Title: COPYRIGHT ORDINANCE Gazette Number: 
Heading: Anonymous or Version Date: 
pseudonymous works: acts 
permitted on assumptions as 
to expiry of copyright or 
death of author 
Miscellaneous: Literary, dramatic, musical and 
artistic works 30/06/1997 
(1) Copyright in a literary, dramatic, musical or artistic work is not infringed by an act done at a time 
when, or in pursuance of arrangements made at a time when-
( a) it is not possible by reasonable inquiry to ascertain the identity of the author; and 
(b) it is reasonable to assume-
(i) that copyright has expired; or 
(ii) that the author died 50 years or more before the beginning of the calendar year in 
which the act is done or the arrangements are made. 
(2) Subsection (l)(b)(ii) does not apply in relation to-
(a) a work in which Government copyright subsists; or 
(b) a work in which copyright originally vested in an international organization by virtue of 
section 188 and in respect of which a regulation under that section specifies a copyright 
period longer than 50 years. 
(3) In relation to a work of joint authorship-
Chapter: 
Section: (a) the reference in subsection (1) to its being not possible to ascertain the identity of the author 
is to be construed as a reference to its being not possible to ascertain the identity of all of the 
authors; and 
(b) the reference in subsection (l)(b)(ii) to the author having died is to be construed as a 
reference to all the authors having died. 
528 
67 Title: 
Heading: [cf. 1988 c. 48 s. 57 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Use of notes or recordings Version Date: 
of spoken words in certain 
cases 30/06/1997 
( 1) Where a record of spoken words is made, in writing or otherwise, for the purpose of­
( a) reporting current events; or 
(b) broadcasting or including in a cable programme service the whole or part of the work, 
it is not an infringement of any copyright in the words as a literary work to use the record or material taken 
from it ( or to copy the record, or any such material, and use the copy) for that purpose, if the conditions in 
subsection (2) are met. 
(2) The conditions are that-
(a) the record is a direct record of the spoken words and is not taken from a previous record or 
from a broadcast or cable programme; 
(b) the making of the record was not prohibited by the speaker and, where copyright already 
subsisted in the work, did not infringe copyright; 
( c) the use made of the record or material taken from it is not of a kind prohibited by or on 
behalf of the speaker or copyright owner before the record was made; and 
(d) the use is by or with the authority of a person who is lawfully in possession of the record. 
[cf. 1988 c. 48 s. 58 U.K.] IP/N/1/HKG/C/1 
Page 38 
Chapter: 
Section: 528 
68 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Public reading or 
recitation Version Date: 30/06/1997 
(1) The reading or recitation in public by one person of a reasonable extract from a published literary 
or dramatic work does not infringe any copyright in the work if it is accompanied by a sufficient 
acknowledgement. 
(2) Copyright in a work is not infringed by the making of a sound recording, or the broadcasting or 
inclusion in a cable programme service, of a reading or recitation which by virtue of subsection (1) does not 
infringe copyright in the work, if the recording, broadcast or cable programme consists mainly of material in 
relation to which it is not necessary to rely on that subsection. 
Chapter: 
Section: 528 
69 Title: 
Heading: [cf. 1988 c. 48 s. 59 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Abstracts of scientific or 
technical articles Version Date: 30/06/I 997 
(1) Where an article on a scientific or technical subject is published in a periodical accompanied by 
an abstract indicating the contents of the article, it is not an infringement of copyright in the abstract, or in 
the article, to copy the abstract or issue or make available copies of it to the public. [cf. 1988 c. 48 s. 60(1) 
U.K.] 
(2) This section does not apply if, or to the extent that, licences under licensing schemes are available 
authorizing the act in question and the person so acting knew or ought to have been aware of that fact. Chapter: 
Section: 528 
70 Title: 
Heading: IP/N/1/HKG/C/1 
Page 39 
COPYRIGHT ORDINANCE Gazette Number: 
Recordings of folksongs Version Date: 30/06/1997 
(1) A sound recording of a performance of a song may be made for the purpose of including it in an 
archive maintained by a body designated under subsection ( 4 )(b) without infringing any copyright in the 
words as a literary work or in the accompanying musical work, if the conditions in subsection (2) below are 
met. 
(2) The conditions are that-
(a) the words are unpublished and of unknown authorship at the time the recording is made; 
(b) the making of the recording does not infringe any other copyright; and 
(c) its making is not prohibited by any performer. 
(3) Copies of a sound recording made in reliance on subsection (1) and included in an archive 
maintained by a body designated under subsection ( 4 )(b) may, if the conditions prescribed under subsection 
( 4 )( a) are met, be made and supplied by the archivist without infringing copyright in the recording or the 
works included in it. 
( 4) The Secretary for Trade and Industry may for the purposes of this section by regulation­
(a) prescribe conditions; and 
(b) designate bodies, and he shall not designate a body unless he is satisfied that the body is not 
established or conducted for profit. 
(5) The conditions prescribed under subsection ( 4)(a) must include-
(a) that copies are only supplied to persons satisfying the archivist that they require them for the 
purposes of research or private study and will not use them for any other purpose; and 
(b) that no person is furnished with more than one copy of the same recording. 
(6) In this section, references to the archivist include a person acting on his behalf. 
Chapter: 
Section: 528 
71 Title: 
Heading: [cf. 1988 c. 48 s. 61 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Representation of certain V crsion Date: 30/06/1997 
artistic works on public 
display 
(1) This section applies to­
( a) buildings; and 
(b) sculptures, models for buildings and works of artistic craftsmanship, if permanently situated 
in a public place or in premises open to the public. 
(2) The copyright in such a work is not infringed by­
(a) making a graphic work representing it; 
(b) making a photograph or film of it; or 
( c) broadcasting or including in a cable programme service a visual image of it. 
(3) Nor is the copyright infringed by the issue or making available to the public of copies, or the 
broadcasting or inclusion in a cable programme service, of anything whose making was, by virtue of this 
section, not an infringement of the copyright. 
Chapter: 
Section: 528 
72 Title: 
Heading: [cf. 1988 c. 48 s. 62 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Advertisement of sale of Version Date: 30/06/1997 
artistic work 
(1) It is not an infringement of copyright in an artistic work to copy it, or to issue or make available 
copies to the public, for the purpose of advertising the sale of the work. 
(2) Where a copy which would otherwise be an infringing copy is made in accordance with this 
section but is subsequently dealt with, the copy is treated as an infringing copy for the purposes of that 
dealing if that dealing infringes copyright for all subsequent purposes. 
For this purpose "dealt with" means sold or let for hire, offered or exposed for sale or 
hire, exhibited in public or distributed. 
[cf. 1988 c. 48 s. 63 U.K.] IP/N/1/HKG/C/1 
Page 40 
Chapter: 
Section: 528 
73 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Making of subsequent works Version Date: 
by same artist 30/06/1997 
Where the author of an artistic work is not the copyright owner, he does not infringe the copyright by 
copying the work in making another artistic work if he does not repeat or imitate the main design of the 
earlier work. 
Chapter: 
Section: 528 
74 Title: 
Heading: [cf. 1988 c. 48 s. 64 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Reconstruction of buildings Version Date: 30/06/1997 
Anything done for the purposes of reconstructing a building does not infringe any copyright­
( a) in the building; or 
Chapter: 
Section: (b) in any drawings or plans in accordance with which the building was, by or with the licence 
of the copyright owner, constructed. 
528 
75 [cf. 1988 c. 48 s. 65 U.K.] 
Title: COPYRIGHT ORDINANCE Gazette Number: 
Heading: Films: acts permitted on Version Date: 30/06/1997 
assumptions as·to expiry of 
copyright, etc. 
Miscellaneous: Films and sound recordings 
(1) Copyright in a film is not infringed by an act done at a time when, or in pursuance of 
arrangements made at a time when-
( a) it is not possible by reasonable inquiry to ascertain the identity of any of the persons referred 
to in. section 19(2)(a) to (d) (persons by reference to whose life the copyright period is 
ascertained); and 
(b) it is reasonable to assume-
(i) that copyright has expired; or 
(ii) that the last to die of those persons died 50 years or more before the beginning of the 
calendar year in which the act is done or the arrangements are made. 
(2) Subsection (l)(b)(ii) does not apply in relation to-
(a) a film in which Government copyright subsists; or 
(b) a film in which copyright originally vested in an international organization by virtue of 
section 188 and in respect of which a regulation under that section specifies a copyright 
period longer than 50 years. 
[cf. 1988 c. 48 s. 66A U.K.] Chapter: 
Section: 528 
76 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Performance, showing or Version Date: 
playing of works for 
purposes of club, society, 
etc. IP/N/1/HKG/C/1 
Page 41 
30/06/1997 
(1) It is not an infringement of the copyright in a work ( other than a broadcast or a cable 
programme) to perform, show or play it as part of the activities of, or for the benefit of, a club, society or 
other organization if the following conditions are met. 
(2) The conditions are-
Chapter: 
Section: (a) that the club, society or organization is not established or conducted for profit and its main 
objects are charitable or are otherwise concerned with the advancement of religion, 
education or social welfare; and 
(b) that the proceeds of any charge for admission to the place where the work is to be 
performed, shown or played are applied solely for the purposes of the club, society or 
organization. 
528 
77 Title: 
Heading: [cf. 1988 c. 48 s. 67 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Incidental recording for 
purposes of broadcast or 
cable programme Version Date: 30/06/1997 
Miscellaneous: Broadcasts and cable programmes 
( 1) This section applies where by virtue of a licence or assignment of copyright a person is 
authorized to broadcast or include in a cable programme service-
(a) a literary, dramatic or musical work, or an adaptation of such a work; 
(b) an artistic work; or 
( c) a sound recording or film. 
(2) He is by virtue of this section to be treated as licensed by the owner of the copyright in the work 
to do or authorize any of the following for the purposes of the broadcast or cable programme-
( a) in the case of a literary, dramatic or musical work, or an adaptation of such a work, to make 
a sound recording or film of the work or adaptation; 
(b) in the case of an artistic work, to take a photograph or make a film of the work; 
( c) in the case of a sound recording or film, to make a copy of it. 
(3) That licence is subject to the condition that the sound recording, film, photograph or copy in 
question-
(a) must not be used for any other purposes; 
(b) must be destroyed within 3 months of being first used for broadcasting the work or, as the 
case may be, including it in a cable programme service. 
( 4) A sound recording, film, photograph or copy made in accordance with this section is treated as an 
infringing copy-
(a) for the purposes of any use in breach of the condition mentioned in subsection (3)(a); and 
(b) for all purposes after that condition or the condition mentioned in subsection (3)(b) is 
broken. 
[cf. 1988 c. 48 s. 68 U.K.] IP/N/1/HKG/C/1 
Page 42 
Chapter: 
Section: 528 
78 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Recording for purposes of Version Date: 
supervision and control of 
broadcasts and cable 
programmes 30/06/1997 
(1) Copyright is not infringed by the making or use by Radio Television Hong Kong, for the 
purposes of maintaining supervision and control over programmes broadcast by them, of recordings of those 
programmes. 
(2) Copyright is not infringed by the making or use of recordings-
Chapter: 
Section: (a) by the Broadcasting Authority for the performance of its functions mentioned in section 9 of 
the Broadcasting Authority Ordinance (Cap 391); or 
(b) pursuant to the instructions of the Broadcasting Authority in the performance of those 
functions. 
528 
79 Title: 
Heading: [cf. 1988 c. 48 s. 69 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Recording for purposes of Version Date: 
time-shifting 30/06/1997 
The making for private and domestic use of a recording of a broadcast or cable programme solely for 
the purpose of enabling it to be viewed or listened to at a more convenient time does not infringe any 
copyright in the broadcast or cable programme or in any work included in it. 
Chapter: 
Section: 528 
80 Title: 
Heading: [cf. 1988 c. 48 s. 70 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Photographs of television Version Date: 30/06/1997 
broadcasts or cable 
programmes 
The making for private and domestic use of a photograph of the whole or any part of an image 
forming part of a television broadcast or cable programme, or a copy of such a photograph, does not 
infringe any copyright in the broadcast or cable programme or in any film included in it. 
[cf. 1988 c. 48 s. 71 U.K.] Chapter: 
Section: 528 
81 Title: 
Heading: IP/N/1/HKG/C/1 
Page 43 
COPYRIGHT ORDINANCE Gazette Number: 
Free public showing or 
playing of broadcast or 
cable programme Version Date: 30/06/1997 
(1) The showing or playing in public of a broadcast or cable programme (other than an encrypted 
broadcast or cable programme) to an audience who have not paid for admission to the place where the 
broadcast or programme is to be seen or heard does not infringe any copyright in-
( a) the broadcast or cable programme; or 
(b) any sound recording or film included in it. 
(2) The audience are treated as having paid for admission to a place-
( a) if they have paid for admission to a place of which that place forms part; or 
(b) if goods or services are supplied at that place ( or a place of which it forms part)-
(i) at prices which are substantially attributable to the facilities afforded for seeing or 
hearing the broadcast or programme; or 
(ii) at prices exceeding those usually charged there and which are partly attributable to 
those facilities. 
(3) The following are not regarded as having paid for admission to a place-
(a) persons admitted as residents or inmates of the place which is operated by a charitable 
organization and the facilities therein are not provided for profit; 
(b) persons admitted as members of a club or society whose main objects are charitable or are 
otherwise concerned with the advancement of religion, education or social welfare and 
where the payment is only for membership of the club or society and the provision of 
facilities for seeing or hearing broadcasts or programmes is only incidental to the main 
purposes of the club or society. 
(4) Where the making of the broadcast or inclusion of the programme in a cable programme service 
was an infringement of the copyright in a sound recording or film, the fact that it was heard or seen in public 
by the reception of the broadcast or programme is to be taken into account in assessing the damages for that 
infringement. 
[cf. 1988 c. 48 s. 72 U.K.] IP/N/1/HKG/C/l 
Page 44 
Chapter: 
Section: 528 
82 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Reception and 
re-transmission of 
broadcast in cable 
programme service Version Date: 30/06/1997 
( l) The copyright in a television broadcast or a sound broadcast is not infringed by any person who, 
by the reception and immediate re-transmission of the broadcast without any alteration, includes a 
programme in a service provided-
( a) by a communal aerial broadcast distribution system within the scope of section 8(4)(e) of 
the Telecommunication Ordinance (Cap 106); 
(b) by an interconnection between a communal aerial broadcast distribution system within the 
scope of section 8(4)(e) of the Telecommunication Ordinance (Cap 106) and a subscription 
television network licensed under the Television Ordinance (Cap 52), where the 
re-transmission is for the reception of the users of the communal aerial broadcast 
distribution system; or 
( c) by a system licensed under a broadcast relay station licence issued under the 
Telecommunication Regulations (Cap 106 sub. leg.). 
(2) The copyright in a television broadcast which is not encrypted or in a sound broadcast which is 
not encrypted is not infringed by any person who, by the reception and immediate re-transmission of the 
broadcast without any alteration, includes a programme in a service provided-
( a) by a system licensed under a satellite master antenna television licence issued under the 
Telecommunication Regulations (Cap 106 sub. leg.); or 
(b) by an interconnection between a system licensed under a satellite master antenna television 
licence issued under the Telecommunication Regulations (Cap 106 sub. leg.) and a 
subscription television network licensed under the Television Ordinance (Cap 52) and where 
the re-transmission is for the reception of the users of the satellite master antenna television 
system, 
until the expiration of 6 months beginning on the day of publication of the notice in accordance with 
subsection (5). 
(3) Where a television broadcast or sound broadcast is made or uplinked from a place in Hong Kong 
or elsewhere, and the broadcast is a lawful broadcast, then any person who, by the reception and immediate 
re-transmission of the broadcast without any alteration, includes a programme in a service provided by a 
system or an interconnection specified in subsection (1) or (2), being a programme comprising a literary, 
dramatic or musical work, or an adaptation of such a work, or an artistic work, or a sound recording or film, 
shall be in a like position, in any proceedings for infringement of the copyright (if any) in the work, 
recording or film, as if he had been the holder of a licence granted by the owner of that copyright to include 
the work, adaptation, recording or film in any programme so included in that service. 
( 4) Where a television broadcast or a sound broadcast is not encrypted, the person who, by the 
reception and immediate re-transmission of the broadcast without any alteration, includes a programme in a 
service provided by a system or interconnection specified in subsection (2) is deemed to have been granted 
an implied licence by the maker of the broadcast to receive and re-transmit the broadcast using the system 
which is only revocable by notice given in accordance with subsection (5). 
(5) The maker. of a broadcast in respect of which a licence is deemed to have been granted under 
subsection ( 4) may revoke the licence by publishing a notice ofrevocation in-
(a) 1 Chinese language newspaper circulating in Hong Kong; and 
(b) 1 English language newspaper circulating in Hong Kong. 
[ cf. 1988 c. 48 s. 73 U.K.] Chapter: 
Section: 528 
83 Title: 
Heading: IP/N/1/HKG/C/1 
Page 45 
COPYRIGHT ORDINANCE Gazette Number: 
Provision of sub-titled 
copies of broadcast or cable 
programme Version Date: 30/06/1997 
(1) A body designated under subsection (3) may, for the purpose of providing people who are deaf 
or hard of hearing, or physically or mentally handicapped in other ways, with copies which are sub-titled or 
otherwise modified for their special needs, make copies of television broadcasts or cable programmes and 
issue and make available copies to the public, without infringing any copyright in the broadcasts or cable 
programmes or works included in them. 
(2) This section does not apply if, or to the extent that, licences under licensing schemes are available 
authorizing the act in question and the person so acting knew or ought to have been aware of that fact. 
(3) The Secretary for Trade and Industry may, by notice in the Gazette, designate bodies for the 
purposes of this section, and the Secretary shall not designate a body unless he is satisfied that it is not 
established or conducted for profit. 
Chapter: 
Section: 528 
84 Title: 
Heading: [cf. 1988 c. 48 s. 74 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Recording for archival 
purposes Version Date: 30/06/1997 
( 1) A recording of a broadcast or cable programme of a class designated under subsection (2), or a 
copy of such a recording, may be made for the purpose of being placed in an archive maintained by a body 
designated under subsection (2) without thereby infringing any copyright in the broadcast or cable 
programme or in any work included in it. 
(2) The Secretary for Trade and Industry may, by notice in the Gazette, designate any class of 
broadcast or of cable programme and any body for the purposes of this section, and the Secretary shall not 
designate a body unless he is satisfied that it is not established or conducted for profit. 
Chapter: 
Section: 528 
85 Title: 
Heading: [cf. 1988 c. 48 s. 75 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Adaptations Version Date: 30/06/1997 
Adaptations 
An act which by virtue of this Division may be done without infringing copyright in a literary, dramatic 
or musical work does not, where that work is an adaptation, infringe any copyright in the work from which 
the adaptation was made. 
Chapter: 
Section: 528 
86 Title: 
Heading: [cf. 1988 c. 48 s. 76 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Corresponding design Version Date: 30/06/1997 
Designs 
In sections 87 and 88, a "corresponding design", in relation to an artistic work, 
means a design within the meaning of the Registered Designs Ordinance (Cap 522) which if applied to an 
article would produce something which would be treated for the purposes of this Part as a copy of the 
artistic work. 
[cf. 1988 c. 48 s. 53(2) U.K.] IP/N/1/HKG/C/1 
Page 46 
Chapter: 
Section: 528 
87 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Effect of exploitation of Version Date: 30/06/1997 
design derived from artistic 
work 
(1) This section applies where an artistic work has been exploited, by or with the licence of the 
copyright owner, by-
( a) making by an industrial process articles falling to be treated for the purposes of this Part as 
copies of the work; and 
(b) marketing such articles, in Hong Kong or elsewhere. 
(2) After the end of the period of 25 years from the end of the calendar year in which such articles 
incorporating a registered corresponding design are first marketed, the work may be copied by making 
articles of any description, or doing anything for the purpose of making articles of any description, and 
anything may be done in relation to articles so made, without infringing copyright in the work. 
(3) After the end of the period of 15 years from the end of the calendar year in which such articles 
incorporating an unregistered corresponding design are first marketed, the work may be copied by making 
articles of any description, or doing anything for the purpose of making articles of any description, and 
anything may be done in relation to articles so made, without infringing copyright in the work. 
(4) Where only part of an artistic work is exploited as mentioned in subsection (1), subsection (2) or 
(3) applies only in relation to that part. 
( 5) In this section-
Chapter: 
Section: ( a) "registered corresponding design" means a corresponding 
design which has been registered under the Registered Designs Ordinance (Cap 522); 
(b) "unregistered corresponding design" means a 
corresponding design which has not been registered under the Registered Designs Ordinance 
(Cap 522), and includes a corresponding design which is not registrable under that 
Ordinance; 
( c) references to articles do not include films; 
( d) references to the marketing of an article are to its being sold or let for hire or offered or 
exposed for sale or hire. 
528 
88 Title: 
Heading: [cf. 1988 c. 48 s. 52 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Things done in reliance on Version Date: 
registration of design 30/06/1997 
The copyright in an artistic work is not infringed by anything done-
( a) in pursuance of an assignment or licence made or granted by a person registered under the 
Registered Designs Ordinance (Cap. 522) as the registered owner of a corresponding design; 
and 
(b) in good faith in reliance on the registration and without notice of any proceedings for the 
cancellation of the registration or for rectifying the relevant entry in the register of designs, 
and this is so notwithstanding that the person registered as the registered owner was not the owner of the 
design for the purposes of that Ordinance. 
[cf. 1988 c. 48 s. 53(1) U.K.] Chapter: 
Section: 528 
89 Title: 
Heading: IP/N/1/HKG/C/1 
Page 47 
COPYRIGHT ORDINANCE Gazette Number: 
Right to be identified as Version Date: 30/06/1997 
author or director 
DIVISION IV 
MORAL RIGHTS 
Right to be identified as author or director 
(1) The author of a copyright literary, dramatic, musical or artistic work, and the director of a 
copyright film, has the right to be identified as the author or director of the work in the circumstances 
mentioned in this section; but the right is not infringed unless it has been asserted in accordance with section 
90. 
(2) The author of a literary work ( other than words intended to be sung or spoken with music) or a 
dramatic work has the right to be identified whenever-
( a) the work is published commercially, performed in public, broadcast or included in a cable 
programme service; or 
(b) copies of a film or sound recording including the work are issued or made available to the 
public, 
and that right includes the right to be identified whenever any of those events occur in relation to an 
adaptation of the work as the author of the work from which the adaptation was made. 
(3) The author of a musical work, or a literary work consisting of words intended to be sung or 
spoken with music, has the right to be identified whenever-
( a) the work is published commercially, performed in public, broadcast or included in a cable 
programme service; 
(b) copies of a sound recording of the work are issued or made available to the public; or 
(c) a film of which the sound-track includes the work is shown in public or copies of such a film 
are issued or made available to the public, 
and that right includes the right to be identified whenever any of those events occur in relation to an 
adaptation of the work as the author of the work from which the adaptation was made. 
( 4) The author of an artistic work has the right to be identified whenever-
( a) the work is published commercially or exhibited in public, or a visual image of it is broadcast 
or included in a cable programme service; 
(b) a film including a visual image of the work is shown in public or copies of such a film are 
issued or made available to the public; or 
( c) in the case of a work of architecture in the form of a building or a model for a building, a 
sculpture or a work of artistic craftsmanship, copies of a graphic work representing it, or of 
a photograph of it, are issued or made available to the public. 
(5) The author of a work of architecture in the form of a building also has the right to be identified 
on the building as constructed or, where more than one building is constructed to the design, on the first to 
be constructed. 
(6) The director of a film has the right to be identified whenever the film is shown in public, 
broadcast or included in a cable programme service or copies of the film are issued or made available to the 
public. 
(7) The right of the author or director under this section is-
( a) in the case of commercial publication or the issue or making available to the public of copies 
of a film or sound recording, to be identified in or on each copy or, if that is not appropriate, 
in some other manner likely to bring his identity to the notice of a person acquiring a copy; 
(b) in the case of identification on a building, to be identified by appropriate means visible to 
persons entering or approaching the building; and 
(c) in any other case, to be identified in a manner likely to bring his identity to the notice of a 
person seeing or hearing the performance, exhibition, showing, broadcast or cable IP/N/1/HKG/C/1 
Page 48 
programme in question, 
and the identification must in each case be clear and reasonably prominent. 
(8) If the author or director in asserting his right to be identified specifies a pseudonym, initials or 
some other particular form of identification, that form must be used; otherwise any reasonable form of 
identification may be used. 
(9) This section has effect subject to section 91. 
Chapter: 
Section: 528 
90 Title: 
Heading: [cf. 1988 c. 48 s. 77 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Requirement that right be Version Date: 
asserted 30/06/1997 
( 1) A person does not infringe the right conferred by section 89 ( right to be identified as author or 
director) by doing any of the acts mentioned in that section unless the right has been asserted in accord1mce 
with the following provisions so as to bind him in relation to that act. 
(2) The right may be asserted generally, or in relation to any specified act or description of acts~ 
(a) on an assignment of copyright in the work, by including in the instrument effecting the 
assignment a statement that the author or director asserts in relation to that work his right to 
be identified; or 
(b) by instrument in writing signed by the author or director. 
(3) The right may also be asserted in relation to the public exhibition of an artistic work-
(a) by securing that when the author or other first owner of copyright parts with possession of 
the original, or of a copy made by him or under his direction or control, the author is 
identified on the original or copy, or on a frame, mount or other thing to which it is attached; 
or 
(b) by including in a licence by which the author or other first owner of copyright authorizes the 
making of copies of the work a written statement signed by or on behalf of the person 
granting the licence that the author asserts his right to be identified in the event of the public 
exhibition of a copy made in pursuance of the licence. 
( 4) The persons bound by an assertion of the right under subsection (2) or (3) are-
( a) in the case of an assertion under subsection (2)(a), the assignee and anyone claiming through 
him, whether or not he has notice of the assertion; 
(b) in the case of an assertion under subsection (2)(b ), anyone to whose notice the assertion is 
brought; 
(c) in the case of an assertion under subsection (3)(a), anyone into whose hands that original or 
copy comes, whether or not the identification is still present or visible; 
(d) in the case of an assertion under subsection (3)(b), the licensee and anyone into whose 
hands a copy made in pursuance of the licence comes, whether or not he has notice of the 
assertion. 
(5) In an action for infringement of the right the court shall, in considering remedies, take into 
account any delay in asserting the right. 
[cf. 1988 c. 48 s. 78 U.K.] Chapter: 
Section: 528 
91 Title: 
Heading: IP/N/1/HKG/C/1 
Page 49 
COPYRIGHT ORDINANCE Gazette Number: 
Exceptions to right Version Date: 30/06/1997 
(1) The right conferred by section 89 (right to be identified as author or director) is subject to the 
following exceptions. 
(2) The right does not apply in relation to the following descriptions of work­
(a) a computer program; 
(b) the design of a typeface; 
( c) any computer-generated work. 
(3) The right does not apply to anything done by or with the authority of the copyright owner where 
copyright in the work originally vested in the author's employer by virtue of section 14(1) (employee 
works). 
( 4) The right is not infringed by an act which by virtue of any of the following provisions would not 
infringe copyright in the work-
(a) section 39 (fair dealing for certain purposes), so far as it relates to the reporting of current 
events by means of a sound recording, film, broadcast or cable programme; 
(b) section 40 (incidental inclusion of work in an artistic work, sound recording, film, broadcast 
or cable programme); 
(c) section 41(3) (examination questions); 
(d) section 54 (Legislative Council and judicial proceedings); 
(e) section 55(1) or (2) (statutory inquiries); 
(f) section 66 or 75 (acts permitted on assumptions as to expiry of copyright, etc.). 
(5) The right does not apply in relation to any work made for the purpose of reporting current 
events. 
(6) The right does not apply in relation to the publication in­
(a) a newspaper, magazine or similar periodical; or 
(b) an encyclopaedia, dictionary, yearbook or other collective work of reference, 
of a literary, dramatic, musical or artistic work made for the purposes of such publication or made available 
with the consent of the author for the purposes of such publication. 
(7) The right does not apply in relation to-
(a) a work in which Government copyright or Legislative Council copyright subsists; or 
(b) a work in which copyright originally vested in an international organization by virtue of 
section 188, 
unless the author or director has previously been identified as such in or on published copies of the work. 
[cf. 1988 c. 48 s. 79 U.K.] IP/N/1/HKG/C/1 
Page 50 
Chapter: 
Section: 528 
92 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Right to object to 
derogatory treatment of 
work Version Date: 
Right to object to derogatory treatment of work 30/06/1997 
( l) The author of a copyright literary, dramatic, musical or artistic work, and the director of a 
copyright film, has the right in the circumstances mentioned in this section not to have his work subjected to 
derogatory treatment. 
(2) For the purposes of this section-
(a) "treatment" of a work means any addition to, deletion from or alteration to or 
adaptation of the work, other than-
(i) a translation of a literary or dramatic work; or 
(ii) an arrangement or transcription of a musical work involving no more than a change of 
key or register; and 
(b) the treatment of a work is derogatory if it amounts to distortion or mutilation of the work or 
is otherwise prejudicial to the honour or reputation of the author or director, 
and in the following provisions of this section references to a derogatory treatment of a work are construed 
accordingly. 
(3) In the case of a literary, dramatic or musical work the right is infringed by a person who-
(a) publishes commercially, performs in public, broadcasts or includes in a cable programme 
service a derogatory treatment of the work; or 
(b) issues or makes available to the public copies of a film or sound recording of, or including, a 
derogatory treatment of the work. 
( 4) In the case of an artistic work the right is infringed by a person who-
( a) publishes commercially or exhibits in public a derogatory treatment of the work, or 
broadcasts or includes in a cable programme service a visual image of a derogatory 
treatment of the work; 
(b) shows in public a film including a visual image of a derogatory treatment of the work or 
issues or makes available to the public copies of such a film; or 
( c) in the case of-
(i) a work of architecture in the form of a model for a building; 
(ii) a sculpture; or 
(iii) a work of artistic craftsmanship, 
issues or makes available to the public copies of a graphic work representing, or of a 
photograph of, a derogatory treatment of the work. 
(5) Subsection ( 4) does not apply to a work of architecture in the form of a building; but where the 
author of such a work is identified on the building and it is the subject of derogatory treatment he has the 
right to require the identification to be removed. 
(6) In the case of a film, the right is infringed by a person who-
(a) shows in public, broadcasts or includes in a cable programme service a derogatory treatment 
of the film; or 
(b) issues or makes available to the public copies of a derogatory treatment of the film. 
(7) The right conferred by this section extends to the treatment of parts of a work resulting from a 
previous treatment by a person other than the author or director, if those parts are attributed to, or are likely 
to be regarded as the work of, the author or director. 
(8) This section has effect subject to sections 93 and 94 (exceptions to and qualifications ofright). 
[cf. 1988 c. 48 s. 80 U.K.] Chapter: 
Section: 528 
93 Title: 
Heading: IP/N/1/HKG/C/1 
Page 51 
COPYRIGHT ORDINANCE Gazette Number: 
Exceptions to right Version Date: 30/06/1997 
(1) The right conferred by section 92 (right to object to derogatory treatment of work) is subject to 
the following exceptions. 
(2) The right does not apply to a computer program or to any computer-generated work. 
(3) The right does not apply in relation to any work made for the purpose of reporting current 
events. 
( 4) The right does not apply in relation to the publication in­
( a) a newspaper, magazine or similar periodical; or 
(b) an encyclopaedia, dictionary, yearbook or other collective work of reference, 
of a literary, dramatic, musical or artistic work made for the purposes of such publication or made available 
with the consent of the author for the purposes of such publication. 
Nor does the right apply in relation to any subsequent exploitation elsewhere of such a work without 
any modification of the published version. 
(5) The right is not infringed by an act which by virtue of section 66 or 75 (acts permitted on 
assumptions as to expiry of copyright, etc.) would not infringe copyright. 
(6) Subject to subsection (7), the right is not infringed by anything done for the purpose of­
(a) avoiding the commission of an offence; or 
(b) complying with a duty imposed by or under an enactment. 
(7) Where the author or director is identified at the time of the relevant act under subsection (6) or 
has previously been identified in or on published copies of the work, subsection (6) has effect only if there is 
a sufficient disclaimer. 
Chapter: 
Section: 528 
94 Title: 
Heading: [cf. 1988 c. 48 s. 81 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Qualification of right in 
certain cases Version Date: 30/06/1997 
(1) This section applies to-
( a) works in which copyright originally vested in the author's employer by virtue of section 
14(1) (works produced in course of employment); 
(b) works in which Government copyright or Legislative Council copyright subsists; and 
( c) works in which copyright originally vested in an international organization by virtue of 
section 188. 
(2) The right conferred by section 92 (right to object to derogatory treatment of work) does not 
apply to anything done in relation to a work referred to in subsection ( 1) by or with the authority of the 
copyright owner unless the author or director-
( a) is identified at the time of the relevant act; or 
(b) has previously been identified in or on published copies of the work, 
and where in such a case the right does apply, it is not infringed if there is a sufficient disclaimer. 
[ cf. 1988 c. 48 s. 82 U.K.] IP/N/1/HKG/C/1 
Page 52 
Chapter: 
Section: 528 
95 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Infringement of right by Version Date: 30/06/1997 
possessing or dealing with 
infringing article 
(1) The right conferred by section 92 (right to object to derogatory treatment of work) is also 
infringed by a person who-
( a) possesses for the purpose of trade or business; 
(b) sells or lets for hire, or offers or exposes for sale or hire; 
( c) for the purpose of trade or business exhibits in public or distributes; or 
( d) distributes otherwise than for the purpose of trade or business so as to affect prejudicially 
the honour or reputation of the author or director, 
an article which is, and which he knows or has reason to believe is, an infringing article. 
(2) An "infringing article" means a work or a copy of a work which-
(a) has been subjected to derogatory treatment within the meaning of section 92; and 
(b) has been or is likely to be the subject of any of the acts mentioned in that section in 
circumstances infringing that right. 
[ cf. 1988 c. 48 s. 83 U.K.] Chapter: 
Section: 528 
96 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: IP/N/1/HKG/C/1 
Page 53 
False attribution of work Version Date: 30/06/1997 
False attribution of work 
(1) A person has the right in the circumstances mentioned in this section-
(a) not to have a literary, dramatic, musical or artistic work falsely attributed to him as author; 
and 
(b) not to have a film falsely attributed to him as director, 
and in this section an "attribution", in relation to such a work, means a statement (express or 
implied) as to who is the author or director. 
(2) The right is infringed by a person who-
(a) issues or makes available to the public copies of a work of any of those descriptions in or on 
which there is a false attribution; or 
(b) exhibits in public an artistic work, or a copy of an artistic work, in or on which there is a 
false attribution. 
(3) The right is also infringed by a person who-
(a) in the case of a literary, dramatic or musical work, performs the work in public, broadcasts it 
or includes it in a cable programme service as being the work of a person; or 
(b) in the case of a film, shows it in public, broadcasts it or includes it in a cable programme 
service as being directed by a person, 
knowing or having reason to believe that the attribution is false. 
( 4) The right is also infringed by a person who issues or makes available to the public or displays in 
public material containing a false attribution in connection with any of the acts mentioned in subsection (2) 
or (3). 
(5) The right is also infringed by a person who for the purpose of trade or business-
(a) possesses or deals with a copy of a work of any of the descriptions mentioned in subsection 
(1) in or on which there is a false attribution; or 
(b) in the case of an artistic work, possesses or deals with the work itself when there is a false 
attribution in or on it, 
knowing or having reason to believe that there is such an attribution and that it is false. 
(6) In the case of an artistic work the right is also infringed by a person who for the purpose of trade 
or business-
( a) deals with a work which has been altered after the author parted with possession of it as 
being the unaltered work of the author; or 
(b) deals with a copy of such an altered work as being a copy of the unaltered work of the 
author, 
knowing or having reason to believe that that is not the case. 
(7) References in this section to dealing are to selling or letting for hire, offering or exposing for sale 
or hire, exhibiting in public, or distributing. 
(8) This section applies where, contrary to the fact-
( a) a literary, dramatic or musical work is falsely represented as being an adaptation of the work 
of a person; or 
(b) a copy of an artistic work is falsely represented as being a copy made by the author of the 
artistic work, 
as it applies where the work is falsely attributed to a person as author. 
[cf. 1988 c. 48 s. 84 U.K.] IP/N/1/HKG/C/l 
Page 54 
Chapter: 
Section: 528 
97 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Duration of rights Version Date: 30/06/1997 
Supplementary 
(1) The rights conferred by section 89 (right to be identified as author or director) and section 92 
(right to object to derogatory treatment of work) continue to subsist so long as copyright subsists in the 
work. 
(2) The right conferred by section 96 (false attribution) continues to subsist until 20 years after a 
person's death. , 
Chapter: 
Section: 528 
98 Title: 
Heading: [cf. 1988 c. 48 s. 86 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Consent and waiver of 
rights Version Date: 30/06/1997 
( 1) It is not an infringement of any of the rights conferred by this Division to do any act to which the 
person entitled to the right has consented. 
(2) Any of those rights may be waived by instrument in writing signed by the person giving up the 
right. 
(3) A waiver-
(a) may relate to a specific work, to works of a specified description or to works generally, and 
may relate to existing or future works; and 
(b) may be conditional or unconditional and may be expressed to be subject to revocation, 
and if made in favour of the owner or prospective owner of the copyright in the work or works to which it 
relates, it is presumed to extend to his licensees and successors in title unless a contrary intention is 
expressed. 
(4) Nothing in this Division is to be construed as excluding the operation of the general law of 
contract or estoppel in relation to an informal waiver or other transaction in relation to any of the rights 
mentioned in subsection (1). 
Chapter: 
Section: 528 
99 Title: 
Heading: [cf. 1988 c. 48 s. 87 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Application of provisions to Version Date: 30/06/1997 
joint works 
(1) The right conferred by section 89 (right to be identified as author or director) is, in the case of a 
work of joint authorship, a right of each joint author to be identified as a joint author and must be asserted 
in accordance with section 90 by each joint author in relation to himself. 
(2) The right conferred by section 92 (right to object to derogatory treatment of work) is, in the case 
of a work of joint authorship, a right of each joint author and his right is satisfied if he consents to the 
treatment in question. 
(3) A waiver under section 98 of those rights by one joint author does not affect the rights of the 
other joint authors. 
( 4) The right conferred by section 96 (false attribution) is infringed, in the circumstances mentioned 
in that section-
( a) by any false statement as to the authorship of a work of joint authorship; and 
(b) by the false attribution of joint authorship in relation to a work of sole authorship, 
and such a false attribution infringes the right of every person to whom authorship of any description is, 
whether rightly or wrongly, attributed. 
(5) The provisions of this section also apply (with any necessary adaptations) in relation to a film 
which was, or is alleged to have been, jointly directed, as they apply to a work which is, or is alleged to be, 
a work of joint authorship. 
A film is "jointly directed" if it is made by the collaboration of 2 or more directors and the contribution 
of each director is not distinct from that of the other director or directors. 
[cf. 1988 c. 48 s. 88 U.K.] Chapter: 
Section: 528 
100 Title: 
Heading: IP/N/1/HKG/C/1 
Page 55 
COPYRIGHT ORDINANCE Gazette Number: 
Application of provisions to Version Date: 
parts of works 30/06/1997 
(1) The right conferred by section 89 (right to be identified as author or director) applies in relation to 
the whole or any substantial part of a work. 
(2) The rights conferred by section 92 (right to object to derogatory treatment of work) and section 
96 (false attribution) apply in relation to the whole or any part of a work. 
Chapter: 
Section: 528 
101 [ cf. 1988 c. 48 s. 89 U.K.] 
Title: COPYRIGHT ORDINANCE Gazette Number: 
Heading: Assignment and licences Version Date: 
DIVISION V 
DEALINGS WITH RIGHTS IN COPYRIGHT WORKS 
Copyright 30/06/1997 
(1) Copyright is transmissible by assignment, by testamentary disposition or by operation of law, as 
personal or moveable property. 
(2) An assignment or other transmission of copyright may be partial, that is, limited so as to apply­
(a) to one or more, but not all, of the things the copyright owner has the exclusive right to do; 
(b) to part, but not the whole, of the period for which the copyright is to subsist. 
(3) An assignment of copyright is not effective unless it is in writing signed by or on behalf of the 
assignor. 
( 4) A licence granted by a copyright owner is binding on every successor in title to his interest in the 
copyright, except a purchaser in good faith for valuable consideration and without notice (actual or 
constructive) of the licence or a person deriving title from such a purchaser; and references in this Part to 
doing anything with, or without, the licence of the copyright owner are construed accordingly. 
Chapter: 
Section: 528 
102 Title: 
Heading: [cf. 1988 c. 48 s. 90 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Prospective ownership of Version Date: 30/06/1997 
copyright 
(1) Without prejudice to sections 14 and 15, where by an agreement made in relation to future 
copyright, and signed by or on behalf of the prospective owner of the copyright, the prospective owner 
purports to assign the future copyright (wholly or partially) to another person, then if, on the copyright 
coming into existence, the assignee or another person claiming under him would be entitled as against all 
other persons to require the copyright to be vested in him, the copyright vests in the assignee or his 
successor in title by virtue of this subsection. 
(2) In this Part-
"future copyright" means copyright which will or may come into existence in respect of a 
future work or class of works or on the occurrence of a future event; and 
"prospective owner" is construed accordingly, and includes a person who is prospectively 
entitled to copyright by virtue of such an agreement as is mentioned in subsection (1 ). 
(3) A licence granted by a prospective owner of copyright is binding on every successor in title to his 
interest (or prospective interest) in the right, except a purchaser in good faith for valuable consis[eration and 
without notice (actual or constructive) of the licence or a person deriving title from such a purchaser; and 
references in this Part to doing anything with, or without, the licence of the copyright owner are construed 
accordingly. 
[cf. 1988 c. 48 s. 91 U.K.] IP/N/1/HKG/C/l 
Page 56 
Chapter: 
Section: 528 
103 Title: COPYRIGHT ORDINANCE Gazette Number: 
Heading: Exclusive licences Version Date: 30/06/1997 
(1) In this Part an "exclusive licence" means a licence in writing signed by or on behalf 
of the copyright owner authorizing the licensee to the exclusion of all other persons, including the person 
granting the licence, to exercise a right which would otherwise be exercisable exclusively by the copyright 
owner. 
(2) The licensee under an exclusive licence has the same rights against a successor in title who is 
bound by the licence as he has against the person granting the licence. 
Chapter: 
Section: 528 
104 Title: 
Heading: [cf. 1988 c. 48 s. 92 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Copyright to pass under Version Date: 30/06/1997 
will with unpublished work 
Where under a bequest (whether specific or general) a person is entitled, beneficially or otherwise, to­
(a) an original document or other material thing recording or embodying a literary, dramatic, 
musical or artistic work which was not published before the death of the testator; or 
(b) an original material thing containing a sound recording or film which was not published 
before the death of the testator, 
then unless a contrary intention is indicated in the testator's will or a codicil to it, the bequest includes the 
copyright in the work in so far as the testator was the owner of the copyright immediately before his death. 
[cf. 1988 c. 48 s. 93 U.K.] 
Chapter: 
Section: 528 
105 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Moral rights not assignable Version Date: 30/06/1997 
Moral rights 
The rights conferred by Division IV (moral rights) are not assignable. 
[cf. 1988 c. 48 s. 94 U.K.] Chapter: 
Section: 528 
106 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Transmission of moral 
rights on death Version Date: IP/N/1/HKG/C/l 
Page 57 
30/06/1997 
(1) On the death of a person entitled to the right conferred by section 89 (right to identification of 
author or director) or section 92 (right to object to derogatory treatment of work)-
(a) the right passes to such a person as he may by testamentary disposition specifically direct; 
(b) if there is no such direction but the copyright in the work in question forms part of his 
estate, the right passes to the person to whom the copyright passes; and 
(c) if or to the extent that the right does not pass under paragraph (a) or (b) it is exercisable by 
his personal representatives. 
(2) Where copyright forming part of a person's estate passes in part to one person and in part to 
another, as for example where a bequest is limited so as to apply-
(a) to one or more, but not all, of the things the copyright owner has the exclusive right to do or 
authorize; or 
(b) to part, but not the whole, of the period for which the copyright is to subsist, 
any right which passes with the copyright by virtue of subsection ( 1) is correspondingly divided. 
(3) Where by virtue of subsection (l)(a) or (b) a right becomes exercisable by more than one person­
(a) it may, in the case of the right conferred by section 89 (right to identification of author or 
director), be asserted by any of them; 
(b) it is, in the case of the right conferred by section 92 (right to object to derogatory treatment 
of work), a right exercisable by each of them and is satisfied in relation to any of them if he 
consents to the treatment or act in question; and 
( c) any waiver of the right in accordance with section 98 by one of them does not affect the 
rights of the others. 
( 4) A consent or waiver previously given or made binds any person to whom a right passes by virtue 
of subsection (1 ). 
(5) Any infringement after a person's death of the right conferred by section 96 (false attribution) is 
actionable by his personal representatives. 
(6) Any damages recovered by personal representatives by virtue of this section in respect of an 
infringement after a person's death devolve as part of his estate as if the right of action had subsisted and 
been vested in him immediately before his death. 
[cf. 1988 c. 48 s. 95 U.K.] 
Chapter: 
Section: 528 
107 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Infringement actionable by Version Date: 
copyright owner 
DIVISION VI 
REMEDIES FOR INFRINGEMENT 
Rights and remedies of copyright owner 
(1) An infringement of copyright is actionable by the copyright owner. 30/06/1997 
(2) In an action for infringement of copyright all such relief by way of damages, injunctions, 
accounts or otherwise is available to the plaintiff as is available in respect of the infringement of any other 
property right. 
(3) This section has effect subject to the following provisions of this Division. 
[cf. 1988 c. 4.8 s. 96 U.K.] IP/N/1/HKG/C/l 
Page 58 
Chapter: 
Section: 528 
108 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Provisions as to damages in Version Date: 
infringement action 30/06/1997 
(1) Where in an action for infringement of copyright it is shown that at the time of the infringement 
the defendant did not know, and had no reason to believe, that copyright subsisted in the work to which the 
action relates, the plaintiff is not entitled to damages against him, but without prejudice to any other remedy. 
(2) The court may in an action for infringement of copyright having regard to all the circumstances, 
and in particular to-
( a) the flagrancy of the infringement; 
(b) any benefit accruing to the defendant by reason of the infringement; and 
( c) the completeness, accuracy and reliability of the defendant's business accounts and records, 
award such additional damages as the justice of the case may require. 
Chapter: 
Section: 528 
109 Title: 
Heading: [ cf. 1988 c. 48 s. 97 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Order for delivery up Version Date: 30/06/1997 
(I) Where a person-
( a) has an infringing copy of a work in his possession, custody or control for the purpose of 
trade or business; or 
(b) has in his possession, custody or control an article specifically designed or adapted for 
making copies of a particular copyright work, knowing or having reason to believe that it has 
been or is to be used to make infringing copies, 
the owner of the copyright in the work may apply to the court for an order that the infringing copy or atticle 
be delivered up to him or to such other person as the court may direct. 
(2) An application must be made before the end of the period specified in section 110 (period after 
which remedy of delivery up not available); and the court shall not make an order under this section unless 
the court also makes, or it appears to the court that there are grounds for making, an order under section 
111 ( order as to disposal of infringing copy or other article). 
(3) A person to whom an infringing copy or other article is delivered up in pursuance of an order 
under this section shall, if an order under section 111 is not made, retain it pending the making of an order, 
or the decision not to make an order, under that section. 
(4) Nothing in this section affects any other power of the court. 
[cf. 1988 c. 48 s. 99 U.K.] 
Chapter: 
Section: 528 
110 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Period after which remedy Version Date: 
of delivery up not available 30/06/1997 
(1) An application for an order under section 109 (order for delivery up in civil proceedings) may not 
be made after the end of the period of 6 years from the date on which the infringing copy or article in 
question was made, subject to the following provisions of this section. 
(2) If during the whole or any part of that period the copyright owner­
(a) is under a disability; or 
(b) is prevented by fraud or concealment from discovering the facts entitling him to apply for an 
order, 
an application may be made at any time before the end of the period of 6 years from the date on which he 
ceased to be under a disability or, as the case may be, could with reasonable diligence have discovered those 
facts. 
(3) In subsection (2) "disability" has the same meaning as in the Limitation 
Ordinance (Cap 347). 
[ cf. 1988 c. 48 s. 113 U.K.] Chapter: 
Section: 
Remarks: 528 
111 Title: 
Heading: COPYRIGHT ORDINANCE 
Order as to disposal of 
infringing copy or other 
article IP/N/1/HKG/C/1 
Page 59 
Gazette Number: 25 of 1998 s. 2 
Version Date: 01/07/1997 
Amendments retroactively made -see 25 of 1998 s. 2 
(1) An application may be made to the court for an order that an infringing copy or other article 
delivered up in pursuance of an order under section 109 should be-
(a) forfeited to the copyright owner; or 
(b) destroyed or otherwise dealt with as the court may think fit, 
or for a decision that no such order should be made. 
(2) In considering what order (if any) should be made, the court shall consider whether other 
remedies available in an action for infringement of copyright would be adequate to compensate the copyright 
owner and to protect his interests. 
(3) The power to make rules of court under section 54 of the High Court Ordinance (Cap 4) includes 
power to make rules of court for the purposes of this section. (Amended 25 of 1998 s. 2) 
( 4) The rules of court made for the purposes of this section may include rules as to the service of 
notice on persons having an interest in the copy or other articles, and any such person is entitled-
( a) to appear in proceedings for an order under this section, whether or not he was served with 
notice; and 
(b) to appeal against any order made, whether or not he appeared. 
(5) An order under this section does not take effect until the end of the period within which notice of 
an appeal may be given or, if before the end of that period notice of appeal is duly given, until the final 
determination or abandonment of the proceedings on the appeal. 
(6) Where there is more than one person interested in a copy or other article, the court may make 
such order as it thinks just and may (in paiiicular) direct that the copy or article be sold, or otherwise dealt 
with, and the proceeds divided. 
(7) If the court decides that no order should be made under this section, the person in whose 
possession, custody or control the copy or other article was before being delivered up is entitled to its return. 
(8) References in this section to a person having an interest in a copy or other article include any 
person in whose favour an order could be made in respect of it under this section or under section 23 1 
(which makes similar provision in relation to infringement of rights in performances). 
Chapter: 
Section: 528 
112 Title: 
Heading: [cf. 1988 c. 48 s. 114 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Rights and remedies of 
exclusive licensee Version Date: 
Rights and remedies of exclusive licensee 30/06/1997 
(1) An exclusive licensee has, except against the copyright owner, the same rights and remedies in 
respect of matters occurring after the grant of the licence as if the licence had been an assignment. 
(2) His rights and remedies are concurrent with those of the copyright owner; and references in the 
relevant provisions of this Part to the copyright owner shall be construed accordingly. 
(3) In an action brought by an exclusive licensee by virtue of this section a defendant may avail 
himself of any defence which would have been available to him if the action had been brought by the 
copyright owner. 
[cf. 1988 c. 48-s. 101 U.K.] IP/N/1/HKG/C/1 
Page 60 
Chapter: 
Section: 528 
113 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Exercise of concurrent 
rights Version Date: 30/06/1997 
(1) Subject to subsection (2), where an action for infringement of copyright brought by the copyright 
owner or an exclusive licensee relates (wholly or partly) to an infringement in respect of which they have 
concurrent rights of action, the copyright owner or, as the case may be, the exclusive licensee may not, 
without the leave of the court, proceed with the action unless the other is either joined as a plaintiff or added 
as a defendant. 
(2) Where an action for infringement of copyright brought by an exclusive licensee relates (wholly or 
partly) to an infringement in respect of an infringing copy within the meaning of section 35(3), the exclusive 
licensee may not, without the leave of the court, proceed with the action unless the copyright owner is 
joined as a plaintiff. 
(3) In an application for leave under subsection (2) to proceed without joining the copyright owner as 
plaintiff, the court shall not grant leave unless there are exceptional circumstances, other than costs 
considerations, beyond the control of the copyright owner or exclusive licensee. 
( 4) A copyright owner or exclusive licensee who is added as a defendant in pursuance of subsection 
( 1) is not liable for any costs in the action unless he takes part in the proceedings. 
(5) The provisions of this section do not affect the granting of interlocutory relief on an application 
by a copyright owner or exclusive licensee alone. 
(6) Where an action for infringement of copyright is brought which relates (wholly or partly) to an 
infringement in respect of which the copyright owner and an exclusive licensee have or had concurrent 
rights of action-
( a) the court shall in assessing damages take into account-
(i) the terms of the licence; and 
(ii) any pecuniary remedy already awarded or available to either of them in respect of the 
infringement; 
(b) the court shall not direct an account of profits if an award of damages has been made, or an 
account of profits has been directed, in favour of the other of them in respect of the 
infringement; and 
( c) the court shall if an account of profits is directed apportion the profits between them as the 
court considers just, subject to any agreement between them, 
and these provisions apply whether or not the copyright owner and the exclusive licensee are both parties to 
the action. 
(7) The copyright owner shall notify any exclusive licensee having concurrent rights before applying 
for an order under section 109 ( order for delivery up); and the court may on the application of the licensee 
make such order under section 109 as it thinks fit having regard to the terms of the licence. 
Chapter: 
Section: 528 
114 Title: 
Heading: [cf. 1988 c. 48 s. 102 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Remedies for infringement Version Date: 
of moral rights 30/06/1997 
Remedies for infringement of moral rights 
(1) An infringement of a right conferred by Division IV (moral rights) is actionable as a breach of 
statutory duty owed to the person entitled to the right. 
(2) In proceedings for infringement of the right conferred by section 92 (right to object to derogatory 
treatment of work) the court may, if it thinks it is an adequate remedy in the circumstances, grant an 
injunction on terms prohibiting the doing of any act unless a disclaimer is made, in such term~ and in such 
manner as may be approved by the court, dissociating the author or director from the treatment of the work. 
[cf. 1988 c. 48 s. 103 U.K.] Chapter: 
Section: 528 
115 Title: 
Heading: IP/N/1/HKG/C/1 
Page 61 
COPYRJGHT ORDINANCE Gazette Number: 
Presumptions relevant to Version Date: 30/06/1997 
literary, dramatic, musical 
and artistic works 
Presumptions 
(1) The following presumptions apply in proceedings brought by virtue of this Division with respect 
to a literary, dramatic, musical or artistic work. 
(2) Where a name purporting to be that of the author appeared on copies of the work as published or 
on the work when it was made, the person whose name appeared is presumed, until the contrary is proved­
( a) to be the author of the work; 
(b) to have made it in circumstances not falling within section 14(1 ), 182, 184 or 188 (works 
produced in course of employment, Government copyright, Legislative Council copyright or 
copyright of certain international organizations). 
(3) In the case of a work alleged to be a work of joint authorship, subsection (2) applies in relation to 
each person alleged to be one of the authors. 
(4) Where no name purporting to be that of the author appeared as mentioned in subsection (2) but a 
name purporting to be that of the publisher appeared on copies of the work as first published, the person 
whose name appeared is presumed, until the contrary is proved, to have been the owner of the copyright at 
the time of publication. 
(5) If the author of the work is dead or the identity of the author cannot be ascertained by reasonable 
inquiry, it is presumed, in the absence of evidence to the contrary-
( a) that the work is an original work; and 
(b) that the plaintiffs allegations as to what was the first publication of the work and as to the 
country of first publication are correct. 
[cf. 1988 c. 48 s. 104 U.K.] IP/N/1/HKG/C/1 
Page 62 
Chapter: 
Section: 528 
116 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Presumptions relevant to Version Date: 30/06/1997 
sound recordings, films and 
computer programs 
(1) In proceedings brought by virtue of this Division with respect to a sound recording, where copies 
of the recording as issued or made available to the public bear a label or other mark stating-
(a) that a named person was the owner of copyright in the recording at the date of issue or 
making available of the copies; or 
(b) that the recording was first published in a specified year or in a specified country, 
the label or mark is admissible as evidence of the facts stated and is presumed to be correct until the 
contrary is proved. 
(2) In proceedings brought by virtue of this Division with respect to a film, where copies of the film 
as issued or made available to the public bear a statement-
(a) that a named person was the director or producer of the film; 
(b) that a named person was the principal director, the author of the screenplay, the author of 
the dialogue or the composer of music specifically created for and used in the film; 
( c) that a named person was the owner of copyright in the film at the date of issue or making 
available of the copies; or 
(d) that the film was first published in a specified year or in a specified country, 
the statement is admissible as evidence of the facts stated and is presumed to be correct until the contrary is 
proved. 
(3) In proceedings brought by virtue of this Division with respect to a computer program, where 
copies of the program are issued to the public in electronic form or made available to the public bearing a 
statement-
(a) that a named person was the owner of copyright in the program at the date of issue or 
making available of the copies; or 
(b) that the program was first published in a specified country or that copies of it were first 
issued to the public in electronic form or made available to the public in a specified year, 
the statement is admissible as evidence of the facts stated and is presumed to be correct until the contrary is 
proved. 
( 4) The above presumptions apply equally in proceedings relating to an infringement alleged to have 
occurred before the date on which the copies were issued or made available to the public. 
(5) In proceedings brought by virtue of this Division with respect to a film, where the film as shown 
in public, broadcast or included in a cable programme service bears a statement-
(a) that a named person was the director or producer of the film; 
(b) that a named person was the principal director of the film, the author of the screenplay, the 
author of the dialogue or the composer of music specifically created for and used in the film; 
or 
(c) that a named person was the owner of copyright in the film immediately after it was made, 
the statement is admissible as evidence of the facts stated and is presumed to be correct until the contrary is 
proved. 
This presumption applies equally in proceedings relating to an infringement alleged to have occurred 
before the date on which the film was shown in public, broadcast or included in a cable programme service. 
(6) For the purposes of this section, a statement that a person was the director of a film is to be 
taken, unless a contrary indication appears, as meaning that he was the principal director of the film. 
Chapter: 
Section: 528 
117 Title: 
Heading: [cf. 1988 c. 48 s. 105 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Presumptions relevant to Version Date: 30/06/1997 
works subject to 
Government copyright 
In proceedings brought by virtue of this Division with respect to a literary, dramatic or musical work in 
which Government copyright subsists, where there appears on printed copies of the work a statement of the 
year in which the work was first published commercially, that statement is admissible as evidence of the fact 
stated and is presumed to be correct in the absence of evidence to the contrary. 
[cf. 1988 c. 48 s. 106 U.K.] Chapter: 
Section: 528 
118 Title: 
Heading: IP/N/1/HKG/C/1 
Page 63 
COPYRIGHT ORDINANCE Gazette Number: 
Criminal liability for 
making or dealing with 
infringing articles, etc. Version Date: 30/06/1997 
Expanded Cross Reference: 
Sections 115, 116, 117 
Offences 
( 1) A person commits an offence if he, without the licence of the copyright owner­
( a) makes for sale or hire; 
(b) imports into Hong Kong otherwise than for his private and domestic use; 
(c) exports from Hong Kong otherwise than for his private and domestic use; 
( d) possesses for the purpose of trade or business with a view to committing any act infringing 
the copyright; 
( e) for the purpose of trade or business-
(i) sells or lets for hire; 
(ii) offers or exposes for sale or hire; 
(iii) exhibits in public; or 
(iv) distributes; or 
(f) distributes otherwise than for the purpose of trade or business to such an extent as to affect 
prejudicially the owner of the copyright, 
an infringing copy of a copyright work. 
(2) Subsections (1 )(b) and ( c) and ( 4 )(b) and ( c) do not apply to an article in transit. 
(3) It is a defence for the person charged with an offence under subsection (1), to prove that he did 
not know and had no reason to believe that the copy in question was an infringing copy of the copyright 
work. 
(4) A person commits an offence if he­
(a) makes; 
(b) imports into Hong Kong; 
( c) exports from Hong Kong; 
( d) possesses; or 
( e) sells or lets for hire, or offers or exposes for sale or hire, 
an article specifically designed or adapted for making copies of a particular copyright work which article is 
used or intended to be used to make infringing copies of the copyright work for sale or hire or for use for 
the purpose of trade or business. 
(5) It is a defence for the person charged with an offence under subsection ( 4) to prove that he did 
not know and had no reason to believe that the article was used or was intended to be used to make the 
infringing copies for sale or hire or for use for the purpose of trade or business. 
(6) For the purpose of subsections (1 )(b) and (3), where a person is charged with an offence under 
subsection (1) in respect of a copy of a copyright work which is an infringing copy by virtue only of section 
35(3) and not being excluded under section 35( 4), if he proves that-
(a) he had made reasonable enquiries sufficient to satisfy himself that the copy in question was 
not an infringing copy of the work; 
(b) he had reasonable grounds to be satisfied in the circumstances of the case that the copy was 
not an infringing copy; 
( c) there were no other circumstances which would have led him reasonably to suspect that the 
copy was an infringing copy, 
he has proved that he had no reason to believe that the copy in question was an infringing copy of the 
copyright work. 
(7) In determining whether the person charged has proved under subsection (6) that he had no 
reason to believe that the copy in question was an infringing copy of the work, the court may have regard 
to, including but not limited to, the following-IP/N/1/HKG/C/1 
Page 64 
(a) whether he had made enquiries with a relevant trade body in respect of that category of 
work; 
(b) whether he had given any notice drawing attention of the copyright owner or exclusive 
licensee to his interest to import and to sell the copy of the work; 
( c) whether he had complied with any code of practice that may exist in respect of the supply of 
that category of work; 
(d) whether the response, if any, to those enquiries made by the defendant was reasonable and 
timely; 
( e) whether he was provided with the name, address and contact details of the copyright owner 
or exclusive licensee (as the case may be); 
(f) whether he was provided with the date of first day of publication of the work; 
(g) whether he was provided with proof of any relevant exclusive licence. 
(8) A person commits an offence if he has in his possession an article knowing or having reason to 
believe that it is used or is intended to be used to make infringing copies of any copyright work for sale or 
hire or for use for the purpose of trade or business. 
(9) Sections 115 to 117 (presumptions as to various matters connected with copyright) do not apply 
to proceedings for an offence under this section. <* Note-Exp. X-Ref.: Sections 115, 116, 117*> 
Chapter: 
Section: 528 
119 Title: 
Heading: [cf. 1988 c. 48 s. 107 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Penalties for offences under Version Date: 
section 118 30/06/1997 
( 1) A person who commits an offence under section 118(1) is liable on conviction to a fine at level 5 
in respect of each infringing copy and to imprisonment for 4 years. 
(2) A person who commits an offence under section 118(4) or (8) is liable on conviction on 
indictment to a fine of $500000 and to imprisonment for 8 years. 
Chapter: 
Section: 528 
120 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Making infringing copies Version Date: 30/06/1997 
outside Hong Kong, etc. 
Expanded Cross Reference: 
Sections 115, 116, 117 
(1) A person commits an offence if he makes outside Hong Kong, for export to Hong Kong 
otherwise than for his private and domestic use, any article that he knows would, if it were made in Hong 
Kong, constitute an infringing copy of a copyright work. 
(2) A person commits an offence if he makes outside Hong Kong an article specifically designed or 
adapted for making copies of a particular copyright work knowing or having reason to believe that it is to be 
used or is intended to be used in Hong Kong for making an infringing copy of the copyright work for sale or 
hire or for use for the purpose of trade or business. 
(3) A person commits an offence if he makes outside Hong Kong or exports from Hong Kong an 
article specifically designed or adapted for making copies of a particular copyright work, knowing or having 
reason to believe that-
( a) the article is to be used or is intended to be used outside Hong Kong for making another 
article for export to Hong Kong; and 
(b) the latter article mentioned in paragraph (a) would, if it were made in Hong Kong, constitute 
an infringing copy of the copyright work. 
(4) A person who, in Hong Kong or elsewhere, aids, abets, counsels or procures the commission by 
another person of an offence under subsection (1), (2) or (3) commits that offence as a principal. 
(5) The offences under subsections (!), (2) and (3) are without prejudice to the offences under 
section 118. 
(6) A person who commits an offence under subsection (1), (2) or (3) is liable on conviction on 
indictment to a fine of $500000 and to imprisonment for 8 years. 
(7) For the purpose of this section, "article" does not include an article in transit. 
(8) Sections 115 to 117 (presumptions as to various matters connected with copyright) do not apply 
to proceedings for an offence under this section. <* Note-Exp. X-Ref.: Sections 115, 116, 117*> Chapter: 
Section: 528 
120A Title: 
Heading: IP/N/1/HKG/C/1 
Page 65 
COPYRIGHT ORDINANCE Gazette Number: L.N. 235 of 
1998 
Time limit for prosecutions Version Date: 29/05/1998 
No prosecution for an offence under this Ordinance shall be commenced after the expiration of 3 
years from the date of commission of the offence or 1 year from the date of discovery of the offence by the 
prosecutor, whichever is the earlier. 
(Added 22 of 1998 s. 44) IP/N/1/HKG/C/l 
Page 66 
Chapter: 
Section: 528 
121 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Affidavit evidence Version Date: 30/06/1997 
Supplementary 
( 1) An affidavit which purports to have been made by or on behalf of the owner of a copyright work 
and which states-
( a) the date and place that the work was made or first published; 
(b) the name, domicile, residence or right of abode of the author of the work; 
( c) the name of the owner of the work; 
(d) that copyright subsists in the work; and 
( e) that a copy of the work exhibited to the affidavit is a true copy of the work, 
shall, subject to the conditions contained in subsection ( 4), be admitted without further proof in any 
proceedings under this Ordinance. 
(2) Without prejudice to subsection (1), an affidavit which purports to have been made by or on 
behalf of the owner of a copyright work and which-
( a) states-
(i) that the copyright work has been registered with a Copyright Register prescribed under 
subsection (14); and 
(ii) that copyright subsists in the work; and 
(iii) the name of the owner of the work; and 
(b) has exhibited to it a copy of the certificate of registration of the work issued by the authority 
in charge of the Copyright Register certified to be a true copy by a person specified in 
subsection (4)(a), 
shall, subject to the conditions contained in subsection ( 4), be admitted without further proof in any 
proceedings under this Ordinance. 
(3) The court before whom an affidavit which complies with the conditions in subsection (4) is 
produced under subsection (1) or (2) shall presume, in the absence of evidence to the contrary-
(a) that the statements made in the affidavit are true; and 
(b) that it was made and authenticated in accordance with subsection ( 4). 
(4) An affidavit may be tendered in evidence under subsection (1) or (2) if­
(a) it is made on oath-
(i) before a solicitor or a commissioner as defined in the Oaths and Declarations 
Ordinance (Cap. 11 ), if it is made in Hong Kong; or 
(ii) before a notary public, if it is made outside Hong Kong; 
(b) it is authenticated, so far as relates to the making thereof, by the signature of the solicitor, 
commissioner or notary public before whom it is made; 
( c) it contains a declaration by the deponent to the effect that it is true to the best of his 
knowledge and belief; and 
(d) subject to subsection (6), not less than 10 days before the commencement of the hearing at 
which the affidavit is tendered in evidence, a copy of the affidavit is served, by or on behalf 
of the prosecution or plaintiff, on each of the defendants. 
(5) Notwithstanding that an affidavit is admissible as evidence by virtue of this section, a defendant 
or his solicitor may, within 3 days from the service of the copy of the affidavit, serve a notice requiring the 
attendance of the deponent to the affidavit in court. 
(6) The parties may agree before the hearing that the requirements of subsection (4)(d) may be 
dispensed with. 
(7) If an affidavit tendered in evidence under subsection (1) or (2)-
(a) is made in a language other than English or Chinese, it must be accompanied by an English 
or Chinese translation thereof and, unless otherwise agreed by or on behalf of the prosecutor 
or plaintiff and defendant ( or, if more than one, all the defendants), the translation must be 
certified by the court translator; 
(b) refers to any other document as an exhibit, the copy served on any other party to the IP/N/1/HKG/C/1 
Page 67 
proceedings under subsection (4)(d) must be accompanied by a copy of that document or by 
such information as may be necessary in order to enable the party on whom it is served to 
inspect that document or a copy thereof. 
(8) Without prejudice to subsection (5)-
(a) the party by whom or on whose behalf the affidavit was served may call the deponent to 
give evidence; and 
(b) the court may of its own motion or, if the defendant who has served a notice under 
subsection (5) satisfies the court that the subsistence or ownership of the copyright is 
genuinely in issue, either before or during the hearing, require the deponent to attend before 
the court and give evidence. 
(9) Without prejudice to subsection (8)(a), a deponent of an affidavit which is admissible under this 
section shall attend before the court and give evidence if, and only if, the court so requires under subsection 
(8)(b ). 
(10) So much of an affidavit as is admitted in evidence by virtue of this section is, unless the court 
otherwise directs, to be read aloud at the hearing and where the court so directs an account is to be given 
orally of so much of any affidavit as is not read aloud. 
(11) Any document or object referred to as an exhibit and identified in an affidavit admitted in 
evidence under this section is treated as if it had been produced as an exhibit and identified in court by the 
deponent. 
(12) A document required by this section to be served on any person may be served­
(a) by delivering it to him or to his solicitor; or 
(b) in the case of a body corporate, by delivering it to the secretary or clerk of the body at its 
registered or principal office or by sending it by registered post addressed to the secretary or 
clerk of that body at that office. 
(13) Without prejudice to the powers of the court to award costs, the court may award costs against a 
defendant who-
( a) was served with an affidavit described in subsection (1) or (2); 
(b) by himself or through his solicitor served a notice under subsection (5); and 
( c) was subsequently convicted of the relevant offence or found liable for the infringement, as 
the case may be. 
(14) In awarding awards under subsection (13), the court shall have regard to the actual costs incurred 
by the prosecution or plaintiff as a result of the notice under subsection ( 5) served by the defendant and the 
court may award costs under subsection (13) exceeding the limit of costs, if any, which that court may 
award. 
(15) For the purpose of subsection (1 )( e ), where the work is a computer program, whether in source 
codes or object codes, a copy of the program only in the form of object codes is also regarded as a true 
copy of the program. 
( 16) The Secretary for Trade and Industry may by regulation prescribe the Copyright Registers for the 
purpose of subsection (2). 
(17) In this section, "court" includes a magistrate. IP/N/1/HKG/C/1 
Page 68 
Chapter: 
Section: 528 
122 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: L.N. 235 of 
1998 
Powers of investigating 
officers Version Date: 29/05/1998 
(1) An authorized officer may-
(a) (i) subject to section 123, enter and search any place; (Amended 22 of 1998 s. 45) 
(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 ( other than a military vehicle), 
in which he reasonably suspects that there is-
(A) an article which is an infringing copy of a copyright work; 
(B) an article specifically designed or adapted for making copies of a particular copyright 
work which article is used or intended to be used for making infringing copies of any 
such work; or 
(C) anything which appears to him to be or to contain, or to be likely to be or to contain, 
evidence of an offence under this Part; and 
(b) seize, remove or detain-
(i) any article which appears to him to be an infringing copy of a copyright work or an 
article specifically designed or adapted for making copies of a particular copyright 
work which appears to him to be intended for use for making infringing copies of any 
such work; 
(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 this Part; and 
(iii) any vessel, aircraft or vehicle ( other than a ship of war or a military aircraft or vehicle) 
which he reasonably suspects to be or, has been used in connection with an offence 
under this Part. 
(2) An authorized officer may-
(a) break into and forcibly enter any place which he is empowered or authorized by this Part to 
enter and search; (Amended 22 of 1998 s. 45) 
(b) forcibly board any vessel, aircraft or vehicle which he is empowered by this Part 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 Part; 
( d) detain any person found in any place which he is empowered or authorized by this Part to 
search until such place has been searched; 
(e) prevent any person from approaching or boarding any vessel, aircraft or vehicle which he is 
empowered by this Part to stop, board and search until it has been searched. 
(3) An authorized officer may call upon any authorized officer to assist him in the exercise of any of 
his powers under this section. (Added 22 of 1998 s. 45) 
Chapter: 528 Title: COPYRIGHT ORDINANCE Gazette Number: L.N. 235 of 
1998 
Section: 123 Heading: Authority to issue warrant Version Date: 29/05/1998 
for entry and search 
(1) A magistrate may, if he is satisfied by information on oath that there are reasonable grounds for 
suspecting that there is in any place any article or thing which may be seized, removed or detained under 
section 122(1)(b), issue a warrant authorizing an authorized officer to enter and search the place. 
(2) Subject to subsection (3), an authorized officer shall not enter and search any place under section 
122(l)(a)(i) except under the authority of a warrant issued under this section. 
(3) An authorized officer may enter and search any place under section 122(l)(a)(i) without a 
warrant issued under this section if the delay necessary to obtain a warrant could result in the loss or 
destruction of evidence or for any other reason it would not be reasonably practicable to obtain a warrant. 
(Replaced 22 of 1998 s. 46) Chapter: 
Section: 528 
124 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Obstruction of investigating Version Date: 
officers IP/N/1/HKG/C/1 
Page 69 
30/06/1997 
(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 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 this Ordinance, 
is guilty of an offence and is liable on conviction to a fine at level 4 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 this Ordinance, knowingly gives false or misleading 
information to any such authorized officer is guilty of an offence and is liable on conviction to a fine at level 
4 and to imprisonment for 3 months. 
(3) Nothing in this section requires any person to give any information which may incriminate him. 
Chapter: 
Section: 528 
125 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Liability of persons other Version Date: 30/06/1997 
than principal offender 
(1) Where a body corporate commits an offence under this Ordinance in respect of any act which is 
shown to have been committed 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 the 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 its 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 of 
the body corporate. 
(3) Where an offence under this Ordinance committed by a partner in a partnership is proved to have 
been committed with the consent or connivance of, or to be attributable to 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 the management of the partnership commits the like offence. IP/N/1/HKG/C/1 
Page 70 
Chapter: 
Section: 
Remarks: 528 
126 Title: 
Heading: COPYRIGHT ORDINANCE 
Disclosure of information, 
etc. Gazette Number: 25 of 1998 s. 2 
Version Date: 01/07/1997 
Amendments retroactively made -see 25 of 1998 s. 2 
(1) Where any article seized or detained under section 122 is, or is reasonably suspected by the 
Commissioner to be-
( a) an infringing copy of a copyright work; or 
(b) an article specifically designed or adapted for making copies of a particular copyright work 
which has been used, or is intended to be used, for the making of infringing copies of any 
such work, 
the Commissioner shall, wherever reasonably practicable, notify the owner of the copyright in question or 
his authorized agent of the seizure or detention, as the case may be. 
(2) In the circumstances specified in subsection (1), the Commissioner may disclose to the owner of 
the copyright or to his authorized agent-
( a) the time, and the address or place, of seizure or detention of the article; 
(b) the name and address of the person from whom the article has been seized or detained; 
( c) the nature and quantity of articles seized or detained; 
( d) any statement made to the Commissioner or an authorized officer by the person in 
connection with the seizure or detention, either with the prior consent in writing of that 
person or without such consent where the person is dead or cannot after reasonable 
enquiries by the Commissioner as to his whereabouts be found by the Commissioner; and 
( e) any other information or document relating to the article seized or detained which the 
Commissioner thinks fit to disclose. 
(3) The owner of the copyright or his authorized agent-
(a) where he seeks disclosure of any information or document that is not referred to in 
subsection (2); or 
(b) where information or a document that is referred to in subsection (2) is not disclosed by the 
Commissioner, 
may apply to the Court of First Instance for an order requiring the Commissioner to disclose such 
information or document and the Court of First Instance may on such an application make such order for 
disclosure as it thinks fit. (Amended 25 of 1998 s. 2) 
(4) An application under subsection (3) may be begun by motion with previous notice to the 
Commissioner. 
Chapter: 
Section: 528 
127 Title: 
Heading: COPYRlGHT ORDINANCE Gazette Number: 
Protection of informers in Version Date: 
criminal proceedings 30/06/1997 
(1) Save where, in the opinion ofthe court,justice so requires, the name or identity of any informer 
and the information given by such infonner shall not be disclosed in any criminal proceedings under this 
Part. 
(2) The court may make any order and adopt any procedure necessary to prevent any such 
disclosure. Chapter: 
Section: 528 
128 Title: 
Heading: IP/N/1/HKG/C/1 
Page 71 
COPYRIGHT ORDINANCE Gazette Number: 
Inspection of articles, 
release of samples, etc. Version Date: 30/06/1997 
(1) Where an article seized or detained under section 122 is, or is reasonably suspected by the 
Commissioner to be-
( a) an infringing copy of a copyright work; or 
(b) an article specifically designed or adapted for making copies of a particular copyright work 
which has been used, or is intended to be used, for the making of infringing copies of any 
such work, 
the Commissioner or an authorized officer may give the owner of the copyright work in question or his 
authorized agent or the person from whom the article was seized sufficient opportunity to inspect the article 
for the purposes of ascertaining whether the article is an infringing copy of the copyright work or is an article 
specifically designed or adapted for making infringing copies of the copyright work. 
(2) Where more than one article is seized or detained under section 122, the Commissioner or an 
authorized officer may permit the owner of the copyright or his authorized agent or the person from whom 
the articles were seized or detained to remove samples of the seized or detained articles if the Commissioner 
or authorized officer considers it necessary for the purpose of ascertaining whether the articles are infringing 
copies of the copyright work or are articles specifically designed or adapted for making copies of the 
copyright work on condition that the owner or agent or person, as the case may be, gives the Commissioner 
or authorized officer the requisite undertakings. 
(3) For the purposes of subsection (2), the requisite undertakings are undertakings in writing that the 
person giving the undertaking will-
(a) return the samples to the Commissioner or authorized officer at a specified time that is 
satisfactory to the Commissioner or authorized officer; and 
(b) take reasonable care to prevent unnecessary damage to the samples. 
( 4) If the Commissioner or an authorized officer permits the inspection of any seized or detained 
article, or the removal of a sample, by the copyright owner or his agent or the person from whom the article 
was seized in accordance with this section, the Government is not liable to the person from whom the article 
was seized or detained for any loss or damage suffered by him arising out of-
Chapter: 
Section: ( a) damage to any article incurred during the inspection; or 
(b) anything done by the copyright owner or any other person to, or in relation to, a sample 
removed by the copyright owner, his agent or the person or any use made by the owner or 
the person of such sample. 
528 
129 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Multilateral co-operation Version Date: 30/06/1997 
. The Commissioner may, for the purpose of promoting multi-lateral co-operation in the protection of 
mtellectual property rights, disclose information obtained in pursuance of this Ordinance to the customs 
authorities or other authorities responsible for the enforcement of intellectual property rights of-
( a) any country, territory or area which is, at the relevant time, a member of the World Trade 
Organization; or 
(b) such other country, territory or area as the Commissioner thinks fit. IP/N/1/HKG/C/1 
Page 72 
Chapter: 
Section: 
Remarks: 528 
130 Title: 
Heading: COPYRIGHT ORDINANCE 
Offences relating to 
disclosure of information Gazette Number: 25 of 1998 s. 2 
Version Date: 01/07/1997 
Amendments retroactively made -see 25 of 1998 s. 2 
(1) Subject to subsection (2), any person who discloses to any other person any information obtained 
by him in pursuance of this Ordinance commits an offence unless the disclosure was made-
( a) for the purpose of the performance by him or any other person of functions 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-
(a) disclosing information under section 126(1) or (2) or under an order of the Court of First 
Instance under section 126(3); 
(b) disclosing information under section 129; 
( c) disclosing information under section 140(1) or under an order of the Court of First Instance 
made under section 140(2); or 
( d) disclosing information under section 267(1) or under an order of the Court of First Instance 
made under section 267(2). (Amended 25 of 1998 s. 2) 
(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. Chapter: 
Section: 
Remarks: 528 
131 Title: 
Heading: IP/N/1/HKG/C/1 
Page 73 
COPYRIGHT ORDINANCE Gazette Number: 22 of 1999 
Seized articles, etc. liable to Version Date: 01/07/1997 
forfeiture 
Amendments retroactively made -see 22 of 1999 s. 3 
(1) Any article, vessel, aircraft, vehicle or thing seized or detained by an authorized officer under 
section 122 is liable to forfeiture in accordance with the following provisions whether or not any person has 
been charged of an offence under section 118 or 120. 
(2) The Commissioner shall, subject to subsection (3) and not later than 30 days beginning on the 
date of the seizure or detention of the article, vessel, aircraft, vehicle or thing serve notice of the seizure or 
detention on a person who was to the knowledge of the Commissioner at the time of, or immediately after 
seizure or detention, an owner of the article, vessel, aircraft, vehicle or thing. 
(3) Subsection (2) does not apply if the article, vessel, aircraft, vehicle or thing was seized or 
detained in the presence of-
( a) an owner, or an employee or agent of the owner, of the article, vessel, aircraft, vehicle or 
thing; 
(b) the person whose offence or suspected offence gave rise to the seizure or detention; or 
( c) in the case of a vessel, aircraft or vehicle, the master or person in charge. 
(4) A notice given under subsection (2) is deemed to have been duly served if-
(a) it is delivered to the person on whom it is served; 
(b) it is sent by registered post addressed to such person at the place of residence or business of 
such person, if any, known to the Commissioner; or 
(c) where it cannot be served in accordance with paragraph (a) or (b), the notice is exhibited at 
the Customs and Excise Department, in a place to which the public have access, for a period 
of not less than 7 days commencing within 30 days from the date of the seizure or detention 
of the article, vessel, aircraft, vehicle or thing. 
(5) If an article, vessel, aircraft, vehicle or thing is liable to forfeiture under subsection (1), the owner 
or the authorized agent of the owner thereof, or a person who was in possession thereof at the time of 
seizure or detention, or a person who has a legal or equitable interest in it, may within 30 days beginning-
(a) on the date of the seizure or detention; or 
(b) where the notice under subsection (2) is-
(i) served by delivery to the person to be served, on the date of service; or 
(ii) sent by registered post, 2 days after the date of posting; or 
(iii) exhibited as described in subsection ( 4 )( c ), on the first day it is so exhibited, 
give notice in writing to the Commissioner of his full name and address for service in Hong Kong and claim 
that the article, vessel, aircraft, vehicle or thing is not liable to forfeiture. 
(6) A claimant may withdraw a notice of a claim at any time by notice in writing to the 
Commissioner. 
(7) Except where a person is charged with an offence under section 118 or 120 in connection with 
the seized or detained article, vessel, aircraft, vehicle or thing, if on the date of the expiration of the 
appropriate period of time specified in subsection (5) for the giving of a notice of claim no such notice has 
been given in writing to the Commissioner, the article, vessel, aircraft, vehicle or thing is forfeited forthwith 
to the Government. (Amended 22 of 1999 s. 3) IP/N/1/HKG/C/1 
Page 74 
Chapter: 
Section: 
Remarks: 528 
132 Title: 
Heading: COPYRIGHT ORDINANCE 
Disposal of articles, etc. 
where a person is charged Gazette Number: 22 of I 999 
Version Date: 01/07/1997 
Amendments retroactively made -see 22 of I 999 s. 3 
Without prejudice to section 131, where a person is charged with an offence under section 118 or 120 
the court may, if it is satisfied that any article, vessel, aircraft, vehicle or thing seized or detained by an 
authorized officer under section 122 in connection with the offence-
(a) is an infringing copy of a copyright work; 
(b) is an article specifically designed or adapted for making copies of a particular copyright work 
which article has been used, or is intended to be used, for making infringing copies of any 
such work; or 
( c) has been used in connection with any offence under this Ordinance, 
order that the article, vessel, aircraft, vehicle or thing be-
(i) forfeited to the Government; (Amended 22 of 1999 s. 3) 
(ii) delivered up to the person who appears to the court to be the owner of the copyright 
concerned; 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. Chapter: 528 Title: 
Section: 133 Heading: 
Remarks: COPYRIGHT ORDINANCE 
Determination of 
application for forfeiture IP/N/1/HKG/C/1 
Page 75 
Gazette Number: 25 of 1998; 22 
ofl999 
Version Date: 01/07/1997 
Amendments retroactively made -see 25 of 1998 s. 2; 22 of 1999 s. 3 
(1) Where a notice of claim is given under section 131, the Commissioner or an authorized officer 
shall apply to a magistrate, the District Court or the Court of First Instance for the forfeiture of the article, 
vessel, aircraft, vehicle or thing unless the Commissioner is satisfied, within a reasonable period after the 
receipt of the notice of claim, that, on the basis of the evidence of the case, the article, vessel, aircraft, 
vehicle or thing concerned should be delivered to the claimant. (Amended 25 of 1998 s. 2) 
(2) The Commissioner or authorized officer shall state in the application the name ,and address of the 
claimant. 
(3) Where an application under subsection (1) is made to a magistrate, the magistrate shall issue a 
summons to the claimant, requiring him to appear before a magistrate upon the hearing of the application, 
and shall cause a copy of such summons to be served upon the Commissioner. 
( 4) Where an application under subsection (1) is made to the District Court or the Court of First 
Instance, it may be begun by motion. (Amended 25 of 1998 s. 2) 
(5) Where the claimant is the defendant in criminal proceedings under section 118 or 120 in 
connection with the seized or detained article, vessel, aircraft, vehicle or thing and there is no other claimant, 
on an application made in that behalf by the Commissioner, the court may hear the forfeiture application 
immediately following the criminal proceedings and for the purposes of a hearing under this subsection, any 
requirement in respect of the issue or service of a summons or any notice of the hearing under or by virtue 
of subsection (3) or (4), as the case may be, does not apply. 
(6) Where there is more than one claimant and one of them is the defendant in criminal proceedings 
under section 118 or 120 in connection with the seized or detained article, vessel, aircraft, vehicle or thing, 
on an application made in that behalf by the Commissioner, the court may hear the forfeiture application 
immediately following the criminal proceedings. 
(7) If, upon the hearing of an application under subsection (1 ), the claimant or some other person 
who, though not the claimant, was, or would have been, entitled to make a claim under section 131(5), 
appears before a court, the court shall hear the application. 
(8) A court may, at the hearing of a forfeiture application, or at an adjourned hearing, hear a person­
(a) who has not been served with a notice of seizure or detention and was not present when an 
article, vessel, aircraft, vehicle or thing, was seized or detained or whose identity was not 
known to the Commissioner at the time of, or immediately after, seizure or detention; and 
(b) who appears to the court to have a right to claim ownership of, or a legal or equitable 
interest in, the article, vessel, aircraft, vehicle or thing, 
on his claim as to why it should not be forfeited. 
(9) If, upon the hearing of an application under subsection (1 ), neither the claimant nor any person 
who, though not the claimant, was, or would have been, entitled to make a claim under section 131 ( 5), 
appears before a court and the court is satisfied-
( a) that the summons or the notice of the hearing (if any) required to be served under 
subsection (3) or ( 4 ), as the case may be, was served; 
(b) that a person at the address for service or a solicitor nominated to accept service on behalf 
of a claimant has refused to accept service of the summons or notice of the hearing referred 
to in paragraph (a); or 
( c) that the address for service given to the Commissioner is inadequate for the purpose of 
effecting service of the summons or the notice of hearing referred to in paragraph (a), 
the court shall hear and determine the application without requiring further inquiry as to the whereabouts of 
the claimant. 
(10) An application under subsection (1) to a magistrate is deemed to be a complaint for the purposes 
of section 8 of the Magistrates Ordinance (Cap 227). IP/N/1/HKG/C/1 
Page 76 
(11) Without prejudice to section 132, upon the hearing of an application under subsection (1) a court 
shall order that the article, vessel, aircraft, vehicle or thing, as the case may be, be forfeited to the 
Government where the court is satisfied that it is liable to forfeiture, and, if appropriate, that-(Amended 22 
of 1999 s. 3) 
(a) the person who appears before the court fails to satisfy the court that he was, or would have 
been, entitled to make a claim under section 131 ( 5) in respect of the seized or detained 
article, vessel, aircraft, vehicle or thing; and 
(b) no other person appears before the court and satisfies that he was, or would have been, 
entitled to make such claim. 
(12) Without prejudice to section 132, upon the hearing of an application under subsection (1), in any 
case other than a case referred to in subsection (11) a court may, if it is satisfied-
(a) that a person is, or would have been, entitled to make a claim under section 131(5) in 
respect of the seized or detained article, vessel, aircraft, vehicle or thing; and 
(b) that the article, vessel, aircraft, vehicle or thing is liable to forfeiture, 
order that the article, vessel, aircraft, vehicle or thing-
(i) be forfeited to the Government; (Amended 22 of 1999 s. 3) 
(ii) subject to subsection (13), be delivered to the claimant subject to any condition which it 
may specify in the order; or 
(iii) be disposed of in such manner and subject to such condition as it may specify in the order. 
(13) The court shall not make an order under subsection (12)(ii) in respect of an article unless the 
claimant satisfies the court that the article is not an infringing copy of any copyright work or, as the case 
may be, is not an article specifically designed or adapted to make copies of any particular copyright work 
which article is used or is intended to be used, for making infringing copies of any such work. 
(14) If, after a court has ordered that an article, vessel, aircraft, vehicle or thing be delivered to ape 
rson, that person cannot be found or refuses to accept it, the Commissioner may apply to a court which 
may-
(a) order that the article, vessel, aircraft, vehicle or thing be forfeited to the Government; or 
(Amended 22 of 1999 s. 3) 
(b) make any such other order as the court considers fit in the circumstances. 
( 15) Unless the context otherwise requires, a reference to a court in this section or section 132 
includes a reference to a magistrate. 
Chapter: 
Section: 
Remarks: 528 
134 Title: 
Heading: COPYRIGHT ORDINANCE 
Jurisdiction of District 
Court Gazette Number: 25 of 1998 s. 2 
Version Date: 01/07/1997 
Amendments retroactively made -see 25 of 1998 s. 2 
(1) The District Court may entertain proceedings under-
(a) section 109 (order for delivery up of infringing copy or other article); 
(b) section 111 ( order as to disposal of infringing copy or other article); or 
( c) section 113(7) ( order as to exercise of rights by copyright owner where exclusive licensee 
has concurrent rights), 
where the value of the infringing copies, or the alleged infringing copies, and other articles in question does 
not exceed the limit for actions in tort set out in section 32 of the District Court Ordinance (Cap 336). 
(2) Nothing in this section affects the jurisdiction of the Court of First Instance. (Amended 25 of 
1998 s. 2) 
[cf. 1988 c. 48 s. 115 U.K.] Chapter: 
Section: 528 
135 Title: 
Heading: I_f>/1'l"/l/I-{](_G/C:/1 
_f>age 77 
COPYRIGHT ORDINANCE Gazette Number: 
Definitions Version Date: 30/06/1997 
DIVISION VII 
_f>ROCEEDINGS RELATING TO IM_f>ORTATION OF INFRINGING ARTICLES 
In this Division-
"detention order" means an order made under section 137(1); 
"right holder" means the owner or exclusive licensee of the copyright that subsists in a 
work under this Ordinance. 
Chapter: 
Section: 
Remarks: 528 
136 Title: 
Heading: COPYRIGHT ORDINANCE 
Application for detention 
order Gazette Number: 25 of 1998 s. 2 
Version Date: 01/07/1997 
Amendments retroactively made -see 25 of 1998 s. 2 
(1) A right holder may apply to the Court of First Instance for an order under section 137(1) where 
he has reasonable grounds for suspecting that the importation of an article that constitutes an infringing copy 
of the work in respect of which he is a right holder may take place. (Amended 25 of 1998 s. 2) 
(2) An application under subsection (1) may be made ex parte but with previous notice to the 
C:ommissioner. 
(3) An application under subsection (1) must be in such form as is prescribed by rules of court and 
must be supported by an affidavit of the right holder which-
( a) states that at the time the application is made copyright subsists under this _f>art in the work 
in question; 
(b) states whether the deponent is the owner or the exclusive licensee of the copyright; 
( c) where the deponent purports to be the exclusive licensee, states the facts and exhibits such 
documents relied upon by the deponent to establish that he is the exclusive licensee; 
( d) states that a copy of the work exhibited to the affidavit is an authorized copy of the work; 
( e) states the grounds for the application, including the facts relied upon by the deponent as 
showing that the article in question is prima facie an infringing copy; 
(f) sets out a sufficiently detailed description of the article in question to make it readily 
recognizable by the Commissioner; 
(g) sets out particulars regarding the expected mode of transportation and the expected date of 
importation and, if available, particulars identifying the importer; and 
(h) sets out such other information and exhibits such other documents as may be prescribed by 
rules of court. 
(4) No application may be made under subsection (1) with respect to an article in transit. 
(5) No application may be made under subsection (1) with respect to the importation by a person of 
an article for his private and domestic use. 
(6) Section 121 applies in respect of an affidavit made in accordance with subsection (3) by the 
exclusive licensee of the copyright that subsists in a work under this _f>art in the same manner as it would 
apply if the affidavit were made by the owner of the copyright. IP/N/1/HKG/C/1 
Page 78 
Chapter: 
Section: 
Remarks: 528 
137 Title: COPYRIGHT ORDINANCE Gazette Number: 25 of 1998 s. 2 
Heading: Issuance of detention order Version Date: 01/07/1997 
Amendments retroactively made -see 25 of 1998 s. 2 
(1) Where, on the hearing of an application made under section 136, the right holder presents 
adequate evidence to satisfy the Court of First Instance that the article in question is prima facie an 
infringing copy, the Court of First Instance may make an order directing the Commissioner or an authorized 
officer to take reasonable measures to seize or detain the article on or after its importation. 
(2) The Court of First Instance may require the right holder to provide security or an equivalent 
assurance in an amount sufficient to protect the importer and any other person having an interest in the 
article to be seized or detained, including the consignee and the owner of the article, from any Joss or 
damage that may be incurred in the event that the seizure or detention is wrongful or the article is released 
to the importer under section 138(6). 
(3) A detention order may contain such terms and conditions as the Court of First Instance considers 
appropriate. 
( 4) The Court of First Instance shall not make a detention order with respect to any article that has 
been seized or detained by, and that is in the custody of, the Commissioner or an authorized officer 
pursuant to any Jaw. 
(5) Where the Commissioner or an authorized officer seizes or detains an article pursuant to any law, 
other than this Division or Division III of Part III, any detention order made with respect to that article 
ceases to have effect. 
( 6) Where the Court of First Instance makes a detention order, the right holder shall forthwith serve 
a copy of the order on the Commissioner. 
(7) A detention order has effect from the date on which it is made or such later date as may be 
specified by the Court of First Instance and ceases to have effect 60 days from that date unless the 
Commissioner or an authorized officer has, pursuant to the order and within that period, seized or detained 
any article to which the order applies. 
(Amended 25 of 1998 s. 2) Chapter: 
Section: 
Remarks: 528 
138 Title: 
Heading: IP/N/1/HKG/C/1 
Page 79 
COPYRIGHT ORDINANCE Gazette Number: 25 of 1998 s. 2 
Enforcement of detention Version Date: 01/07/1997 
order 
Amendments retroactively made -see 25 of 1998 s. 2 
(1) Where a detention order is served on the Commissioner, the Commissioner or an authorized 
officer shall, subject to the terms and conditions of the order, seize or detain any article to which the order 
applies. 
(2) The right holder shall-
( a) supply to the Commissioner or an authorized officer sufficient information on the article and 
the particular importation to render the article recognizable and the shipment or particular 
importation identifiable and any other information the Commissioner or an authorized officer 
may reasonably require for the purpose of carrying out the detention order; 
(b) deposit with the Commissioner an amount that is, in the opinion of the Commissioner, 
sufficient to reimburse the Government for the costs likely to be incurred in connection with 
the carrying out of the detention order; and 
( c) upon notification in writing by the Commissioner or an authorized officer of the seizure or 
detention of the article, provide such storage space and other facilities as he may require. 
(3) The Commissioner or an authorized officer may refuse to carry out the detention order if the 
right holder fails to comply with subsection (2). 
(4) The Commissioner may, after giving written notice to the right holder, apply to the Court of First 
Instance for directions in carrying out the detention order, and the Court of First Instance may, after giving 
the right holder an opportunity to be heard, give such directions as it thinks fit. (Amended 25 of 1998 s. 2) 
(5) The Commissioner or an authorized officer shall forthwith after an article is seized or detained 
pursuant to a detention order, give written notice of the seizure or detention to­
(a) the right holder; 
(b) the importer; and 
( c) any other person to whom notice is required to be given by the terms of the order. 
(6) Subject to subsection (7) and to any law authorizing the Commissioner or an authorized officer to 
seize or detain articles, the Commissioner or an authorized officer shall release any article that has been 
seized or detained pursuant to a detention order to the importer if the right holder has not, within a period of 
10 days after notice of the seizure or detention is given to the right holder, notified the Commissioner in 
writing that an action for infringement in respect of the article has been brought under this Part. 
(7) The Court of First Instance may, on application by the right holder, after giving the 
Commissioner and each person to whom notice is required to be given under subsection (5) an opportunity 
to be heard, extend the period referred to in subsection (6) by a period not exceeding an additional 10 days if 
it is satisfied that the request for the extension is reasonable. (Amended 25 of 1998 s. 2) 
(8) In proceedings under subsection (7), the Court of First Instance may require the right holder to 
provide security or an equivalent assurance in addition to that provided in accordance with section 137(2). 
(Amended 25 of 1998 s. 2) 
(9) Where the right holder has, within the period referred to in subsection (6), as may be extended 
under subsection (7), notified the Commissioner in writing that an action for infringement in respect of the 
article has been brought under this Part, the Commissioner or an authorized officer shall retain custody of 
the article subject to the direction of the court in the infringement proceedings. 
(10) No public holiday, gale warning day or black rainstorm warning day is reckoned in the 
computation of the period referred to in subsection (6), as may be extended under subsection (7). 
(11) In this section-
"black rainstorm warning day" means any day throughout or for part of which a 
black rainstorm warning is in force, and "black rainstorm warning" means a 
warning issued by the Director of the Royal Observatory of a heavy rainstorm in, or in the vicinity of, 
Hong Kong by the use of the heavy rainstorm signal commonly referred to as Black; IP/N/1/HKG/C/1 
Page 80 
"gale warning day" means any day throughout or for part of which a gale warning is in 
force, and "gale warning" has the meaning assigned to it by section 2 of the Judicial 
Proceedings (Adjournment During Gale Warnings) Ordinance (Cap 62). 
Chapter: 
Section: 
Remarks: 528 
139 Title: COPYRIGHT ORDINANCE Gazette Number: 25 of 1998 s. 2 
Heading: Variation or setting aside of Version Date: 01/07/1997 
detention order 
Amendments retroactively made -see 25 of 1998 s. 2 
(1) The Commissioner or the right holder may at any time apply to the Court of First Instance to 
vary the detention order. 
(2) The importer or any other person affected by the detention order may at any time apply to the 
Court of First Instance to vary or set aside the order. 
(3) A person who makes an application under subsection (1) or (2) shall give to the other parties 
such notice of the day fixed for the hearing of the application as a judge of the Court of First Instance may 
order. 
(4) On the hearing of an application under subsection (1) or (2) to vary the detention order, the 
Court of First Instance may vary the order in such manner as it thinks just. 
(5) On the hearing of an application under subsection (2) to set aside the detention order, the Court 
of First Instance may set aside the order on such terms and conditions as it thinks just. 
(6) For the purposes of subsection (3)-
Chapter: 
Section: 
Remarks: (a) the parties to an application under subsection (1) are the Commissioner, the right holder and, 
if the article in question has been seized or detained pursuant to the detention order, the 
importer and any other person to whom notice is required to be given under section 138(5); 
and 
(b) the parties to an application under subsection (2) are the Commissioner, the right holder, the 
applicant and the importer, if the importer is not the applicant. 
528 
140 Title: 
Heading: (Amended 25 of 1998 s. 2) 
COPYRIGHT ORDINANCE Gazette Number: 25 of 1998 s. 2 
Disclosure of information Version Date: 01/07/1997 
Amendments retroactively made -see 25 of 1998 s. 2 
(1) Where an article is seized or detained pursuant to a detention order, the Commissioner may 
disclose to the right holder-
( a) the names and addresses of the importer, the consignor and the consignee; 
(b) the nature and quantity of articles seized or detained pursuant to the order; 
( c) any statement made to the Commissioner or an authorized officer by any person in 
connection with the seizure or detention, either with the prior consent in writing of that 
person or without such consent where the person is dead or cannot after reasonable 
enquiries by the Commissioner as to his whereabouts be found by the Commissioner; and 
( d) any other information or document relating to any article seized or detained pursuant to the 
order which the Commissioner thinks fit to disclose. 
(2) Where the right holder seeks disclosure of-
(a) any information or document that is not referred to in subsection (1); or 
(b) any information or document that is referred to in subsection (1) but which the 
Commissioner has not disclosed, 
he may apply to the Court of First Instance for an order requiring the Commissioner to disclose such 
information or document and the Court of First Instance may on such an application make such order for 
disclosure as it deems fit. (Amended 25 of 1998 s. 2) 
(3) An application under subsection (2) may be begun by motion with previous notice to the 
Commissioner. Chapter: 
Section: 
Remarks: 528 
141 Title: 
Heading: IP/N/1/HKG/C/1 
Page 81 
COPYRIGHT ORDINANCE Gazette Number: 
Inspection of articles, 
release of samples, etc. Version Date: 30/06/1997 
The definitions of "register", "Registrar" and "registration" in subsection ( 4) not yet in operation. 
( 1) Where an article is seized or detained pursuant to a detention order, the Commissioner or an 
authorized officer shall-
( a) give the right holder sufficient opportunity to inspect the article for the purpose of 
substantiating his claim; and 
(b) give the importer an equivalent opportunity to inspect the article for the purpose ofrefuting 
the right holder's claim. 
(2) Where more than one aiticle is seized or detained pursuant to a detention order, the 
Commissioner or an authorized officer may permit the right holder or the importer to remove samples of the 
seized or detained articles if the right holder or the importer, as the case may be, gives the Commissioner or 
authorized officer the requisite undertakings. 
(3) For the purposes of subsection (2), the requisite undertakings are undertakings in writing that the 
person giving the undertaking will-
(a) return the samples to the Commissioner or authorized officer at a specified time that is 
satisfactory to the Commissioner or authorized officer; and 
(b) take reasonable care to prevent unnecessary damage to the samples. 
( 4) If the Commissioner or an authorized officer permits the inspection of any seized or detained 
article, or the removal of a sample, by the right holder in accordance with this section, the Government is 
not liable to the importer for any loss or damage suffered by the importer arising out of-
Chapter: 
Section: (a) damage to any article incurred during the inspection; or 
(b) anything done by the right holder or any other person to, or in relation to, a sample removed 
by the right holder or any use made by the right holder of such sample. 
528 
142 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Costs payable Version Date: 30/06/1997 
(1) The Commissioner may assess the costs incurred by the Government in connection with the 
carrying out of a detention order and may deduct those costs from the amount paid as a deposit by the right 
holder under section 138(2). 
(2) Any costs assessed under subsection (1) shall be payable by the right holder to the Government 
and recoverable as a civil debt. IP/N/1/HKG/C/1 
Page 82 
Chapter: 
Section: 
Remarks: 528 
143 Title: 
Heading: COPYRIGHT ORDINANCE 
Compensation payable to 
importer, etc. Gazette Number: 25 of 1998 s. 2 
Version Date: 01/07/1997 
Amendments retroactively made -see 25 of 1998 s. 2 
(I) Where an article is seized or detained pursuant to a detention order and the article is released 
pursuant to section 138(6), the importer, the consignee or the owner of the article may, within 6 months 
after the date on which the order is made, apply to the Court of First Instance for compensation for any Joss 
or damage suffered by him by reason of the seizure or detention. 
(2) Where-
(a) an article is seized or detained pursuant to a detention order; 
(b) an action for infringement is brought under this Part in respect of the article within the 
period referred to in section 138(6), as may be extended under section 138(7); and 
( c) the action is discontinued, the claim of infringement is withdrawn or the court in the 
infringement proceedings determines that the infringement is not proved, 
the importer, the consignee or the owner of the article may, within 6 months after the date on which the 
action is discontinued, the claim is withdrawn or the court renders its determination, as the case may be, 
apply to the Court of First Instance for compensation for any loss or damage suffered by him by reason of 
the seizure or detention. 
(3) On an application under subsection (1) or (2), the Court of First Instance may make such order 
for compensation as it deems fit. 
Chapter: 
Section: 
Remarks: 528 
144 (Amended 25 of 1998 s. 2) 
Title: COPYRIGHT ORDINANCE Gazette Number: 25 of 1998 s. 2 
Heading: Rules Version Date: 01/07/1997 
Amendments retroactively made -see 25 of 1998 s. 2 
The power to make rules of court under section 54 of the High Court Ordinance (Cap 4) includes 
power to make rules of court regulating and prescribing the procedure and the practice to be followed in the 
Court of First Instance under this Division, and any matter incidental to or relating to that procedure or 
practice, including rules prescribing any matter or thing that under this Division is to be or may be prescribed 
by rules of court. 
(Amended 25 of 1998 s. 2) Chapter: 
Section: 
Remarks: 528 
145 Title: 
Heading: IP/N/1/HKG/C/1 
Page 83 
COPYRIGHT ORDINANCE Gazette Number: 
Licensing schemes and Version Date: 
licensing bodies 
Not yet in operation. 
DIVISION VIII 
COPYRIGHT LICENSING 
(1) In this Part a "licensing scheme" means a scheme setting out-
(a) the classes of case in which the operator of the scheme, or the person on whose behalf he 
acts, is willing to grant copyright licences; and 
(b) the terms on which licences would be granted in those classes of case, 
and for this purpose a "scheme" includes anything in the nature of a scheme, whether described as 
a scheme or as a tariff or by any other name. 
(2) In this section "copyright licences" means licences to do, or authorize the doing of, 
any of the acts restricted by copyright. 
(3) References in this Division to licences or licensing schemes covering works of more than one 
author do not include licences or schemes covering only-
( a) a single collective work or collective works of which the authors are the same; or 
(b) works made or distributed by, or by employees of or commissioned by, a single individual, 
firm, company or group of companies, 
and for this purpose a "group of companies" has the meaning assigned to it by section 2 of 
the Companies Ordinance (Cap 32). 
( 4) In this Division-
" licensing body" means a society or other organization, whether registered under section 149 
or not, which has as its main object, or one of its main objects, the negotiation or granting, either as 
owner or prospective owner of copyright or as agent for him, of copyright licences, and whose objects 
include the granting of licences covering works of more than one author; 
"register" means the register of copyright licensing bodies established under section 147; 
"Registrar" means the Registrar of Copyright Licensing Bodies specified in section 146; 
"registration" means the entry of the name of a licensing body in the register in accordance with 
section 149 and "registered" is construed accordingly. 
Chapter: 
Section: 
Remarks: 528 
146 
Not yet in operation. [cf. 1988 c. 48 s. 116 U.K.] 
Title: COPYRIGHT ORDINANCE Gazette Number: 
Heading: Registrar of Copyright Version Date: 
Licensing Bodies 
Registration of licensing bodies 
The Director of Intellectual Property is the Registrar of Copyright Licensing Bodies. IP/N/1/HKG/C/1 
Page 84 
Chapter: 
Section: 
Remarks: 528 
147 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Maintenance of register and Version Date: 
inspection 
Not yet in operation. 
( 1) The Registrar shall establish and maintain a register of copyright licensing bodies in such form 
and manner as he determines and containing such particulars as he thinks fit. 
(2) The register is to be open for inspection in such place and in such manner and subject to the 
payment of such appropriate fee as may be specified by the Registrar by notice in the Gazette. 
Chapter: 
Section: 
Remarks: 528 
148 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Application for registration Version Date: 
and renewal 
Not yet in operation. 
( 1) A licensing body may apply for registration or renewal of registration in such form and manner as 
may be specified by the Registrar. 
(2) An application must be accompanied by­
(a) the appropriate prescribed fee; and 
(b) a statement in writing containing such particulars as may be specified by the Registrar either 
generally or in respect of the application. 
(3) An application by a body corporate may be signed by any person authorized in that behalf by 
such body corporate and the Registrar may require such proof of that authorization as he considers 
necessary. 
( 4) An application by a partnership must be signed by each partner. 
(5) A fee paid under this section is not refundable whether the application is approved or not. 
Chapter: 
Section: 
Remarks: 528 
149 Title: COPYRIGHT ORDINANCE Gazette Number: 
Heading: Registration, issue of Version Date: 
certificate of registration 
Not yet in operation. 
(I) The Registrar may approve an application for registration and enter the name of the applicant in 
the register if the Registrar is satisfied-
( a) that the applicant is a fit and proper person to be registered; and 
(b) with respect to the future, with the availability to the public of information relating to the 
scales of copyright royalty charges by the applicant for different uses, at least by the 
following means-
(i) by setting the scales out in its brochures and licence application forms; 
(ii) by exhibiting the scales in the registered office and places of business of the applicant 
conspicuously to the public; and 
(iii) by publishing the scales in an English language newspaper and a Chinese language 
newspaper in Hong Kong on a day within the 2 weeks after the issue of the certificate 
of registration. 
(2) Upon entry of the name of the applicant in the register, the Registrar shall issue to the applicant a 
certificate of registration in such form as the Registrar determines specifying the requirements with respect 
to-
(a) the publication of scales of copyright royalty charges; and 
(b) the charging of copyright royalty charges not exceeding the scales published, 
which the licensing body must comply with. Chapter: 
Section: 528 
150 Title: 
Heading: IP/N/1/HKG/C/1 
Page 85 
COPYRIGHT ORDINANCE Gazette Number: 
Change of royalty charges Version Date: 
during currency of 
certificate 30/06/1997 
(1) A registered licensing body which proposes to charge copyright royalty charges otherwise than in 
accordance with the scales last published on registration or on renewal of registration shall notify the 
Registrar in writing together with sufficient particulars of the proposed new scales of charges at least one 
month before the new scales come into effect. 
(2) The licensing body shall make available to the public the information relating to the new scales of 
copyright royalty charges for different uses at least by the means specified in section 149(1)(b) at least 14 
days before the new scales come into effect. 
(3) The registration of a licensing body which fails to comply with subsection (1) or (2) or both 
subsections is deemed to be cancelled from the date when the new scales come into effect. 
Chapter: 
Section: 528 
151 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Duration of registration, 
renewal and cancellation Version Date: 30/06/1997 
(1) A certificate of registration is valid for a period of 12 months, or such lesser period as may be 
specified in the certificate, from the date on which it is granted. 
(2) A registered licensing body may apply for the renewal of its registration for a period not 
exceeding 12 months. 
(3) An application for the renewal of registration must be made at least one month before the expiry 
of the current registration. 
( 4) The Registrar may decline an application for renewal of registration by a licensing body or cancel 
the registration of a licensing body if-
( a) the licensing body is no longer a fit and proper person to be registered; or 
(b) any of the requirements of the Registrar specified under subsection (5) or section 149(2) in 
relation to the licensing body is not complied with. 
(5) On a renewal of registration, the Registrar shall issue to the licensing body a new certificate in 
such form as the Registrar determines specifying the requirements with respect to-
(a) the publication of scales of copyright royalty charges; and 
(b) the charging of copyright royalty charges not exceeding the scales published. 
( 6) The Registrar shall remove the name of the licensing body from the register if its application for 
renewal of registration is declined or its registration is cancelled. 
Chapter: 
Section: 528 
152 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Regulations Version Date: 30/06/1997 
The Secretary for Trade and Industry may by regulation-
Chapter: 
Section: ( a) prescribe the fees for the application for registration and for renewal of registration; and 
(b) provide for the better carrying into effect of this system of registration. 
528 
153 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
No liability in the case of Version Date: 30/06/1997 
the bona fide exercise of 
functions under this 
Division 
(1) No liability is incurred by the Registrar in respect of anything done or omitted to be done by him 
bona fide in the exercise or purported exercise of any functions conferred or imposed by or under this 
Division. 
(2) In this section "functions" includes powers and duties. IP/N/1/HKG/C/1 
Page 86 
Chapter: 
Section: 528 
154 Title: 
Heading: 
Expanded Cross Reference: 
Sections 155, 156, 157, 158, 159, 160 COPYRIGHT ORDINANCE Gazette Number: 
Licensing schemes to which Version Date: 
sections 155 to 160 apply 
References and applications with respect to licensing schemes 30/06/1997 
Sections 155 to 160 (references and applications with respect to licensing schemes) apply to licensing 
schemes operated, by licensing bodies which cover works of more than one author, so far as they relate to 
licences for-<* Note-Exp. X-Ref.: Sections 155, 156, 157, 158, 159, 160*> 
(a) copying the work; 
(b) where the work is a computer program or sound recording, the rental of copies of the work 
to the public; 
( c) performing, playing or showing the work in public; 
(d) broadcasting the work or including it in a cable programme service; 
( e) issuing or making available copies of the work to the public; 
(f) making adaptations of the work; or 
(g) any other act restricted by the copyright in the work, 
and references in those sections to a licensing scheme are to be construed accordingly. 
Chapter: 
Section: 528 
155 Title: 
Heading: [cf. 1988 c. 48 s. 117 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Reference of proposed 
licensing scheme to 
Tribunal Version Date: 30/06/1997 
(1) An organization claiming to be representative of persons claiming that they require licences in 
cases of a description to which the scheme would apply, either generally or in relation to any description of 
case, may refer the terms of a licensing scheme proposed to be operated by a licensing body to the 
Copyright Tribunal. 
(2) The Tribunal shall first decide whether to entertain the reference, and may decline to do so on 
the ground that the reference is premature. 
(3) If the Tribunal decides to entertain the reference it shall consider the matter referred and make 
such order, either confirming or varying the proposed scheme, either generally or so far as it relates to cases 
of the description to which the reference relates, as the Tribunal may determine to be reasonable in the 
circumstances. 
( 4) The order may be made so as to be in force indefinitely or for such period as the Tribunal may 
determine. 
[cf. 1988 c. 48 s. 118 U.K.] Chapter: 
Section: 528 
156 Title: 
Heading: IP/N/1/HKG/C/1 
Page 87 
COPYRIGHT ORDINANCE Gazette Number: 
Reference of licensing 
scheme to Tribunal Version Date: 30/06/1997 
(I) If while a licensing scheme is in operation a dispute arises between the operator of the scheme 
and-
(a) a person claiming that he requires a licence in a case of a description to which the scheme 
applies; or 
(b) an organization claiming to be representative of such persons, 
that person or organization may refer the scheme to the Copyright Tribunal in so far as it relates to cases of 
that description. 
(2) A scheme which has been referred to the Tribunal under this section remains in operation until 
proceedings on the reference are concluded. 
(3) The Tribunal shall consider the matter in dispute and make such order, either confirming or 
varying the scheme so far as it relates to cases of the description to which the reference relates, as the 
Tribunal may determine to be reasonable in the circumstances. 
( 4) The order may be made so as to be in force indefinitely or for such period as the Tribunal may 
determine. 
Chapter: 
Section: 528 
157 Title: 
Heading: [cf. 1988 c. 48 s. 119 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Further reference of scheme Version Date: 
to Tribunal 30/06/1997 
(I) Where the Copyright Tribunal has on a previous reference of a licensing scheme under section 
155 or 156, or under this section, made an order with respect to the scheme, then, while the order remains 
in force-
(a) the operator of the scheme; 
(b) a person claiming that he requires a licence in a case of the description to which the order 
applies; or 
( c) an organization claiming to be representative of such persons, 
may refer the scheme again to the Tribunal so far as it relates to cases of that description. 
(2) A licensing scheme may not, except with the special leave of the Tribunal, be referred again to 
the Tribunal in respect of the same description of cases-
( a) within 12 months from the date of the order on the previous reference; or 
(b) if the order was made so as to be in force for 15 months or less, until the last 3 months 
before the expiry of the order. 
(3) A scheme which has been referred to the Tribunal under this section and which is in operation 
remains in operation until proceedings on the reference are concluded. 
( 4) The Tribunal shall consider the matter in dispute and make such order, either confirming, varying 
or further varying the scheme so far as it relates to cases of the description to which the reference relates, as 
the Tribunal may determine to be reasonable in the circumstances. 
(5) The order may be made so as to be in force indefinitely or for such period as the Tribunal may 
determine. 
[cf. 1988 c. 48 s. 120 U.K.] IP/N/1/HKG/C/1 
Page 88 
Chapter: 
Section: 528 
158 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Application for grant of Version Date: 30/06/1997 
licence in connection with 
licensing scheme 
(1) A person who claims, in a case covered by a licensing scheme, that the operator of the scheme 
has refused to grant him or procure the grant to him of a licence in accordance with the scheme, or has 
failed to do so within a reasonable time after being asked, may apply to the Copyright Tribunal for an order 
under this section. 
(2) A person who claims, in a case excluded from a licensing scheme, that the operator of the 
scheme either-
( a) has refused to grant him a licence or procure the grant to him of a licence, or has failed to 
do so within a reasonable time of being asked, and that in the circumstances it is 
unreasonable that a licence should not be granted; or 
(b) proposes terms for a licence which are unreasonable, 
may apply to the Tribunal for an order under this section. 
(3) A case is regarded as excluded from a licensing scheme for the purposes of subsection (2) if­
(a) the scheme provides for the grant of licences subject to terms excepting matters from the 
licence and the case falls within such an exception; or 
(b) the case is so similar to those in which licences are granted under the scheme that it is 
unreasonable that it should not be dealt with in the same way. 
( 4) If the Tribunal is satisfied that the claim is well-founded, it shall make an order declaring that, in 
respect of the matters specified in the order, the applicant is entitled to a licence on such terms as the 
Tribunal may determine to be applicable in accordance with the scheme or, as the case may be, to be 
reasonable in the circumstances. 
(5) The order may be made so as to be in force indefinitely or for such period as the Tribunal may 
determine. 
Chapter: 
Section: 528 
159 Title: 
Heading: [cf. 1988 c. 48 s. 121 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Application for review of Version Date: 30/06/1997 
order as to entitlement to 
licence 
(1) Where the Copyright Tribunal has made an order under section 158 that a person is entitled to a 
licence under a licensing scheme, the operator of the scheme or the original applicant may apply to the 
Tribunal to review its order. 
(2) An application may not be made, except with the special leave of the Tribunal-
(a) within 12 months from the date of the order, or of the decision on a previous application 
under this section; or 
(b) if the order was made so as to be in force for 15 months or less, or as a result of the 
decision on a previous application under this section is due to expire within 15 months of 
that decision, until the last 3 months before the expiry date. 
(3) The Tribunal shall on an application for review confirm or vary its order as the Tribunal may 
determine to be reasonable having regard to the terms applicable in accordance with the licensing scheme or, 
as the case may be, the circumstances of the case. 
[cf. 1988 c. 48 s. 122 U.K.] Chapter: 
Section: 528 
160 Title: 
Heading: IP/N/1/HKG/C/1 
Page 89 
COPYRIGHT ORDINANCE Gazette Number: 
Effect oforder ofTribunal Version Date: 30/06/1997 
as to licensing scheme 
(1) A licensing scheme which has been confirmed or varied by the Copyright Tribunal­
( a) under section 155 (reference of terms of proposed scheme); or 
(b) under section 156 or 157 (reference of existing scheme to Tribunal), 
is in force or, as the case may be, remains in operation, so far as it relates to the description of case in 
respect of which the order was made, so long as the order remains in force. 
(2) While the order is in force a person who in a case of a class to which the order applies-
( a) pays to the operator of the scheme any charges payable under the scheme in respect of a 
licence covering the case in question or, if the amount cannot be ascertained, gives an 
undertaking to the operator to pay them when ascertained; and 
(b) complies with the other terms applicable to such a licence under the scheme, 
is in the same position as regards infringement of copyright as if he had at all material times been the holder 
of a licence granted by the owner of the copyright in question in accordance with the scheme. 
(3) The Tribunal may direct that the order, so far as it varies the amount of charges payable, has 
effect from a date before that on which it is made, but not earlier than the date on which the reference was 
made or, if later, on which the scheme came into operation. 
If such a direction is made-
( a) any necessary repayments, or further payments, must be made in respect of charges already 
paid; and 
(b) the reference in subsection (2)(a) to the charges payable under the scheme is to be 
construed as a reference to the charges so payable by virtue of the order. 
(4) Where the Tribunal has made an order under section 158 (order as to entitlement to licence 
under licensing scheme) and the order remains in force, the person in whose favour the order is made, if he­
( a) pays to the operator of the scheme any charges payable in accordance with the order or, if 
the amount cannot be ascertained, gives an undertaking to pay the charges when 
ascertained; and 
(b) complies with the other terms specified in the order, 
is in the same position as regards infringement of copyright as if he had at all material times been the holder 
of a licence granted by the owner of the copyright in question on the terms specified in the order. 
Chapter: 
Section: 528 
161 Title: 
Heading: [cf. 1988 c. 48 s. 123 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Licences to which sections Version Date: 
162 to 166 apply 30/06/1997 
Expanded Cross Reference: 
Sections 162, 163, 164, 165, 166 
References and applications with respect to 
licensing by licensing bodies 
Sections 162 to 166 (references and applications with respect to licensing by licensing bodies) apply to 
licences which are granted by a licensing body otherwise than in pursuance of a licensing scheme and which 
cover works of more than one author, so far as they authorize- <* Note-Exp. X-Ref.: Sections 162, 163, 
164, 165, 166*> 
(a) copying the work; 
(b) where the work is a computer program or sound recording, the rental of copies of the work 
to the public; 
( c) performing, playing or showing the work in public; 
(d) broadcasting the work or including it in a cable programme service; 
(e) issuing or making available copies of the work to the public; 
(f) making adaptations of the work; or 
(g) any other act restricted by the copyright in the work, 
and references in those sections to a licence are to be construed accordingly. 
[cf. 1988 c. 48 s. 124 U.K.] IP/N/1/HKG/C/1 
Page 90 
Chapter: 
Section: 528 
162 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Reference to Tribunal of 
proposed licence Version Date: 30/06/1997 
(1) A prospective licensee may refer the terms on which a licensing body proposes to grant a licence 
to the Copyright Tribunal. 
(2) The Tribunal shall first decide whether to entertain the reference, and may decline to do so on 
the ground that the reference is premature. 
(3) If the Tribunal decides to entertain the reference it shall consider the terms of the proposed 
licence and make such order, either confirming or varying the terms, as it may determine to be reasonable in 
the circumstances. 
( 4) The order may be made so as to be in force indefinitely or for such period as the Tribunal may 
determine. 
Chapter: 
Section: 528 
163 Title: 
Heading: [cf. 1988 c. 48 s. 125 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Reference to Tribunal of 
expiring licence Version Date: 30/06/1997 
(1) A licensee under a licence which is due to expire, by effluxion of time or as a result of notice 
given by the licensing body, may apply to the Copyright Tribunal on the ground that it is unreasonable in the 
circumstances that the licence should cease to be in force. 
(2) Such an application may not be made until the last 3 months before the licence is due to expire. 
(3) A licence in respect of which a reference has been made to the Tribunal remains in operation 
until proceedings on the reference are concluded. 
( 4) If the Tribunal finds the application well-founded, it shall make an order declaring that the 
licensee continues to be entitled to the benefit of the licence on such terms as the Tribunal may determine to 
be reasonable in the circumstances. 
(5) An order of the Tribunal under this section may be made so as to be in force indefinitely or for 
such period as the Tribunal may determine. 
Chapter: 
Section: 528 
164 Title: 
Heading: [ cf. 1988 c. 48 s. 126 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Tribunal may award 
interim payment and 
restrict application for 
interlocutory injunction Version Date: 30/06/1997 
(1) Where an application has been made to the Copyright Tribunal under section 162 or 163, the 
Tribunal may of its own motion or on the application of the licensing body order the licensee to make such 
interim payment of such royalty as the Tribunal thinks just to the licensing body. 
(2) Where a r~ference or an application has been made to the Tribunal under section 162 or 163, the 
Tribunal may of its own motion or on the application of the prospective licensee or licensee make an order 
that pending the final determination of the reference or application or until further order by the Tribunal, the 
licensing body shall not apply for any interlocutory injunction against the prospective licensee (in the case of 
a reference under section 162) or the licensee (in the case of an application under section 163). 
(3) Where the Tribunal has made an order under subsection (2), any application for an interlocutory 
injunction in any court by the licensing body against the prospective licensee or licensee, as the case may be, 
shall not be entertained or, if it has been entertained, shall be stayed until the final determination of the 
reference or application or further order by the Tribunal. 
( 4) Subject to any earlier termination of the order, an order under subsection (2) ceases to have 
effect on the final determination of the reference or application, as the case may be. Chapter: 
Section: 528 
165 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Application for review of Version Date: 
order as to licence IP/N/1/HKG/C/1 
Page 91 
30/06/1997 
(1) Where the Copyright Tribunal has made an order under section 162 or 163, the licensing body or 
the person entitled to the benefit of the order may apply to the Tribunal to review its order. 
(2) An application may not be made, except with the special leave of the Tribunal-
( a) within 12 months from the date of the order or of the decision on a previous application 
under this section; or 
(b) if the order was made so as to be in force for 15 months or less, or as a result of the 
decision on a previous application under this section is due to expire within 15 months of 
that decision, until the last 3 months before the expiry date. 
(3) The Tribunal shall on an application for review confirm or vary its order as the Tribunal may 
determine to be reasonable in the circumstances. 
Chapter: 
Section: 528 
166 Title: 
Heading: [cf. 1988 c. 48 s. 127 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Effect of order of Tribunal Version Date: 
as to licence 30/06/1997 
(1) Where the Copyright Tribunal has made an order under section 162 or 163 and the order remains 
in force, the person entitled to the benefit of the order shall if he-
( a) pays to the licensing body any charges payable in accordance with the order or, if the 
amount cannot be ascertained, gives an undertaking to pay the charges when ascertained; 
and 
(b) complies with the other terms specified in the order, 
be in the same position as regards infringement of copyright as if he had at all material times been the holder 
of a licence granted by the owner of the copyright in question on the terms specified in the order. 
(2) The benefit of the order may be assigned-
(a) in the case of an order under section 162, if assignment is not prohibited under the terms of 
the Tribunal's order; and 
(b) in the case of an order under section 163, if assignment was not prohibited under the terms 
of the original licence. 
(3) The Tribunal may direct that an order under section 162 or 163, or an order under section 165 
varying such an order, so far as it varies the amount of charges payable, has effect from a date before that 
on which it is made, but not earlier than the date on which the reference or application was made or, if later, 
on which the licence was granted or, as the case may be, was due to expire. 
( 4) If such a direction is made-
( a) any necessary repayments, or further payments, must be made in respect of charges already 
paid; and 
(b) the reference in subsection (l)(a) to the charges payable in accordance with the order is to 
be construed, where the order is varied by a later order, as a reference to the charges so 
payable by virtue of the later order. 
[cf. 1988 c. 48 s. 128 U.K.] IP/N/1/HKG/C/1 
Page 92 
Chapter: 
Section: 528 
167 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
General considerations: 
unreasonable 
discrimination Version Date: 
Factors to be taken into account in certain classes of case 30/06/1997 
(1) The Copyright Tribunal shall, in every case before it, have regard to public interest, and in 
determining what is reasonable on a reference or application under this Division relating to a licensing 
scheme or licence, the Tribunal shall have regard to-
( a) the availability of other schemes, or the granting of other licences, to other persons in similar 
circumstances; 
(b) the terms of those schemes for licences; 
( c) the nature of the work concerned; 
( d) the relative bargaining power of the parties concerned; and 
( e) the availability to the licensees or prospective licensees of relevant information relating to the 
terms of the licensing scheme or licence in question. 
(2) The Copyright Tribunal shall exercise its powers so as to secure that there is no unreasonable 
discrimination between licensees, or prospective licensees, under the scheme or licence to which the 
reference or application relates and licensees under other schemes operated by, or other licences granted by, 
the same person or any other person. 
(3) The mention in subsections (I) and (2) of specific matters to which the Tribunal is to have regard 
does not affect the general obligation of the Tribunal to have regard to all relevant considerations and in 
particular, to whether the exercise of its power will result in a conflict with a normal exploitation of the work 
or will unreasonably prejudice the legitimate interests of the copyright owner. 
[cf. 1988 c. 48 SS. 129 & 135 U.K.] Chapter: 
Section: 528 
168 Title: 
Heading: IP/N/1/HKG/C/1 
Page 93 
COPYRIGHT ORDINANCE Gazette Number: 
Implied indemnity in Version Date: 30/06/1997 
certain schemes and 
licences 
Implied indemnity in schemes or licences 
(1) This section applies to-
( a) schemes for licensing restricted acts in relation to copyright works; and 
(b) licences granted by licensing bodies, 
where the scheme or licence does not specify the works to which it applies with such particularity as to 
enable licensees to determine whether a work falls within the scheme or licence by inspection of the scheme 
or licence and the work. 
(2) There is implied-
( a) in every scheme to which this section applies an undertaking by the operator of the scheme 
to indemnify a person granted a licence under the scheme; and 
(b) in every licence to which this section applies an undertaking by the licensing body to 
indemnify the licensee, 
against any liability incurred by him by reason of his having infringed copyright by making or authorizing an 
act restricted by the copyright in a work in circumstances within the apparent scope of his licence. 
(3) The circumstances of a case are within the apparent scope of a licence if-
(a) it is not apparent from inspection of the licence and the work that it does not fall within the 
description of works to which the licence applies; and 
(b) the licence does not expressly provide that it does not extend to copyright to the description 
infringed. 
(4) In this section "liability" includes liability to pay costs; and this section applies in 
relation to costs reasonably incurred by a licensee in connection with actual or contemplated proceedings 
against him for infringement of copyright as it applies to sums which he is liable to pay in respect of such 
infringement. 
(5) A scheme or licence to which this section applies may contain reasonable provision-
(a) with respect to the manner in which, and time within which, claims under the undertaking 
implied by this section are to be made; 
(b) enabling the operator of the scheme or, as the case may be, the licensing body to take over 
the conduct of any proceedings affecting the amount of his liability to indemnify. 
(6) When an indemnity is implied under subsection (2), subject to subsection (7), the amount of 
damages which a court may award in favour of the owner of the copyright of a work who is not a member 
of the scheme or, as the case may be, the licensing body for infringement of the copyright must not exceed 
the amount that owner would receive if he was a member of the scheme or the licensing body. 
(7) The court shall not award damages at an amount that will result in a conflict with a normal 
exploitation of the work or will unreasonably prejudice the legitimate interest of the copyright owner. 
[cf. 1988 c. 48 s. 136 U.K.] IP/N/1/HKG/C/1 
Page 94 
Chapter: 
Section: 
Remarks: 528 
169 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 22 of 1999 
The Copyright Tribunal Version Date: 01/07/1997 
Amendments retroactively made -see 22 of 1999 s. 3 
DIVISION IX 
THE COPYRIGHT TRIBUNAL 
The Tribunal 
(1) There is established a tribunal called the Copyright Tribunal. 
(2) The Tribunal shall consist of the following members all of whom shall be appointed by the Chief 
Executive- (Amended 22 of 1999 s. 3) 
Chapter: 
Section: 
Remarks: (a) one Chairman and one Deputy Chairman each of whom must be qualified for appointment 
as a District Judge under section 5 of the District Court Ordinance (Cap 336); and 
(b) 7 ordinary members each of whom is to be appointed in his personal capacity. 
528 
170 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 22 of 1999 
Membership ofTribunal Version Date: 01/07/1997 
Amendments retroactively made -see 22 of 1999 s. 3 
(1) The members of the Copyright Tribunal shall hold and vacate office in accordance with their 
terms of appointment, subject to the following provisions. 
if-(2) A member of the Tribunal may resign his office by notice in writing to the Chief Executive. 
(3) The Chief Executive may by notice in writing to the member concerned remove him from office 
(a) he has become bankrupt or made an arrangement with his creditors; 
(b) he is incapacitated by physical or mental illness; or 
( c) he is in the opinion of the Chief Executive otherwise unable or unfit to perform his duties as 
member. 
( 4) If a member of the Tribunal is by reason of illness, absence or other reasonable cause for the 
time being unable to perform the duties of his office, either generally or in relation to particular proceedings, 
the Chief Executive may appoint a person who would be eligible for appointment to that office to discharge 
his duties for a period not exceeding 6 months at one time or, as the case may be, in relation to those 
proceedings. 
( 5) A person appointed under subsection ( 4) shall have during the period of his appointment, or in 
relation to the proceedings in question, the same powers as the person in whose place he is appointed. 
(Amended 22 of 1999 s. 3) 
[cf. 1988 c. 48 s. 146 U.K.] Chapter: 
Section: 528 
171 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Financial provisions Version Date: IP/N/1/HKG/C/1 
Page 95 
30/06/1997 
(I) There shall be paid to the members of the Copyright Tribunal who are not public officers such 
remuneration (whether by way of salaries or fees), and such allowances, as the Secretary for Trade and 
Industry may determine. 
(2) The Secretary for Trade and Industry may appoint such number of staff for the Tribunal and at 
such remuneration as he may determine. 
(3) The remuneration and allowances of members of the Tribunal, the remuneration of any staff and 
such other expenses of the Tribunal as the Secretary for Trade and Industry may determine shall be paid 
out of the general revenue. 
Chapter: 
Section: 528 
172 Title: 
Heading: [cf. 1988 c. 48 s. 147 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Constitution for purposes of Version Date: 
proceedings 30/06/1997 
(1) For the purposes of any proceedings the Copyright Tribunal shall consist of-
(a) a chairman, who is either the Chairman or the Deputy Chairman of the Tribunal; and 
(b) 2 or more ordinary members. 
(2) If the members of the Tribunal dealing with any matter are not unanimous, the decision shall be 
taken by majority vote; and if, in such a case, the votes are equal the chairman shall have a further, casting 
vote. 
(3) Where part of any proceedings before the Tribunal has been heard and one or more members of 
the Tribunal are unable to continue, the Tribunal remains duly constituted for the purpose of those 
proceedings so long as the number of members is not reduced to less than 3. 
(4) If the chairman is unable to continue, the Chairman of the Tribunal shall­
(a) appoint one of the remaining members to act as chairman; and 
(b) appoint a suitably qualified person to attend the proceedings and advise the members on any 
questions of law arising. 
(5) A person is "suitably qualified" for the purposes of subsection (4)(b) if he is, or is eligible for 
appointment as, a Deputy Chairman of the Tribunal. 
Chapter: 
Section: 528 
173 Title: 
Heading: [cf. 1988 c. 48 s. 148 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Jurisdiction of Tribunal Version Date: 30/06/1997 
Jurisdiction and procedure 
The Copyright Tribunal has jurisdiction under this Part to hear and determine proceedings under-
(a) section 14 (determination of award to employee for use of work outside reasonable 
contemplation); 
(b) section 155, 156 or 157 (reference of licensing scheme); 
( c) section 158 or 159 (application with respect to entitlement to licence under licensing 
scheme); 
(d) section 162, 163 or 165 (reference or application with respect to licensing by licensing 
body); 
(e) paragraph 6 of Schedule 2 (contrary rights); 
(f) paragraph 14(3) of Schedule 2 (acts infringing copyright). 
[cf. 1988 c. 48 s. 149 U.K.] IP/N/1/HKG/C/1 
Page 96 
Chapter: 
Section: 528 
174 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
General power to make 
rules Version Date: 30/06/1997 
(1) The Chief Justice may make rules for regulating proceedings before the Copyright Tribunal, as to 
the fees chargeable in respect of such proceedings, and as to the enforcement of orders made by the 
Tribunal. 
(2) The rules may apply in relation to the Tribunal any of the provisions of the Arbitration Ordinance 
(Cap 341) and any provisions so applied must be set out in or scheduled to the rules. 
(3) The rules may-
(a) prohibit the Tribunal from entertaining a reference under section 155, 156 or 157 by a 
representative organization unless the Tribunal is satisfied that the organization is reasonably 
representative of the class of persons which it claims to represent; 
(b) specify the parties to any proceedings and enabling the Tribunal to make a party to the 
proceedings any person or organization satisfying the Tribunal that they have a substantial 
interest in the matter; 
( c) require the Tribunal to give the parties to proceedings an opportunity to state their case, in 
writing or orally as the rules may provide. 
( 4) The rules may make provision for regulating or prescribing any matter incidental to or 
consequential upon any appeal from the Tribunal under section 176 (appeal to the court on point of law). 
[cf. 1988 c. 48 s. 150 U.K.] 
Chapter: 
Section: 528 
175 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Costs, proof of orders, etc. Version Date: 30/06/1997 
(I) The Copyright Tribunal may, in special circumstances, order that the costs of a party to 
proceedings before it shall be paid by such other party as the Tribunal may direct; and the Tribunal may tax 
or settle the amount of the costs, or direct in what manner they are to be taxed. 
(2) The Chief Justice may by rules prescribe the special circumstances for the purpose of subsection 
(1). 
(3) A document purporting to be a copy of an order of the Tribunal and to be certified by the 
chairman to be a true copy is, in any proceedings, sufficient evidence of the order unless the contrary is 
proved. 
Chapter: 
Section: 
Remarks: 528 
176 [cf. 1988 c. 48 s. 151 U.K.] 
Title: COPYRIGHT ORDINANCE Gazette Number: 25 of 1998 s. 2 
Heading: Appeal to court on point of Version Date: 01/07/1997 
law 
Amendments retroactively made -see 25 of 1998 s. 2 
Appeals 
( 1) An appeal lies on any point of law arising from a decision of the Copyright Tribunal to the Court 
of First Instance. (Amended 25 of 1998 s. 2) 
(2) The rules made under section 174 may limit the time within which an appeal may be brought. 
(3) The rules made under that section may provide-
(a) for suspending, or authorizing or requiring the Tribunal to suspend, the operation of orders 
of the Tribunal in cases where its decision is appealed against; 
(b) for modifying in relation to an order of the Tribunal whose operation is suspended the 
operation of any provision of this Part as to the effect of the order; 
(c) for the publication of notices or the taking of other steps for securing that persons affected 
by the suspension of an order of the Tribunal will be informed of its suspension. 
[cf. 1988 c. 48 s. 152 U.K.] Chapter: 
Section: 528 
177 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Qualification for copyright Version Date: 
protection 
DIVISION X 
QUALIFICATION FOR COPYRIGHT PROTECTION IP/N/1/HKG/C/1 
Page 97 
30/06/1997 
( 1) Copyright subsists in a work if-
( a) the author satisfies the qualification requirements set out in section 178; or 
(b) it is published in Hong Kong or elsewhere; or 
( c) in the case of a broadcast or cable programme, it is made or sent from Hong Kong or 
elsewhere. 
(2) If the qualification requirements of this Division, or section 182, 184 or 188 (Government 
copyright, Legislative Council copyright or copyright of certain international organizations) are once satisfied 
in respect of a work, copyright does not cease to subsist by reason of any subsequent event. 
Chapter: 
Section: 528 
178 Title: 
Heading: [cf. 1988 c. 48 s. 153 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Qualification by reference Version Date: 
to author 30/06/1997 
(1) A work qualifies for copyright protection if the author was at the material time-
(a) an individual domiciled or resident or having a right of abode in Hong Kong or elsewhere; or 
(b) a body incorporated under the law of any country, territory or area. 
(2) A work of joint authorship qualifies for copyright protection if at the material time any of the 
authors satisfies the requirements of subsection (1 ); but where a work qualifies for copyright protection only 
under this section, only those authors who satisfy those requirements are taken into account for the 
purposes of-
sections 13 and 14(1) (first ownership of copyright; entitlement of author or author's employer); 
sections 17 and 19 (duration of copyright) and section 11(4) (meaning of "unknown authorship") so far 
as it applies for the purposes of sections 17 and 19; and 
sections 66 and 75 (acts permitted on assumptions as to expiry of copyright, etc.). 
Chapter: 
Section: 528 
179 Title: 
Heading: [cf. 1988 c. 48 s. 154 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Ships, aircraft and 
hovercraft registered in 
Hong Kong Version Date: 30/06/1997 
This Part applies to things done on a ship, aircraft or hovercraft registered under the law of Hong 
Kong as it applies to things done in Hong Kong. 
[cf. 1988 c. 48-s. 162 U.K.] IP/N/1/HKG/C/1 
Page 98 
Chapter: 
Section: 
Remarks: 528 
180 Title: 
Heading: COPYRIGHT ORDINANCE 
Denial of copyright 
protection to people of 
countries, etc. not giving 
adequate protection to Hong 
Kong works Gazette Number: 22 of 1999 
Version Date: 01/07/1997 
Amendments retroactively made -see 22 of 1999 s. 3 
(1) Subject to subsection ( 4), if it appears to the Chief Executive in Council that Hong Kong works 
or one or more classes of those works are not adequately protected in a country, territory or area as a result 
of any prejudicial treatment given to those works by that country, territory or area, the Chief Executive in 
Council may by regulation in accordance with this section restrict the rights conferred by this Part in relation 
to works of authors connected with that country, territory or area. 
(2) The Chief Executive in Council shall designate in the regulation the country, territory or area 
concerned and provide that, for the purposes specified in the regulation, a work first published in that 
country, territory or area after a date specified in the regulation does not qualify for copyright protection by 
virtue of such publication if at the time of that publication the author is-
( a) an individual domiciled or resident or having a right of abode in that country, territory or 
area (and not at the same time domiciled or resident or having a right of abode in Hong 
Kong); or 
(b) a body incorporated under the law of that country, territory or area, 
and the regulation may make such provision for all the purposes of this Part or for such purposes as are 
specified in the regulation, and either generally or in relation to such class of cases as are specified in the 
regulation, having regard to the nature and extent of that prejudicial treatment referred to in subsection (1 ). 
(3) In this section "Hong Kong works" means copyright works of which the author 
was at the material time-
( a) an individual domiciled or resident or having a right of abode in Hong Kong; or 
(b) a body incorporated under the law of Hong Kong. 
( 4) The Chief Executive in Council shall not exercise his power under this section in relation to a 
country, territory or area which is a party to a bilateral or multilateral copyright or related right convention to 
which Hong Kong is also a party or the application of which has been extended to Hong Kong. 
Chapter: 
Section: 528 
181 Title: 
Heading: (Amended 22 of 1999 s. 3) 
[cf. 1988 c. 48 s. 160 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Meaning of first publication Version Date: 
and material time 30/06/1997 
(1) For the purposes of section 180, publication in one country, territory or area is still regarded as 
first publication if simultaneous publication occurs elsewhere; and for this purpose publication elsewhere 
within the previous 30 days is treated as simultaneous. 
(2) For the pµrposes of sections 178 and 180, the material time in relation to a literary, dramatic, 
musical or artistic work is-
( a) in the case of an unpublished work, when the work was made or, if the making of the work 
extended over a period, a substantial part of that period; 
(b) in the case of a published work, when the work was first published or, if the author had died 
before that time, immediately before his death. 
(3) For the purposes of sections 178 and 180, the material time in relation to other descriptions of 
work is as follows-
( a) in the case of a sound recording or film, when it was made; 
(b) in the case of a broadcast, when the broadcast was made; 
( c) in the case of a cable programme, when the programme was included in a cable programme 
service; 
(d) in the case of the typographical arrangement of a published edition, when the edition was 
first published. 
[cf. 1988 c. 48 SS. 154 & 155 U.K.] Chapter: 
Section: 528 
182 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Government copyright Version Date: 
DIVISION XI 
MISCELLANEOUS AND GENERAL 
Government and Legislative Council copyright IP/N/1/HKG/C/1 
Page 99 
30/06/1997 
(I) Where a work is made by an officer, of the Government in the course of his duties-
( a) the work qualifies for copyright protection notwithstanding section 177 (ordinary 
requirement as to qualification for copyright protection); and 
(b) the Government is the first owner of any copyright in the work. 
(2) Copyright in such a work is referred to in this Part as "Government copyright", notwithstanding 
that it may be, or have been, assigned to another person. 
(3) Government copyright in a work continues to subsist-
(a) until the end of the period of 125 years from the end of the calendar year in which the work 
was made; or 
(b) if the work is published commercially before the end of the period of 7 5 years from the end 
of the calendar year in which it was made, until the end of the period of 50 years from the 
end of the calendar year in which it was first so published. 
( 4) In the case of a work of joint authorship where one or more but not all of the authors are persons 
falling within subsection (I), this section applies only in relation to those authors and the copyright subsisting 
by virtue of their contribution to the work. 
(5) Except as mentioned above, and subject to any express exclusion elsewhere in this Part, the 
provisions of this Part apply in relation to Government copyright as to other copyright. 
(6) This section does not apply to a work if, or to the extent that, Legislative Council copyright 
subsists in the work (see sections 184 and 185). 
Chapter: 
Section: 528 
183 Title: 
Heading: [cf. 1988 c. 48 s. 163 U.K.J 
COPYRIGHT ORDINANCE Gazette Number: 
Copyright in Ordinances Version Date: 30/06/1997 
(1) The Government is entitled to copyright in every Ordinance. 
(2) The copyright subsists from the date of publication in the Gazette until the end of the period of 
50 years from the end of the calendar year of publication. 
(3) References in this Part to Government copyright ( except in section 182) include copyright under 
this section; and, except as mentioned above, the provisions of this Part apply in relation to copyright under 
this section as to other Government copyright. 
( 4) No other copyright, or right in the nature of copyright, subsists in an Ordinance. 
[cf. 1988 c. 48 s. 164 U.K.] IP/N/1/HKG/C/1 
Page 100 
Chapter: 
Section: 528 
184 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Legislative Council 
copyright Version Date: 30/06/1997 
(I) Where a work is made by or under the direction or control of the Legislative Council-
( a) the work qualifies for copyright protection notwithstanding section 177 (ordinary 
requirement as to qualification for copyright protection); and 
(b) the Legislative Council is the first owner of any copyright in the work. 
(2) Copyright in such a work is referred to in this Part as "Legislative Council copyright", 
notwithstanding that it may be, or have been, assigned to another person. 
(3) Legislative Council copyright in a literary, dramatic, musical or artistic work continues to subsist 
until the end of the period of 50 years from the end of the calendar year in which the work was made. 
(4) For the purposes of this section, works made by or under the direction or control of the 
Legislative Council include-
( a) any work made by an officer or employee of the Legislative Council in the course of his 
duties; and 
(b) any sound recording, film, live broadcast or live cable programme of the proceedings of the 
Legislative Council, 
but a work is not regarded as made by or under the direction or control of the Legislative Council by reason 
only of its being commissioned by or on behalf of the Legislative Council. 
(5) In the case of a work of joint authorship where one or more but not all of the authors are acting 
on behalf of, or under the direction or control of the Legislative Council, this section applies only in relation 
to those authors and the copyright subsisting by virtue of their contribution to the work. 
(6) Except as mentioned above, and subject to any express exclusion elsewhere in this Part, the 
provisions of this Part apply in relation to Legislative Council copyright as to other copyright. 
Chapter: 
Section: 
Remarks: 528 
185 Title: 
Heading: [cf. 1988 c. 48 s. 165 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 22 of 1999 
Copyright in bills Version Date: 01/07/1997 
Amendments retroactively made -see 22 of 1999 s. 3 
( l) Copyright in every bill, other than a member's bill, introduced into the Legislative Council 
belongs, in accordance with the following provisions, to the Government. 
(2) Copyright in a member's bill belongs to the Legislative Council. 
(3) Copyright under this section subsists from the date of the first publication of a bill in the Gazette 
until-
(a) in the case of a bill which was published in the Gazette before 1 July 1997-
(i) the bill received assent; or 
(ii) if the bill did not receive assent, the end of the period of 50 years from the end of the 
calendar year of the first publication; and 
(b) in the case of a bill which is published in the Gazette on or after 1 July 1997-
(i) the bill is signed by the Chief Executive; or 
(ii) if the bill is not signed by the Chief Executive, the end of the period of 50 years from 
the end of the calendar year of the first publication. (Replaced 22 of 1999 s. 3) 
( 4) References in this Part to Government copyright ( except in section 182) include copyright under 
subsection (l); and, except as mentioned above, the provisions of this Part apply in relation to copyright 
under subsection (1) as to other Government copyright. 
(5) References in this Part to Legislative Council copyright (except in section 184) include copyright 
under subsection (2); and, except as mentioned above, the provisions of this Part apply in relation to 
copyright under subsection (2) as to other Legislative Council copyright. 
(6) No other copyright, or right in the nature of copyright, subsists in a bill after copyright has once 
subsisted under this section; but without prejudice to the subsequent operation of this section in relation to a 
bill which, not having passed in one session, is reintroduced in a subsequent session. 
(7) In this section "member's bill" means a bill, other than a Government 
measure, which is to be presented by a Member of the Legislative Council. 
[cf. 1988 c. 48 s. 166 U.K.] Chapter: 
Section: 528 
186 Title: 
Heading: IP/N/1/HKG/C/1 
Page 101 
COPYRIGHT ORDINANCE Gazette Number: 
Legislative Council: Version Date: 30/06/1997 
supplementary provisions 
with respect to copyright 
(1) For the purposes of holding, dealing with and enforcing copyright, and in connection with all legal 
proceedings relating to copyright, the Legislative Council is to be treated as having the legal capacities of a 
body corporate, which is not affected by a dissolution of the Legislative Council. 
(2) The functions of the Legislative Council as owner of copyright are exercisable by the President 
on behalf of the Legislative Council; and if so authorized by the President, or in case of a vacancy in the 
office of President, those functions may be discharged by the Secretary General of the Legislative Council 
Secretariat. 
(3) For this purpose a person who on the dissolution of the Legislative Council was President of the 
Legislative Council may continue to act until the corresponding appointment is made in the next session of 
the Legislative Council. 
Chapter: 
Section: 528 
187 Title: 
Heading: [cf. 1988 c. 48 s. 167 U.K.) 
COPYRIGHT ORDINANCE Gazette Number: 
Groundless threat of 
proceedings in relation to 
parallel import 
Other miscellaneous provisions Version Date: 30/06/1997 
(1) Where a person threatens another person with proceedings for infringement of copyright under 
sections 30 and 31 in respect of a copy of a work which is alleged to be an infringing copy by virtue only of 
section 35(3), the person aggrieved by the threats may apply to the court for any one or more of the 
following reliefs-
( a) a declaration to the effect that the threats are unjustifiable; 
(b) an injunction against the continuance of the threats; 
( c) damages in respect of any loss which he had sustained by the threats. 
(2) If the person proves that the threats were made and that he is a person aggrieved by them, he is 
entitled to the relief claimed unless the defendant shows that the acts in respect of which proceedings were 
threatened did constitute, or if done would have constituted, an infringement of copyright under that section. 
(3) The mere notification of the existence of a copyright does not constitute a threat of proceedings 
for the purposes of this section. 
( 4) Nothing in this section makes a barrister or solicitor liable to an action under this section in 
respect of an act done by him in his professional capacity on behalf of his client. 
(5) The defendant in an action under this section may apply, by way of counterclaim, for relief to 
which he would be entitled in a separate action in respect of an infringement by the plaintiff of the copyright 
to which the threats relate and, in any such case, the provisions of this Ordinance with respect to an action 
for infringement of cqpyright are, mutatis mutandis, applicable in relation to the action. 
[cf. 1988 c. 48 s. 253 U.K.] IP/N/1/HKG/C/1 
Page 102 
Chapter: 
Section: 
Remarks: 528 
188 Title: 
Heading: COPYRIGHT ORDINANCE 
Copyright vesting in 
international organizations Gazette Number: 22 of 1999 
Version Date: 01/07/1997 
Amendments retroactively made -see 22 of 1999 s. 3 
(1) Where an original literary, dramatic, musical or artistic work-
(a) is made by an officer or employee of, or is published by, any international organization; and 
(b) does not qualify for copyright protection under section 178 ( qualification by reference to 
author), 
copyright nevertheless subsists in the work by virtue of this section and the organization is the first owner of 
that copyright. 
(2) Copyright of which an international organization is first owner by virtue of this section continues 
to subsist until the end of the period of 50 years from the end of the calendar year in which the work was 
made or such longer period as may be specified by the Chief Executive by regulation under subsection ( 4). 
(Amended 22 of 1999 s. 3) 
(3) An international organization is deemed to have, and to have had at all material times, the legal 
capacities of a body corporate for the purpose of holding, dealing with and enforcing copyright, and in 
connection with all legal proceedings relating to copyright. 
(4) The Chief Executive may, for the purpose of complying with the international obligations 
applicable to Hong Kong make regulation specifying a period longer than 50 years for the purposes of this 
section in relation to any international organization. (Amended 22 of 1999 s. 3) 
Chapter: 
Section: 528 
189 Title: 
Heading: [cf. 1988 c. 48 s. 168 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Folklore, etc.: anonymous Version Date: 
unpublished works 30/06/1997 
(1) Where in the case of an unpublished literary, dramatic, musical or artistic work of unknown 
authorship there is evidence that the author (or, in the case of a joint work, any of the authors) was a 
qualifying individual by connection with a country, territory or area outside Hong Kong, it is presumed, until 
the contrary is proved, that he was such a qualifying individual and that copyright accordingly subsists in the 
work, subject to the provisions of this Part. 
(2) If under the law of that country, territory or area a body is appointed to protect and enforce 
copyright in such works, the Secretary for Trade and Industry may by regulation designate that body for the 
purposes of this section. 
(3) A body so designated is recognized in Hong Kong as having authority to do in place of the 
copyright owner anything, other than assign copyright, which it is empowered to do under the law of that 
country; and it may, in particular, bring proceedings in its own name. 
(4) In subsection (1) a "qualifying individual" means an individual who at the 
material time (within the meaning of section 178) was a person whose works qualified under that section for 
copyright protection. 
(5) This section does not apply if there has been an assignment of copyright in the work by the 
author of which notice has been given to the designated body; and nothing in this section affects the validity 
of an assignment of copyright made, or licence granted, by the author or a person lawfully claiming under 
him. 
[cf. 1988 c. 48 s. 169 U.K.] Chapter: 
Section: 528 
190 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Protection of 
Commissioner and 
authorized officers Version Date: IP/N/1/HKG/C/l 
Page 103 
30/06/1997 
(1) The Commissioner and authorized officers are not liable for any loss or damage suffered by any 
person as a result of any action taken or omitted to be taken in good faith in connection with the carrying 
out of any of their duties under this Part. 
(2) The protection conferred by subsection (I) on the Commissioner and authorized officers in 
respect of any action taken or omitted to be taken in good faith in connection with the carrying out of those 
duties shall not affect in any manner any liability of the Government for that action taken or omitted to be 
taken. 
Chapter: 
Section: 528 
191 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Transitional provisions and Version Date: 30/06/1997 
savings 
Transitional provisions and savings 
Schedule 2 contains transitional provisions and savings relating to works made, and acts or events 
occurring, before the commencement of this Part, and otherwise with respect to the operation of the 
provisions of this Part. 
Chapter: 
Section: 528 
192 Title: 
Heading: [cf. 1988 c. 48 s. 170 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Rights and privileges under Version Date: 
other enactments or the 
common law 30/06/1997 
(1) Nothing in this Part affects-
(a) any right or privilege of any person under any enactment (except where the enactment is 
expressly repealed, amended or modified by this Ordinance); 
(b) any right or privilege of the Government subsisting otherwise than under an enactment; 
( c) any right or privilege of the Legislative Council; 
(d) the right of the Government or any person deriving title from the Government to sell, use or 
otherwise deal with the articles forfeited under the law of Hong Kong; 
( e) the operation of any rule of equity relating to breaches of trust or confidence. 
(2) Subject to those savings, no copyright or right in the nature of copyright subsists otherwise than 
by virtue of this Part or some other enactment in that behalf. 
(3) Nothing in this Part affects any rule of law preventing or restricting the enforcement of copyright, 
on grounds of public interest or otherwise. 
( 4) Nothing in this Part affects any right of action or other remedy, whether civil or criminal, 
available otherwise than under this Part in respect of acts infringing any of the rights conferred by Division 
IV (moral rights). 
(5) The savings in subsection (1) have effect subject to sections 183(4) and 185(6) (copyright in 
Ordinances and bills: exclusion of other rights in the nature of copyright). 
[cf. 1988 c. 48 s. 171 U.K.] IP/N/1/HKG/C/l 
Page 104 
Chapter: 
Section: 528 
193 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
General provisions as to 
construction 
Interpretation Version Date: 30/06/1997 
(1) This Part restates and amends the law of copyright, that is, the provisions of the Copyright Act 
1956 (1956 c. 74 U.K.) as amended and extended to Hong Kong and the provisions of the Copyright 
Ordinance (Cap 39), as amended. 
(2) A provision of this Part which corresponds to a provision of the previous law shall not be 
construed as departing from the previous law merely because of a change of expression. 
(3) Decisions under the previous law may be referred to for the purpose of establishing whether a 
provision of this Part departs from the previous law, or otherwise for establishing the true construction of 
this Part. 
Chapter: 
Section: 528 
194 Title: 
Heading: [ cf. 1988 c. 48 s. 172 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Construction of references Version Date: 
to copyright owner 30/06/1997 
(1) Where different persons are (whether in consequence of a partial assignment or otherwise) 
entitled to different aspects of copyright in a work, the copyright owner for any purpose of this Part is the 
person who is entitled to the aspect of copyright relevant for that purpose. 
(2) Where copyright (or any aspect of copyright) is owned by more than one person jointly, 
references in this Part to the copyright owner are to all the owners, so that, in particular, any requirement of 
the licence of the copyright owner requires the licence of all of them. 
Chapter: 
Section: 528 
195 Title: 
Heading: [cf. 1988 c. 48 s. 173 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Meaning of "educational Version Date: 30/06/1997 
establishment" and related 
expressions 
(1) The expression "educational establishment" means an educational establishment 
specified in Schedule 1. 
(2) In relation to an educational establishment the expressions "teacher" and "pupil" 
in this Part include, respectively, any person who gives and any person who receives instruction. 
(3) References in this Part to anything being done "on behalf of' an educational establishment are to 
its being done for the purposes of that establishment by any person. 
(4) The Secretary for Education and Manpower may, by notice in the Gazette, amend Schedule 1. 
[cf. 1988 c. 48 s. 174 U.K.] Chapter: 
Section: 528 
196 Title: 
Heading: IP/N/1/HKG/C/1 
Page 105 
COPYRIGHT ORDINANCE Gazette Number: 
Meaning of "publication" Version Date: 30/06/1997 
and "commercial 
publication" 
(1) In this Part "publication", in relation to a work, means the issue or making available of 
copies of the work to the public; and related expressions are construed accordingly. 
(2) In this Part "commercial publication", in relation to a literary, dramatic, musical or 
artistic work means issuing or making available copies of the work to the public at a time when copies made 
in advance of the receipt of orders are generally available to the public, and related expressions are 
construed accordingly. 
(3) In the case of a work of architecture in the form of a building, or an artistic work incorporated in 
a building, construction of the building is treated as equivalent to publication of the work. 
(4) The following do not constitute publication for the purposes of this Part and references to 
commercial publication are construed accordingly-
( a) in the case of a literary, dramatic or musical work-
(i) the performance of the work; or 
(ii) the broadcasting of the work or its inclusion in a cable programme service; 
(b) in the case of an artistic work-
(i) the exhibition of the work; 
(ii) the issue or making available to the public of copies of a graphic work representing, or 
of photographs of, a work of architecture in the form of a building or a model for a 
building, a sculpture or a work of artistic craftsmanship; 
(iii) the issue or making available to the public of copies of a film including the work; or 
(iv) the broadcasting of the work or its inclusion in a cable programme service; 
( c) in the case of a sound recording or film-
(i) the work being played or shown in public; or 
(ii) the broadcasting of the work or its inclusion in a cable programme service. 
(5) References in this Part to publication or commercial publication do not include publication which 
is merely colourable and not intended to satisfy the reasonable requirements of the public. 
(6) No account is taken for the purposes of this section of any unauthorized act. 
[cf. 1988 c. 48 s. 175 U.K.] 
Chapter: 
Section: 528 
197 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Requirement of signature: Version Date: 
application in relation to 
body corporate 30/06/1997 
(1) The requirement in the following provisions that an instrument be signed by or on behalf of a 
person is also satisfied in the case of a body corporate by the affixing of its seal-
section 90(3)(b) ( assertion by licensor of right to identification of author in case of public exhibition of 
copy made in pursuance of the licence); 
section 101(3) (assignment of copyright); 
section 102(1) (assignment of future copyright); 
section 103(1) (grant of exclusive licence). 
(2) The requirement in the following provisions that an instrument be signed by a person is satisfied 
in the case of a body corporate by signature on behalf of the body or by the affixing of its seal-
section 90(2)(b) (assertion by instrument in writing ofright to have author identified); 
section 98(2) (waiver of moral rights). 
[cf. 1988 c. 48 s. 176 U.K.] IP/N/1/HKG/C/1 
Page 106 
Chapter: 
Section: 
Remarks: 528 
198 Title: COPYRIGHT ORDINANCE Gazette Number: 22 of 1999 
· Heading: Minor definitions Version Date: 01/07/1997 
Amendments retroactively made -see 22 of 1999 s. 3 
In this Part-
"article", in the context of an article in a periodical, includes an item of any description; 
"article in transit" means an article which-
(a) is brought into Hong Kong solely for the purpose of taking it out of Hong Kong; and 
(b) remains at all times in or on the vessel or aircraft in or on which it is brought into Hong 
Kong; 
"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; 
"business" includes a trade or profession; 
"collective work" means-
(a) a work of joint authorship; or 
(b) a work in which there are distinct contributions by different authors or in which works or 
parts of works of different authors are incorporated; 
"Commissioner" means the Commissioner of Customs and Excise and any Deputy or Assistant 
Commissioner of Customs and Excise; (Replaced 22 of 1999 s. 3) 
"computer-generated", in relation to a work, means that the work is generated by computer in 
circumstances such that there is no human author of the work; 
"electronic" means actuated by electric, magnetic, electro-magnetic, electro-chemical or 
electro-mechanical energy, and "in electronic form" means in a form usable only by 
electronic means; 
"employed", "employee", "employer" and "employment" refer to 
employment under a contract of service or of apprenticeship; 
"export" means to take, or cause to be taken, out of Hong Kong any article; 
"facsimile copy" includes a copy which is reduced or enlarged in scale; 
"import" means to bring, or cause to be brought, into Hong Kong any article; 
"international organization" means an organization the members of which include one or more 
countries, territories or areas; 
"judicial proceedings" includes proceedings before any court, tribunal or person having 
authority to decide any matter affecting a person's legal rights or liabilities; 
"producer", in relation to a sound recording or a film, means the person by whom the 
arrangements necessary for the making of the sound recording or film are undertaken; 
"rental right" means the right of a copyright owner to authorize or prohibit the rental of copies of 
a computer program or sound recording (see section 25); 
"reprographic copy" refers to a copy made by means of a reprographic process; 
"reprographic process" means a process-
(a) for making facsimile copies; or 
(b) involving the use of an appliance for making multiple copies, 
and includes, in 'relation to a work held in electronic form, any copying by electronic means, but does 
not include the making of a sound recording or film; 
"sufficient acknowledgement" means an acknowledgement identifying the work in 
question by its title or other description, and identifying the author unless-
(a) in the case of a published work, it is published anonymously; 
(b) in the case of an unpublished work, it is not possible for a person to ascertain the identity of 
the author by reasonable inquiry; 
"sufficient disclaimer", in relation to an act capable of infringing the right conferred 
by section 92 (right to object to derogatory treatment of work), means a clear and reasonably prominent indication-
( a) given at the time of the act; and IP/N/1/HKG/C/1 
Page 107 
(b) if the author or director is then identified, appearing along with the identification, 
that the work has been subjected to treatment to which the author or director has not consented; 
"telecommunications system" means a system for transmitting visual images, sounds or other 
information by electronic means; 
"typeface" includes an ornamental motif used in printing; 
"unauthorized", as regards anything done in relation to a work, means done otherwise than­
(a) by or with the licence of the copyright owner; 
(b) if copyright does not subsist in the work, by or with the licence of the author or, in a case 
where section 14(1) would have applied, the author's employer or, in either case, persons 
lawfully claiming under him; or 
( c) in pursuance of section 57 ( copying, etc. of certain material by the Government); 
"wireless telegraphy" means the sending of electro-magnetic energy over paths which are not 
provided by any material substance constructed or arranged for that purpose; 
"writing" includes any form of notation or code, whether by hand or otherwise and regardless of the 
method by which, or medium in or on which, it is recorded, and "written" is construed 
accordingly. 
[ cf. 1988 c. 48 s. 178 U.K.] IP/N/1/HKG/C/1 
Page 108 
Chapter: 
Section: 528 
199 Title: COPYRIGHT ORDINANCE Gazette Number: 
Heading: Index of defined expressions Version Date: 30/06/1997 
The following Table shows provisions defining or otherwise explaining expressions used in this Part 
( other than provisions defining or explaining an expression used only in the same section)-
acts restricted by copyright section 22(1) 
adaptation section 29(3) 
archivist (in sections 46 to 53) section 46(5) 
article (in a periodical) 
article in transit 
artistic work 
author 
authorized officer 
broadcast (and related expressions) 
building 
business 
cable programme, cable programme service 
(and related expressions) 
collective work 
commencement (in Schedule 2) 
commercial publication 
Commissioner 
computer-generated 
copy and copying 
copyright (generally) 
copyright (in Schedule 2) 
copyright owner 
Copyright Tribunal 
copyright work 
detention order 
dramatic work 
educational establishment 
electronic and electronic form 
employed, employee, employer and 
employment 
exclusive licence 
export 
facsimile copy 
film 
future copyright · 
Government copyright 
graphic work 
import 
infringing copy 
international organization 
issue of copies to the public 
joint authorship (work of) 
judicial proceedings 
Legislative Council copyright section 198 
section 198 
section 5 
sections 11 and 12( 4) 
section 198 
section 8 
section 5 
section 198 
section 9 
section 198 
paragraph 1 (2) of that Schedule 
section 196 
section 198 
section 198 
section 23 
section 2 
paragraph 2(2) of that Schedule 
sections 112(2) and 194 
section 169 
section 2(2) 
section 135 
section 4(1) 
section 195(1) 
section 198 
section 198 
section 103(1) 
section 198 
section 198 
section 7 
section 102(2) 
sections 182(2) and 183(3) 
section 5 
section 198 
section 35 
section 198 
section 24 
section 12 
section 198 
sections 184(2) and 185(5) librarian (in sections 45 to 52) 
licence (in sections 158 to 162) 
licence of copyright owner 
licensing body (in Division VIII) 
licensing scheme (generally) 
licensing scheme (in sections 151 to 156) 
literary work 
made (in relation to a literary, dramatic or 
musical work) 
make available copies to the public 
musical work 
on behalf of (in relation to an educational 
establishment) 
performance 
photograph 
prescribed conditions (in sections 46 to 52) 
producer (in relation to a sound recording or 
film) 
programme (in the context of broadcasting) 
prospective owner (of copyright) 
publication and related expressions 
published edition (in the context of copyright 
in the typographical arrangement) 
pupil 
rental right 
reprographic copies and reprographic copying 
reprographic process 
right holder 
sculpture 
signed 
sound recording 
specified library or archive (in sections 46 to 
52) 
sufficient acknowledgement 
sufficient disclaimer 
teacher 
telecommunications system 
typeface 
unauthorized ( as regards things done in 
relation to a work) 
unknown (in relation to the author of a work) 
unknown authorship (work of) 
wireless telegraphy 
work (in Schedule 2) 
work of more than one author (in Division 
VIII) 
writing and written section 46(5) 
section 161 
sections 101 ( 4 ), 102(3) and 194 
section 145(2) 
section 145(1) 
section 154 
section 4(1) 
section 4(2) 
section 26 
section 4(1) 
section 195(3) 
section 27(2) 
section 5 
section 46(2)(a) 
section 198 
section 8(3) 
section 102(2) 
section 196 
section 10 
section 195(2) 
section 198 
section 198 
section 198 
section 135 
section 5 
section 197 
section 6 
section 46(2)(b) 
section 198 
section 198 
section 195(2) 
section 198 
section 198 
section 198 
section 11(5) 
section 11(4) 
section 198 
paragraph 2(1) of that Schedule 
section 145(3) 
section 198 IP/N/1/HKG/C/1 
Page 109 
[cf. 1988 c. 48 s. 179 U.K.] IP/N/1/HKG/C/1 
Page 110 
Chapter: 
Section: 528 
200 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Rights conferred on 
performers and persons 
having fixation rights 
PART III 
RIGHTS IN PERFORMANCES 
DIVISION I Version Date: 
THE RIGHTS, INFRINGEMENT OF THE RIGHTS AND 
REMEDIES FOR INFRINGEMENT 30/06/1997 
Introductory 
( 1) This Part confers rights-
( a) on a performer, by requiring his consent to the exploitation of his performances and thus 
enabling him to prohibit such exploitation without his consent (see sections 201 to 207); and 
(b) on a person having fixation rights in relation to a performance, in relation to fixations made 
without his consent or that of the performer (see sections 208 to 211 ). 
(2) In this Part-
"fixation", in relation to a performance, means a film or sound recording­
(a) made directly from the unfixed perfonnance; 
(b) made from a broadcast of, or cable programme including, the performance; or 
(c) made, directly or indirectly, from another fixation of the perfonnance; 
"performance" means-
( a) a dramatic performance (which includes dance and mime); 
(b) a musical performance; 
( c) a reading or recitation of a literary work; 
( d) a performance of a variety act or any similar presentation, 
which is, or so far as it is, an unfixed performance given by one or more individuals; 
"performer" means an actor, singer, musician, dancer or any other person who acts, sings, 
delivers, declaims, plays in, interprets, or otherwise performs a performance. 
(3) The rights conferred by this Part are independent of-
Chapter: 
Section: (a) any copyright in, or moral rights relating to, any work perfonned or any film or sound 
recording of, or broadcast or cable programme including, the performance; and 
(b) any other right or obligation arising otherwise than under this Part. 
528 
201 Title: 
Heading: [cf. 1988 c. 48 s. 180 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Qualifying performances Version Date: 30/06/1997 
Performers' rights 
A perfonnance is a qualifying performance for the purposes of the provisions of this Part relating to 
performers' rights if it is given in Hong Kong or elsewhere by an individual domiciled or resident or having a 
right of abode in Hong Kong or elsewhere. 
[cf. 1988 c. 48 s. 181 U.K.] Chapter: 
Section: 528 
202 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Consent required for 
fixation, etc. of unfixed 
performance Version Date: IP/N/1/HKG/C/1 
Page 111 
30/06/1997 
(1) A performer's rights are infringed by a person who, without the performer's consent-
(a) makes a fixation of the whole or any substantial part of a qualifying performance directly 
from the unfixed performance; 
(b) broadcasts live, or includes live in a cable programme service, or makes available to the 
public live, the whole or any substantial part of a qualifying performance; or 
( c) makes a fixation of the whole or any substantial part of a qualifying performance directly 
from a broadcast of, or cable programme including, the unfixed performance or directly 
from the unfixed performance which is made available to the public live. 
(2) A performer's rights are not infringed by the making of any such fixation by a person for his 
private and domestic use. 
(3) In an action for infringement of a performer's rights brought by virtue of this section damages 
shall not be awarded against a defendant who shows that at the time of the infringement he believed on 
reasonable grounds that consent had been given. 
( 4) In this section "makes available to the public live", in relation to a 
performance, means the making available of the unfixed performance, by wire or wireless means, in such a 
way that members of the public in Hong Kong or elsewhere may access the performance from a place 
individually chosen by them. 
Chapter: 
Section: 528 
203 Title: 
Heading: [cf. 1988 c. 48 s. 182 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Consent required for 
copying of fixation Version Date: 30/06/1997 
(I) A performer's rights are infringed by a person who, without the performer's consent, makes, 
otherwise than for his private and domestic use, a copy of a fixation of the whole or any substantial part of a 
qualifying performance; and references in this Part to copying and copies are construed as follows. 
(2) It is immaterial whether the copy is made directly or indirectly. 
(3) Making of a copy of a fixation means reproducing the fixation in any material form. This includes 
storing the fixation in any medium by electronic means. 
( 4) The right of a performer under this section to authorize or prohibit the making of such copies is 
referred to in this Part as "the right of reproduction". 
Chapter: 
Section: 528 
204 Title: 
Heading: [cf. 1988 c. 48 s. 182A U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Consent required for issue Version Date: 
of copies to public 30/06/1997 
(I) A performer's rights are infringed by a person who, without the performer's consent, issues to 
the public copies of a fixation of the whole or any substantial part of a qualifying performance. 
(2) References in this Part to the issue to the public of copies of a fixation are to the act of putting 
into circulation copies not previously put into circulation, in Hong Kong or elsewhere, by or with the consent 
of the performer. 
(3) References in this Part to the issue to the public of copies of a fixation do not include-
(a) any subsequent distribution, sale, hiring or loan of copies previously put into circulation; or 
(b) any subsequent importation of such copies into Hong Kong. 
( 4) References in this Part to the issue of copies of a fixation of a performance include the issue of 
the original fixation of the unfixed performance. 
(5) The right of a performer under this section to authorize or prohibit the issue of copies to the 
public is referred to in this Part as "the right of distribution". 
[cf. 1988 c. 48 s. 182B U.K.] IP/N/1/HKG/C/1 
Page 112 
Chapter: 
Section: 528 
205 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Consent required for Version Date: 30/06/1997 
making available of copies 
to public 
( l) A performer's rights are infringed by a person who, without the performer's consent, makes 
available to the public copies of a fixation of the whole or any substantial part of a qualifying performance. 
(2) References in this Part to the making available to the public of copies of a fixation of a 
performance are to the making available of copies of the fixation, by wire or wireless means, in such a way 
that members of the public in Hong Kong or elsewhere may access the fixation from a place and at a time 
individually chosen by them (such as the making available of copies of works through the service commonly 
known as the INTERNET). 
(3) References in this Part to the making available of copies of a fixation of a performance include 
the making available of the original fixation of the unfixed performance. 
( 4) The mere provision of physical facilities for enabling the making available to the public of copies 
of a fixation of a performance does not of itself constitute an act of making available to the public of copies 
of the fixations. 
(5) The right of a performer under this section to authorize or prohibit the making available of copies 
of a fixation to the public is referred to in this Part as "the right of making available to the public". 
Chapter: 
Section: 528 
206 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Infringement of performer's Version Date: 
rights by use of fixation 
made without consent 30/06/1997 
(I) A performer's rights are infringed by a person who, without the performer's consent-
(a) shows or plays in public the whole or any substantial part of a qualifying performance; or 
(b) broadcasts or includes in a cable programme service the whole or any substantial part of a 
qualifying performance, 
by means of a fixation which was, and which that person knows or has reason to believe was, made without 
the performer's consent. 
(2) A performer's rights are also infringed by a person who, without the performer's consent, shows 
or plays the whole or any substantial part of a qualifying performance in the course of making available to 
the public a fixation which was, and which that person knows or has reason to believe was, made without 
the performer's consent. 
Chapter: 
Section: 528 
207 Title: 
Heading: [cf. 1988 c. 48 s. 183 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Infringement of performer's Version Date: 
rights by importing, 
exporting, possessing or 
dealing with infringing 
fixation 30/06/1997 
(1) A performer's rights are infringed by a person who, without the performer's consent-
(a) imports into Hong Kong or exports from Hong Kong, otherwise than for his private and 
domestic use; or 
(b) for the purpose of trade or business possesses, makes available to the public, sells or lets for 
hire, offers or exposes for sale or hire, or distributes, 
a fixation of a qualifying performance which is, and which that person knows or has reason to believe is, an 
infringing fixation. 
(2) Where in an action for infringement of a performer's rights brought by virtue of this section a 
defendant shows that the infringing fixation was innocently acquired by him or a predecessor in title of his, 
the only remedy available against him in respect of the infringement is damages not exceeding a reasonable 
payment in respect of the act complained of. 
(3) In subsection (2) "innocently acquired" means that the person acquiring the 
fixation did not know and had no reason to believe that it was an infringing fixation. 
[cf. 1988 c. 48 s. 184 U.K.] Chapter: 
Section: 528 
208 Title: 
Heading: IP/N/1/HKG/C/1 
Page 113 
COPYRIGHT ORDINANCE Gazette Number: 
Exclusive fixation contracts Version Date: 
and persons having fixation 
rights 
Rights of person having fixation rights 30/06/1997 
(1) In this Part an "exclusive fixation contract" means a contract between a 
performer and another person under which that person is entitled to the exclusion of all other persons 
(including the performer) to make fixations of one or more of the performer's performances with a view to 
their commercial exploitation. 
(2) References in this Part to a "person having fixation rights", in relation to a performance, are 
(subject to subsection (3)) to a person-
(a) who is a party to and has the benefit of an exclusive fixation contract to which the 
performance is subject; or 
(b) to whom the benefit of such a contract has been assigned, 
and who is a qualifying person. 
(3) If a performance is subject to an exclusive fixation contract but the person mentioned in 
subsection (2) is not a qualifying person, references in this Part to a "person having fixation rights" in 
relation to the performance are to any person-
( a) who is licensed by such a person to make fixations of the performance with a view to their 
commercial exploitation; or 
(b) to whom the benefit of such a licence has been assigned, 
and who is a qualifying person. 
(4) In this section "with a view to commercial exploitation" means with a 
view to the fixations being sold or let for hire, or shown or played in public, or issued or made available to 
the public. 
Chapter: 
Section: 528 
209 Title: 
Heading: [cf. 1988 c. 48 s. 185 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Consent required for Version Date: 30/06/1997 
fixation of performance 
subject to exclusive contract 
(1) A person infringes the rights of a person having fixation rights in relation to a performance who, 
without the latter's consent or that of the performer, makes a fixation of the whole or any substantial part of 
the performance, otherwise than for his private and domestic use. 
(2) In an action for infringement of those rights brought by virtue of this section damages shall not be 
awarded against a defendant who shows that at the time of the infringement he believed on reasonable 
grounds that consent had been given. 
[cf. 1988 c. 48 s. 186 U.K.] IP/N/1/HKG/C/1 
Page 114 
Chapter: 
Section: 528 
210 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Infringement of fixation 
rights by use of fixation 
made without consent Version Date: 30/06/1997 
(1) A person infringes the rights of a person having fixation rights in relation to a performance who, 
without the latter's consent or, in the case of a qualifying performance, that of the performer-
(a) shows or plays in public the whole or any substantial part of the performance; or 
(b) broadcasts or includes in a cable programme service the whole or any substantial part of the 
performance, 
by means of a fixation which was, and which that person knows or has reason to believe was, made without 
the appropriate consent. 
(2) A person infringes the rights of a person having fixation rights in relation to a performance who, 
without the latter's consent or, in the case of a qualifying performance, that of the performer, shows or 
plays the whole or any substantial part of the performance in the course of making available to the public a 
fixation which was, and which that person knows or has reason to believe was, made without the 
appropriate consent. 
(3) The reference in subsection (I) or (2) to "the appropriate consent" is to the consent of­
(a) the performer; or 
Chapter: 
Section: (b) the person who at the time the consent was given had fixation rights in relation to the 
performance ( or, if there was more than one such person, of all of them). 
528 
211 Title: 
Heading: [cf. 1988 c. 48 s. 187 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Infringement of fixation 
rights by importing, 
exporting, possessing or 
dealing with infringing 
fixation Version Date: 30/06/1997 
(I) A person infringes the rights of a person having fixation rights in relation to a performance who, 
without the latter's consent or, in the case of a qualifying performance, that of the performer-
(a) imports into Hong Kong or exports from Hong Kong, otherwise than for his private and 
domestic use; or 
(b) for the purpose of trade or business possesses, makes available to the public, sells or lets for 
hire, offers or exposes for sale or hire, or distributes, 
a fixation of the performance which is, and which that person knows or has reason to believe is, an 
infringing fixation. 
(2) Where in an action for infringement of those rights brought by virtue of this section a defendant 
shows that the infringing fixation was innocently acquired by him or a predecessor in title of his, the only 
remedy available against him in respect of the infringement is damages not exceeding a reasonable payment 
in respect of the act complained of. 
(3) In subsection (2) "innocently acquired" means that the person acquiring the 
fixation did not know and had no reason to believe that it was an infringing fixation. 
[cf. 1988 c. 48 s. 188 U.K.] Chapter: 
Section: 528 
212 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Acts permitted Version Date: 
notwithstanding rights 
conferred by this Division 
Exceptions to rights conferred IP/N/1/HKG/C/1 
Page 115 
30/06/1997 
The provisions of Division II specify acts which may be done notwithstanding the rights conferred by 
this Part, being acts which correspond broadly to certain of those specified in Division III of Part II (acts 
permitted notwithstanding copyright). 
Chapter: 
Section: 528 
213 Title: 
Heading: [cf. 1988 c. 48 s. 189 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Power of Tribunal to give Version Date: 30/06/1997 
consent on behalf of owner 
of right of reproduction in 
certain cases 
( 1) The Copyright Tribunal may, on the application of a person wishing to make a copy of a fixation 
of a performance, give consent in a case where the identity or whereabouts of the person entitled to the right 
of reproduction cannot be ascertained by reasonable inquiry. 
(2) Consent given by the Tribunal has effect as consent of the person entitled to the right of 
reproduction for the purposes of the provision of this Part relating to performers' rights and may be given 
subject to any conditions specified in the Tribunal's order. 
(3) The Tribunal shall not give consent under subsection (1) except after the service of such notices 
as may be required by rules made under section 174 (general procedural rules) or as the Tribunal may in 
any particular case direct. 
( 4) In any case the Tribunal shall take into account the following factors-
( a) whether the original fixation was made with the performer's consent and is lawfully in the 
possession or control of the person proposing to make the further fixation; 
(b) whether the making of the further fixation is consistent with the obligations of the parties to 
the arrangements under which, or is otherwise consistent with the purposes for which, the 
original fixation was made. 
(5) Where the Tribunal gives consent under this section it shall, in default of agreement between the 
applicant and the person entitled to the right of reproduction, make such order as it thinks fit as to the 
payment to be made to that person in consideration of consent being given. 
Chapter: 
Section: 528 
214 Title: 
Heading: [ cf. 1988 c. 48 s. 190 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Duration of rights Version Date: 30/06/1997 
Duration of rights 
( l) The following provisions have effect with respect to the duration of the rights conferred by this 
Part. 
(2) The rights conferred by this Part in relation to a performance expire-
(a) at the end of the period of 50 years from the end of the calendar year in which the 
performance takes place; or 
(b) if during that period a fixation of the performance is released, 50 years from the end of the 
calendar year in which it is released, 
subject as follows. 
(3) For the purposes of subsection (2) a fixation is "released" when it is first published, played or 
shown in public, broadcast, included in a cable programme service or made available to the public; but in 
determining whether a fixation has been released no account shall be taken of any unauthorized act. 
[cf. 1988 c. 48 s. 191 U.K.] IP/N/1/HKG/C/1 
Page 116 
Chapter: ~28 
215 Title: COPYRIGHT ORDINANCE Gazette Number: 
Section: Heading: Performers' economic 
rights 
Performers' economic rights 
(1) The following rights conferred by this Part on a performer­
the right of reproduction (section 203); 
the right of distribution (section 204); 
the right of making available to the public (section 205), 
are property rights ("a performer's economic rights"). Version Date: 30/06/1997 
(2) References in this Part to the consent of the performer are to be construed in relation to a 
performer's economic rights as references to the consent of the rights owner. 
(3) Where different persons are (whether in consequence of a partial assignment or otherwise) 
entitled to different aspects of a performer's economic rights in relation to a performance, the rights owner 
for any purpose of this Part is the person who is entitled to the aspect of those rights relevant for that 
purpose. 
( 4) Where a performer's economic rights ( or any aspect of them) is owned by more than one person 
jointly, references in this Part to the rights owner are to all the owners, so that, in particular, any 
requirement of the licence of the rights owner requires the licence of all of them. 
Chapter: 
Section: 528 
216 Title: 
Heading: [cf. 1988 c. 48 s. 191A U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Assignment and licences Version Date: 30/06/1997 
(1) A performer's economic rights are transmissible by assignment, by testamentary disposition or by 
operation of law, as personal or moveable property. 
(2) An assignment or other transmission of a performer's economic rights may be partial, that is, 
limited so as to apply-
(a) to one or more, but not all, of the things requiring the consent of the rights owner; 
(b) to part, but not the whole, of the period for which the rights are to subsist. 
(3) An assignment of a performer's economic rights is not effective unless it is in writing signed by or 
on behalf of the assignor. 
( 4) A licence granted by the owner of a performer's economic rights is binding on every successor in 
title to his interest in the rights, except a purchaser in good faith for valuable consideration and without 
notice (actual or constructive) of the licence or a person deriving title from such a purchaser; and references 
in this Part to doing anything with, or without, the licence of the rights owner are to be construed 
accordingly. 
[cf. 1988 c. 48 s. 191B U.K.] Chapter: 
Section: 528 
217 Title: 
Heading: IP/N/1/HKG/C/1 
Page 117 
COPYRIGHT ORDINANCE Gazette Number: 
Prospective ownership of a Version Date: 
performer's economic 
rights 30/06/1997 
(1) This section applies where by an agreement made in relation to a future fixation of a 
performance, and signed by or on behalf of the performer, the performer purports to assign his performer's 
economic rights (wholly or partially) to another person. 
(2) If on the rights coming into existence the assignee or another person claiming under him would be 
entitled as against all other persons to require the rights to be vested in him, they shall vest in the assignee or 
his successor in title by virtue of this subsection. 
(3) A licence granted by a prospective owner of a performer's economic rights is binding on every 
successor in title to his interest (or prospective interest) in the rights, except a purchaser in good faith for 
valuable consideration and without notice (actual or constructive) of the licence or a person deriving title 
from such a purchaser. 
References in this Part to doing anything with, or without, the licence of the rights owner are to be 
construed accordingly. 
(4) In subsection (3) "prospective owner", in relation to a performer's economic rights, 
means a person who is prospectively entitled to those rights, by virtue of such an agreement as is mentioned 
in subsection (1). 
Chapter: 
Section: 528 
218 Title: 
Heading: [cf. 1988 c. 48 s. 191C U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Exclusive licences Version Date: 30/06/1997 
(1) In this Part an "exclusive licence" means a licence in writing signed by or on behalf 
of the owner of a performer's economic rights authorizing the licensee to the exclusion of all other persons, 
including the person granting the licence, to do anything requiring the consent of the rights owner. 
(2) The licensee under an exclusive licence has the same rights against a successor in title who is 
bound by the licence as he has against the person granting the licence. 
Chapter: 
Section: 528 
219 Title: 
Heading: [cf. 1988 c. 48 s. l91D U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Performer's economic right Version Date: 
to pass under will with 
unpublished original 
fixation 30/06/1997 
Where under a. bequest (whether general or specific) a person is entitled beneficially or otherwise to 
any material thing containing an original fixation of a performance which was not published before the death 
of the testator, the bequest is, unless a contrary intention is indicated in the testator's will or a codicil to it, to 
be construed as including any performer's rights in relation to the fixation to which the testator was entitled 
immediately before his death. 
[cf. 1988 c. 48 s. 191E U.K.] IP/N/1/HKG/C/l 
Page 118 
Chapter: 
Section: 528 
220 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Infringement actionable by Version Date: 
rights owner 30/06/1997 
(1) An infringement of a performer's economic rights or of any right conferred by this Part on a 
person having fixation rights is actionable by the rights owner. 
(2) In an action for infringement of a performer's economic rights or of any right conferred by this 
Part on a person having fixation rights all such relief by way of damages, injunctions, accounts or otherwise 
is available to the plaintiff as is available in respect of the infringement of any other property right. 
(3) This section has effect subject to the following provisions of this Part. 
Chapter: 
Section: 528 
221 Title: 
Heading: [cf. 1988 c. 48 s. 1911 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Provisions as to damages in Version Date: 
infringement action 30/06/1997 
( l) Where in an action for infringement of a performer's economic rights or of any right conferred by 
this Part on a person having fixation rights it is shown that at the time of the infringement the defendant did 
not know, and had no reason to believe, that the rights subsisted in the fixation to which the action relates, 
the plaintiff is not entitled to damages against him, but without prejudice to any other remedy. 
(2) The court may in an action for infringement of a performer's economic rights or of any right 
conferred by this Part on a person having fixation rights having regard to all the circumstances, and in 
particular to-
( a) the flagrancy of the infringement; 
(b) any benefit accruing to the defendant by reason of the infringement; and 
(c) the completeness, accuracy and reliability of the defendant's business accounts and records, 
award such additional damages as the justice of the case may require. 
Chapter: 
Section: 528 
222 Title: 
Heading: [cf. 1988 c. 48 s. 191J U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Right and remedies for Version Date: 30/06/1997 
exclusive licensee 
(1) An exclusive licensee has, except against the owner of a performer's economic rights, the same 
rights and remedies in respect of matters occurring after the grant of the licence as if the licence had been an 
assignment. 
(2) His rights and remedies are concurrent with those of the rights owner; and references in the 
relevant provisions of this Part to the rights owner are to be construed accordingly. 
(3) In an action brought by an exclusive licensee by virtue of this section a defendant may avail 
himself of any defence which would have been available to him if the action had been brought by the rights 
owner. 
[cf. 1988 c. 48 s. 191L U.K.] Chapter: 
Section: 528 
223 Title: 
Heading: IP/N/1/HKG/C/1 
Page 119 
COPYRIGHT ORDINANCE Gazette Number: 
Exercise of concurrent 
rights Version Date: 30/06/1997 
(1) Where an action for infringement of a performer's economic rights brought by the rights owner 
or an exclusive licensee relates (wholly or partly) to an infringement in respect of which they have 
concurrent rights of action, the rights owner or, as the case may be, the exclusive licensee may not, without 
the leave of the court, proceed with the action unless the other is either joined as plaintiff or added as a 
defendant. 
(2) A rights owner or exclusive licensee who is added as a defendant in pursuance of subsection (1) 
is not liable for any costs in the action unless he takes part in the proceedings. 
(3) The above provisions do not affect the granting of interlocutory relief on an application by the 
rights owner or exclusive licensee alone. 
(4) Where an action for infringement of a performer's economic rights is brought which relates 
(wholly or partly) to an infringement in respect of which the rights owner and an exclusive licensee have or 
had concurrent rights of action-
( a) the court shall in assessing damages take into account-
(i) the terms of the licence; and 
(ii) any pecuniary remedy already awarded or available to either of them in respect of the 
infringement; 
(b) no account of profits shall be directed if an award of damages has been made, or an account 
of profits has been directed, in favour of the other of them in respect of the infringement; 
and 
( c) the court shall if an account of profits is directed apportion the profits between them as the 
court considers just, subject to any agreement between them, 
and these provisions apply whether or not the rights owner and the exclusive licensee are both parties to the 
action. 
(5) The owner of a performer's economic rights shall notify any exclusive licensee having concurrent 
rights before applying for an order under section 228 ( order for delivery up); and the court may on the 
application of the licensee make such order under section 228 as it thinks fit having regard to the terms of 
the licence. 
[cf. 1988 c. 48 s. 191M U.K.] 
Chapter: 
Section: 528 
224 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Performers' non-economic Version Date: 
rights 
Non-economic rights 
(1) The rights conferred on a performer by-
section 202 ( consent required for fixation, etc. of unfixed performance); 30/06/1997 
section 206 (infringement of performer's rights by use of fixation made without consent); and 
section 207 (infringement of performer's rights by importing, exporting, possessing or dealing with 
infringing fixation), 
are not assignable or transmissible, except to the following extent. 
They are referred to in this Part as "a performer's non-economic rights". 
(2) On the death of a person entitled to any such right-
(a) the right passes to such person as he may by testamentary disposition specifically direct; and 
(b) if or to the extent that there is no such direction, the right is exercisable by his personal 
representatives. 
(3) References in this Part to the performer, in the context of the person having any such right, are to 
be construed as references to the person for the time being entitled to exercise those rights. 
(4) Where by virtue of subsection (2)(a) a right becomes exercisable by more than one person, it is 
exercisable by each of them independently of the other or others. 
(5) Any damages recovered by personal representatives by virtue of this section in respect of an 
infringement after a person's death devolves as part of his estate as if the right of action had subsisted and 
been vested in him immediately before his death. 
[cf. 1988 c. 48 s. 192A U.K.] IP/N/1/HKG/C/1 
Page 120 
Chapter: 
Section: 528 
225 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Transmissibility of rights of Version Date: 
person having fixation 
rights 30/06/1997 
(1) The rights conferred by this Part on a person having fixation rights are not assignable or 
transmissible. 
(2) This does not affect section 208(2)(b) or (3)(b), so far as those provisions confer rights under this 
Part on a person to whom the benefit of a contract or licence is assigned. 
Chapter: 
Section: 528 
226 Title: 
Heading: [cf. 1988 c. 48 s. 192B U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Consent Version Date: 30/06/1997 
(1) Consent for the purposes of this Part by a person having a performer's non-economic rights, or 
by a person having fixation rights, may be given in relation to a specific performance, to a specified 
description of performances or to performances generally, and may relate to past or future performances. 
(2) A person having fixation rights in a performance is bound by any consent given by a person 
through whom he derives his rights under the exclusive fixation contract or licence in question, in the same 
way as if the consent had been given by him. 
(3) Where a performer's non-economic right passes to another person, any consent binding on the 
person previously entitled binds the person to whom the right passes in the same way as if the consent had 
been given by him. 
Chapter: 
Section: 528 
227 Title: 
Heading: [cf. 1988 c. 48 s. 193 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Infringement actionable Version Date: 30/06/1997 
Remedies for infringement 
An infringement of a performer's non-economic rights is actionable as a breach of statutory duty owed 
to the person entitled to the rights. Chapter: 
Section: 528 
228 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: J P/N/1 /HKG/C/l 
Page 121 
Order for delivery up Version Date: 30/06/1997 
Delivery up of infringing fixation 
( 1) Where a person has in his possession, custody or control for the purpose of trade or business an 
infringing fixation of a performance, a person having performer's rights or fixation rights in relation to the 
performance under this Part may apply to the court for an order that the fixation be delivered up to him or 
to such other person as the court may direct. 
(2) An arr>lication may not be made after the end of the period specified in section 230; and the 
court shal I not nwm:~"an,'order unless the court also makes, or it appears to the court that there are grounds 
for making, an order"under section 23 l (order as to disposal of infringing fi:-:.ation). 
(3) A person to whom a fixation is delivered up in pursuance of an order under this section shall, if 
an order under section 231 is not made, retain it pending the making of an order, or the decision not to 
make an order, under that section. 
( 4) Nothing in this section affects any other power of the coun. 
[cf. 1988 c. 48 s. 195 U.K.] IP/N/1/HKG/C/1 
Page 122 
Chapter: 
Section: 528 
229 Title: COPYRIGHT ORDINANCE Gazette Number: 
Heading: Meaning of "infringing Version Date: 30/06/1997 
fixation" 
(1) In this Part "infringing fixation", in relation to a performance, is to be 
construed in accordance with this section. 
(2) For the purposes of a performer's rights, a fixation of the whole or any substantial part of a 
performance of his is an infringing fixation if it is made, otherwise than for private purposes, without his 
consent. 
(3) For the purposes of the rights of a person having fixation rights, a fixation of the whole or any 
substantial part of a performance subject to the exclusive fixation contract is an infringing fixation if it is 
made, otherwise than for private purposes, without his consent or that of the performer. 
( 4) A fixation of a performance is also an infringing fixation if-
( a) it has been or is proposed to be imported into Hong Kong; and 
(b) its making in Hong Kong would have constituted an infringement of the rights conferred by 
this Part in the performance in question, or a breach of an exclusive licence agreement 
relating to that performance. 
(5) For the purposes of Division III (proceedings relating to importation of infringing fixations) "i 
nfringing fixation" does not include a fixation of a performance-
(a) that was lawfully made in the country, territory or area where it was made; 
(b) that has been or is proposed to be imported into Hong Kong; and 
( c) its making in Hong Kong would have constituted an infringement of the rights conferred by 
this Part in the performance in question, or a breach of an exclusive licence agreement 
relating to that performance. 
(6) Where in any proceedings the question arises whether a fixation is an infringing fixation and it is 
shown-
(a) that the fixation is a fixation of the unfixed performance; and 
(b) that rights conferred by this Part subsist in the performance or have subsisted at any time, 
it shall be presumed until the contrary is proved that the fixation was made at a time when rights conferred 
by this Part subsisted in the performance. 
(7) In this Part "infringing fixation" includes a fixation falling to be treated 
as an infringing fixation by virtue of any of the following provisions of Division II­
section 243(3) (fixations made for purposes of instruction or examination); 
section 245(3) (fixations made by educational establishments for educational purposes); 
section 251(2) (fixations of performance in electronic form retained on transfer of principal fixation); or 
section 256(3) (fixations made for the purposes of broadcast or cable programme), 
but otherwise does not include a fixation made in accordance with any of the provisions of Division II. 
(8) For the purposes of subsection (5)(a) "lawfully made" does not include the 
making of a fixation in a country, territory or area where there is no law protecting rights in performances in 
the performance or where the rights in performances in the performance has expired. 
[cf. 1988 c. 48 s. 197 U.K.] Chapter: 
Section: 528 
230 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Period after which remedy Version Date: 
of delivery up not available 
Supplementary provisions with respect to delivery up IP/N/1/HKG/C/1 
Page 123 
30/06/1997 
(1) An application for an order under section 228 (order for delivery up in civil proceedings) may not 
be made after the end of the period of 6 years from the date on which the infringing fixation in question was 
made, subject to the following provisions of this section. 
(2) If during the whole or any part of that period a person entitled to apply for an order­
(a) is under a disability; or 
(b) is prevented by fraud or concealment from discovering the facts entitling him to apply, 
an application may be made by him at any time before the end of the period of 6 years from the date on 
which he ceased to be under a disability or, as the case may be, could with reasonable diligence have 
discovered those facts. 
(3) In subsection (2) "disability" has the same meaning as in the Limitation 
Ordinance (Cap 347). 
Chapter: 
Section: 
Remarks: 528 
231 Title: 
Heading: COPYRIGHT ORDINANCE 
Order as to disposal of 
infringing fixation [cf. 1988 c. 48 s. 203 U.K.] 
Gazette Number: 25 of 1998 s. 2 
Version Date: 01/07/1997 
Amendments retroactively made -see 25 of 1998 s. 2 
(1) An application may be made to the court for an order that an infringing fixation of a performance 
delivered up in pursuance of an order under section 228 should be-
( a) forfeited to such person having performer's rights or fixation rights in relation to the 
performance as the court may direct; or 
(b) destroyed or otherwise dealt with as the court may think fit, 
or for a decision that no such order should be made. 
(2) In considering what order (if any) should be made, the court shall consider whether other 
remedies available in an action for infringement of the rights conferred by this Part would be adequate to 
compensate the person or persons entitled to the rights and to protect their interests. 
(3) The power to make rules of court under section 54 of the High Court Ordinance (Cap 4) includes 
power to make rules of court for the purposes of this section. (Amended 25 of 1998 s. 2) 
(4) The rules of court for the purposes of this section may include rules as to the service of notice on 
persons having an interest in the fixation, and any such person is entitled-
( a) to appear in proceedings for an order under this section, whether or not he was served with 
notice; and 
(b) to appeal against any order made, whether or not he appeared. 
( 5) An order under this section does not take effect until the end of the period within which notice of 
an appeal may be given or, if before the end of that period notice of appeal is duly given, until the final 
determination or abandonment of the proceedings on the appeal. 
(6) Where there is more than one person interested in a fixation, the court shall make such order as it 
thinks just and may (in particular) direct that the fixation be sold, or otherwise dealt with, and the proceeds 
divided. 
(7) If the court decides that no order should be made under this section, the person in whose 
possession, custody or control the fixation was before being delivered up is entitled to its return. 
(8) References in this section to a person having an interest in a fixation include any person in whose 
favour an order could be made in respect of the fixation under this section or under section 111 (which 
makes similar provision in relation to infringement of copyright). 
[cf. 1988 c. 48 s. 204 U.K.] IP/N/1/HKG/C/1 
Page 124 
Chapter: 
Section: 
Remarks: 528 
232 Title: COPYRIGHT ORDINANCE Gazette Number: 25 of 1998 s. 2 
Heading: Jurisdiction of District Version Date: 01/07/1997 
Court 
Amendments retroactively made -see 25 of 1998 s. 2 
( 1) The District Court may entertain proceedings under-
( a) section 228 (order for delivery up of infringing fixation); or 
(b) section 231 ( order as to disposal of infringing fixation), 
where the value of the infringing fixation in question does not exceed the limit for actions in tort set out in 
section 32 of the District Court Ordinance (Cap 336). 
(2) Nothing in this section affects the jurisdiction of the Court of First Instance. (Amended 25 of 
1998 s. 2) 
Chapter: 
Section: 528 
233 Title: 
Heading: [cf. 1988 c. 48 s. 205 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Jurisdiction of Copyright Version Date: 30/06/1997 
Tribunal 
Jurisdiction of Copyright Tribunal 
(1) The Copyright Tribunal has jurisdiction under this Part to hear and determine proceedings under­
(a) section 213 (application to give consent on behalf of owner of the right of reproduction); 
(b) paragraph 6 of Schedule 3 ( contrary rights). 
(2) The provisions of Division IX of Part II (general provisions relating to the Copyright Tribunal) 
apply in relation to the Tribunal when exercising any jurisdiction under this Part. 
Chapter: 
Section: 528 
234 Title: 
Heading: [cf. 1988 c. 48 s. 205B U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Qualifying person Version Date: 30/06/1997 
In this Part "qualifying person" means-
(a) an individual domiciled or resident or having a right of abode in Hong Kong or elsewhere; or 
(b) a body incorporated under the law of any country, territory or area, 
subject to section 236. 
Chapter: 
Section: 528 
235 Title: 
Heading: [cf. 1988 c. 48 s. 206 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Ships, aircraft and 
hovercraft registered in 
Hong Kong Version Date: 30/06/1997 
This Part applies to things done on a ship, aircraft or hovercraft registered under the Jaw of Hong 
Kong as it applies to things done in Hong Kong. 
[cf. 1988 c. 48 s. 210 U.K.] Chapter: 
Section: 
Remarks: 528 
236 Title: 
Heading: COPYRIGHT ORDINANCE 
Denial of protection to 
people of countries, etc. not 
giving adequate protection 
to Hong Kong performers IP/N/1/HKG/C/1 
Page 125 
Gazette Number: 22 of 1999 
Version Date: 01/07/1997 
Amendments retroactively made -see 22 of 1999 s. 3 
(I) Subject to subsection (5), ifit appears to the Chief Executive in Council that performer's rights of 
Hong Kong performers or fixation rights of Hong Kong qualifying persons are not adequately protected in a 
country, territory or area as a result of any prejudicial treatment given to those performers or qualifying 
persons by that country, territory or area, the Chief Executive in Council may by regulation in accordance 
with this section restrict the rights conferred by this Part in relation to the performances of the performers 
connected with that country, territory or area or in relation to fixations made by qualifying persons 
connected with that country, territory or area. 
(2) The Chief Executive in Council shall designate in the regulation the country, territory or area 
concerned and provide that, for the purposes specified in the regulation, a performance given or a fixation 
made after a date specified in the regulation does not qualify for protection under this Part-
( a) in the case of a performance, if at the time of the performance the performer is an individual 
domiciled or resident or having a right of abode in that country, territory or area (and not at 
the same time domiciled or resident or having a right of abode in Hong Kong); or 
(b) in the case of a fixation, if at the time of the making of the fixation, the maker is-
(i) an individual domiciled or resident or having a right of abode in that country, territory 
or area (and not at the same time domiciled or resident or having a right of abode in 
Hong Kong); or 
(ii) a body incorporated under the law of that country, territory or area, 
and the regulation may make such provision for all the purposes of this Part or for such purposes as are 
specified in the regulation, and either generally or in relation to such class of cases as are specified in the 
regulation, having regard to the nature and extent of that prejudicial treatment referred to in subsection (1). 
(3) In this section "Hong Kong performers" means a performer who is an 
individual domiciled or resident or having a right of abode in Hong Kong. 
( 4) In this section "Hong Kong qualifying persons" means a qualifying person 
who is-
(a) an individual domiciled or resident or having a right of abode in Hong Kong; or 
(b) a body incorporated under the law of Hong Kong. 
(5) The Chief Executive in Council shall not exercise his power under this section in relation to a 
country, territory or area which is a party to a bilateral or multilateral copyright or related right convention to 
which Hong Kong is also a party or the application of which has been extended to Hong Kong. 
Chapter: 
Section: 528 
237 Title: 
Heading: (Amended 22 of 1999 s. 3) 
COPYRIGHT ORDINANCE Gazette Number: 
Transitional provisions and Version Date: 
savings 30/06/1997 
Schedule 3 contains transitional provisions and savings relating to performances given and acts or 
events occurring, before the commencement of this Part, and otherwise with respect to the operation of the 
provisions of this Part. IP/N/1/HKG/C/l 
Page 126 
Chapter: 
Section: 528 
238 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Expressions having same 
meaning as in copyright 
provisions 
Interpretation Version Date: 30/06/1997 
(1) The following expressions have the same meaning in this Part as in Part II (copyright)­
article in transit; 
authorized officer; 
broadcast; 
business; 
cable programme; 
cable programme service; 
Commissioner; 
Copyright Tribunal; 
export; 
film; 
import; 
literary work; 
published; and 
sound recording. 
(2) The provisions of section 8(3) to (5), sections 9(4) and 27(4) (supplementary provisions relating 
to broadcasting and cable programme services) apply for the purposes of this Part, and in relation to an 
infringement of the rights conferred by this Part, as they apply for the purposes of Part II and in relation to 
an infringement of copyright. 
[cf. 1988 c. 48 s. 211 U.K.] IP/N/1/HKG/C/1 
Page 127 
Chapter: 
Section: 528 
239 Title: COPYRIGHT ORDINANCE Gazette Number: 
Heading: Index of defined expressions Version Date: 30/06/1997 
The following Table shows provisions defining or otherwise explaining expressions used in this Part 
( other than provisions defining or explaining an expression used only in the same section)-
broadcast (and related expressions) section 238 (and section 8) 
business 
cable programme, cable programme service 
(and related expressions) 
consent of performer (in relation to 
performer's economic rights) 
copy and copying 
exclusive fixation contract 
exclusive licence 
film 
fixation ( of a performance) 
fixation rights (person having) 
infringing fixation 
literary work 
performance 
performer 
performer's economic rights 
performer's non-economic rights 
published 
qualifying performance 
qualifying person 
right of distribution 
right of making available to the public 
right of reproduction section 238(1) (and section 198) 
section 238 (and section 9) 
section 215(2) 
section 203 
section 208(1) 
section 218 
section 238(1) (and section 7) 
section 200(2) 
section 208(2) and (3) 
section 229 
section 238(1) (and section 4(1)) 
section 200(2) 
section 200(2) 
section 215(1) 
section 224(1) 
section 23 8(1) ( and section 196) 
section 201 
section 234 
section 204(5) 
section 205(5) 
section 203(4) 
rights owner (in relation to performer's economic section 215(3) and ( 4) 
rights) 
sound recording section 238(1) (and section 6) 
[cf. 1988 c. 48 s. 212 U.K.] IP/N/1/HKG/C/1 
Page 128 
Chapter: 
Section: 528 
240 Title: COPYRIGHT ORDINANCE Gazette Number: 
Heading: Introductory Version Date: 30/06/1997 
DIVISION II 
RIGHTS IN PERFORMANCES: PERMITTED ACTS 
(1) The provisions of this Division specify acts which may be done in relation to a performance or 
fixation notwithstanding the rights conferred by this Part; they relate only to the question of infringement of 
those rights and do not affect any other right or obligation restricting the doing of any of the specified acts. 
(2) In determining whether an act specified in this Division may be done in relation to a performance 
or fixation notwithstanding the rights conferred by this Part, the primary consideration is that the act does 
not conflict with a normal exploitation of the performance or fixation by the rights owner of the rights 
conferred by this Part and does not unreasonably prejudice the legitimate interests of the rights owner of 
those rights. 
(3) No inference is to be drawn from the description of any act which may by virtue of this Division 
be done without infringing the rights conferred by this Part as to the scope of those rights. 
( 4) The provisions of this Division are to be construed independently of each other, so that the fact 
that an act does not fall within one provision does not mean that it is not covered by another provision. 
[cf. 1988 c. 48 Sch. 2 para. 1 U.K.] 
Chapter: 
Section: 528 
241 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Criticism, reviews and 
news reporting Version Date: 
(1) Fair dealing with a performance or fixation-30/06/1997 
( a) for the purpose of criticism or review, of that or another performance or fixation, or of a 
work; or 
(b) for the purpose of reporting current events, 
does not infringe any of the rights conferred by this Part. 
(2) Expressions used in this section have the same meaning as in section 39. 
[cf. 1988 c. 48 Sch. 2 para. 2 U.K.] 
Chapter: 
Section: 528 
242 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Incidental inclusion of 
performance or fixation Version Date: 30/06/1997 
(1) The rights conferred by this Part are not infringed by the incidental inclusion of a performance or 
fixation in a sound recording, film, broadcast or cable programme. 
(2) Those rights are also not infringed by anything done in relation to copies of, or the playing, 
showing, broadcasting or inclusion in a cable programme service of, anything whose making was, by virtue 
of subsection (1 ), not an infringement of those rights. 
(3) A performance or fixation so far as it consists of music, or words spoken or sung with music, is 
not regarded as incidentally included in a sound recording, broadcast or cable programme if it is deliberately 
included. 
( 4) Expressions used in this section have the same meaning as in section 40. 
[cf. 1988 c. 48 Sch. 2 para. 3 U.K.] Chapter: 
Section: 528 
243 Title: 
Heading: COPYRJGHT ORDINANCE Gazette Number: 
Things done for purposes of Version Date: 
instruction or examination IP/N/1/HKG/C/1 
Page 129 
30/06/1997 
( 1) The rights conferred by this Part are not infringed by the copying of a fixation of a performance, 
to a reasonable extent, in the course of instruction, or of preparation for instruction, in the making of films 
or film sound-tracks, if the copying is done by a person giving or receiving instruction. 
(2) The rights conferred by this Part are not infringed-
(a) by the copying of a fixation of a performance for the purposes of setting or answering the 
questions in an examination; or 
(b) by anything done for the purposes of an examination by way of communicating the 
questions to the candidates. 
(3) Where a fixation which would otherwise be an infringing fixation is made in accordance with this 
section but is subsequently dealt with, it is treated as an infringing fixation for the purposes of that dealing, 
and if that dealing infringes any right conferred by this Part, for all subsequent purposes. 
For this purpose "dealt with" means sold or let for hire, or offered or exposed for sale 
or hire. 
( 4) Expressions used in this section have the same meaning as in section 41. 
Chapter: 
Section: 528 
244 Title: 
Heading: [cf. 1988 c. 48 Sch. 2 para. 4 U.K.] 
COPYRJGHT ORDINANCE Gazette Number: 
Playing or showing sound Version Date: 30/06/1997 
recording, film, broadcast 
or cable programme at 
educational establishment 
(1) The playing or showing of a sound recording, film, broadcast or cable programme at an 
educational establishment for the purposes of instruction before an audience consisting of teachers and 
pupils at the establishment and other persons directly connected with the activities of the establishment is 
not a playing or showing of a performance in public for the purposes of infringement of the rights conferred 
by this Part. 
(2) A person is for this purpose directly connected with the activities of an educational establishment 
if he is the parent or guardian of a pupil at the establishment. 
(3) Expressions used in this section have the same meaning as in section 43. 
Chapter: 
Section: 528 
245 Title: 
Heading: [cf. 1988 c. 48 Sch. 2 para. 5 U.K.] 
COPYRJGHT ORDINANCE Gazette Number: 
Recording of broadcasts and Version Date: 
cable programmes by 
educational establishments 30/06/1997 
( 1) A recording of a broadcast or cable programme, or a copy of such a recording, may be made by 
or on behalf of an educational establishment for the educational purposes of that establishment without 
thereby infringing any of the rights conferred by this Part in relation to any performance or fixation included 
in it. 
(2) Recording or copying is not authorized by this section if, or to the extent that, licences under 
licensing schemes are available authorizing the recording or copying in question and the person making the 
recordings or copies knew or ought to have been aware of that fact. 
(3) Where a recording or copy which would otherwise be an infringing fixation is made in accordance 
with this section but is subsequently dealt with, it is treated as an infringing fixation for the purposes of that 
dealing, and if that dealing infringes any right conferred by this Part, for all subsequent purposes. 
For this purpose "dealt with" means sold or let for hire, or offered or exposed for sale 
or hire. 
( 4) Expressions used in this section have the same meaning as in section 44. 
[cf. 1988 c. 48 Sch. 2 para. 6 U.K.] IP/N/1/HKG/C/1 
Page 130 
Chapter: 
Section: 528 
246 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Copying by librarians or 
archivists: articles of 
cultural or historical 
importance Version Date: 30/06/1997 
(1) The librarian or archivist of a specified library or archive may make a copy of an article of 
cultural or historical importance or interest and deposit the copy at the library or archive without infringing 
any right conferred by this Part in respect of that article if the article is likely to be lost to Hong Kong 
through sale or export. 
(2) Expressions used in this section have the same meaning as in section 53. 
Chapter: 
Section: 528 
247 Title: 
Heading: [cf. 1988 c. 48 Sch. 2 para. 7 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Legislative Council and 
judicial proceedings Version Date: 30/06/1997 
( 1) The rights conferred by this Part are not infringed by anything done for the purposes of the 
proceedings of the Legislative Council or judicial proceedings or for the purpose of reporting such 
proceedings. 
(2) Expressions used in this section have the same meaning as in section 54. 
Chapter: 
Section: 528 
248 Title: 
Heading: [cf. 1988 c. 48 Sch. 2 para. 8 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Statutory inquiries Version Date: 30/06/1997 
(1) The rights conferred by this Part are not infringed by anything done for the purposes of the 
proceedings of a statutory inquiry or for the purpose of reporting any such proceedings held in public. 
(2) Expressions used in this section have the same meaning as in section 55. 
Chapter: 
Section: 528 
249 Title: 
Heading: [cf. 1988 c. 48 Sch. 2 para. 9 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Public records Version Date: 30/06/-1997 
(1) Material which is comprised in public records which are open to public inspection may be copied, 
and a copy may be supplied to any person without infringing any right conferred by this Part. 
(2) Expressions used in this section have the same meaning as in section 58. 
Chapter: 
Section: 528 
250 Title: 
Heading: [cf. 1988 c. 48 Sch. 2 para. 10 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Acts done under statutory Version Date: 30/06/1997 
authority 
(1) Where the doing of a particular act is specifically authorized by an Ordinance, whenever enacted, 
then, unless the Ordinance provides otherwise, the doing of that act does not infringe the rights conferred by 
this Part. 
(2) Nothing in this section is to be construed as excluding any defence of statutory authority 
otherwise available under or by virtue of any Ordinance. 
(3) Expressions used in this section have the same meaning as in section 59. 
[cf. 1988 c. 48 Sch. 2 para. 11 U.K.] IP/N/1/HKG/C/1 
Page 131 
Chapter: 528 
251 Title: COPYRIGHT ORDINANCE Gazette Number: 
Section: Heading: Transfer of fixations of 
performances in electronic 
form Version Date: 30/06/1997 
(1) This section applies where a fixation of a performance in electronic form ( other than such a 
fixation which was made available to the public) has been purchased on terms which, expressly or impliedly 
or by virtue of any rule of law, allow the purchaser to make further fixations in connection with his use of 
the fixation. 
(2) If there are no express terms-
(a) prohibiting the transfer of the fixation by the purchaser, imposing obligations which continue 
after a transfer, prohibiting the assignment of any consent or terminating any consent on a 
transfer; or 
(b) providing for the terms on which a transferee may do the things which the purchaser was 
permitted to do, 
anything which the purchaser was allowed to do may also be done by a transferee without infringement of 
the rights conferred by this Part, but any fixation made by the purchaser which is not also transferred is to 
be treated as an infringing fixation for all purposes after the transfer. 
(3) Subsection (2) applies where the original purchased fixation is no longer usable and what is 
transferred is a further copy used in its place. 
( 4) The above provisions also apply on a subsequent transfer, with the substitution for references in 
subsection (2) to the purchaser of references to the subsequent transferor. 
(5) This section does not apply in relation to a fixation purchased before the commencement of this 
Part. 
(6) Expressions used in this section have the same meaning as in section 64. 
[cf. 1988 c. 48 Sch. 2 para. 12 U.K.] 
Chapter: 528 
252 Title: COPYRIGHT ORDINANCE Gazette Number: 
Section: Heading: Certain copying permitted Version Date: 
when performances made 
available to the public 30/06/1997 
The rights conferred by this Part in a fixed performance are not infringed by the copying of a fixation 
which is reasonably required for the viewing or listening of the fixation by a member of the public to whom 
the fixation is made available (within the meaning of section 205) provided that such act does not conflict 
with a normal exploitation of the fixation and does not unreasonably prejudice the legitimate inte_rests of the 
performer or the person who has fixation rights in relation to the performance. 
Chapter: 
Section: 528 
253 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Use of fixations of spoken 
words in certain cases Version Date: 30/06/1997 
(1) Where a fixation of the reading or recitation of a literary work is made for the purpose­
(a) of reporting current events; or 
(b) of broadcasting or including in a cable programme service the whole or part of the reading or 
recitation, 
it is not an infringement of the rights conferred by this Part to use the fixation ( or to copy the fixation and 
use the copy) for that purpose, if the conditions in subsection (2) are met. 
(2) The conditions are that-
(a) the fixation is a direct fixation of the reading or recitation and is not taken from a previous 
fixation or from a broadcast or cable programme; 
(b) the making of the fixation was not prohibited by or on behalf of the person giving the 
reading or recitation; 
( c) the use made of the fixation is not of a kind prohibited by or on behalf of that person before 
the fixation was made; and 
( d) the use is by or with the authority of a person who is lawfully in possession of the fixation. 
(3) Expressions used in this section have the same meaning as in section 67. 
[cf. 1988 c. 48 Sch. 2 para. 13 U.K.] IP/N/1/HKG/C/l 
Page 132 
Chapter: 
Section: 528 
254 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Fixations offolksongs Version Date: 30/06/1997 
(1) A fixation of a performance of a song may be made for the purpose of including it in an archive 
maintained by a designated body without infringing any of the rights conferred by this Part, if the conditions 
in subsection (2) are met. 
(2) The conditions are that-
(a) the words are unpublished and of unknown authorship at the time the fixation is made; 
(b) the making of the fixation does not infringe any copyright; and 
(c) its making is not prohibited by any performer. 
(3) Copies of a fixation made in reliance on subsection (1) and included in an archive maintained by 
a designated body may, if the prescribed conditions are met, be made and supplied by the archivist without 
infringing any of the rights conferred by this Part. 
( 4) In this section-
" designated body" means a body designated for the purposes of section 70; and 
"the prescribed conditions" means the conditions prescribed for the purposes of that section, 
and other expressions used in this section have the same meaning as in that section. 
Chapter: 
Section: 528 
255 Title: 
Heading: [ cf. 1988 c. 48 Sch. 2 para. 14 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Performance, showing or Version Date: 30/06/1997 
playing of works for 
purposes of club, society, 
etc. 
(1) It is not an infringement of any right conferred by this Part to perform, show or play a work 
(other than a broadcast or a cable programme) as part of the activities of, or for the benefit of, a club, 
society or other organization if the following conditions are met. 
(2) The conditions are-
(a) that the club, society or organization is not established or conducted for profit and its main 
objects are charitable or are otherwise concerned with the advancement of religion, 
education or social welfare; and 
(b) that the proceeds of any charge for admission to the place where the work is to be 
performed, shown or played are applied solely for the purposes of the club, society or 
organization. 
(3) Expressions used in this section have the same meaning as in section 76. _ 
Chapter: 
Section: 528 
256 Title: 
Heading: [cf. 1988 c. 48 Sch. 2 para. 15 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Incidental fixation for 
purposes of broadcast or 
cable programme Version Date: 30/06/1997 
(1) A person who proposes to broadcast a fixation of a performance, or include a fixation of a 
performance in a cable programme service, in circumstances not infringing the rights conferred by this Part 
is to be treated as having consent for the purposes of this Part for the making of a further fixation for the 
purposes of the broadcast or cable programme. 
(2) That consent is subject to the condition that the further fixation­
(a) must not be used for any other purpose; and 
(b) must be destroyed within 3 months of being first used for broadcasting the performance or 
including it in a cable programme service. 
(3) A fixation made in accordance with this section is treated as an infringing fixation-
(a) for the purposes of any use in breach of the condition mentioned in subsection (2)(a); and 
(b) for all purposes after that condition or the condition mentioned in subsection (2)(b) is 
broken. 
( 4) Expressions used in this section have the same meaning as in section 77. 
[cf. 1988 c. 48 Sch. 2 para. 16 U.K.] Chapter: 
Section: 528 
257 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Recordings for purposes of Version Date: 
supervision and control of 
broadcasts and cable 
programmes IP/N/1/HKG/C/1 
Page 133 
30/06/1997 
(1) The rights conferred by this Part are not infringed by the making or use by Radio Television 
Hong Kong for the purpose of maintaining supervision and control over programmes broadcast by them, of 
recordings of those programmes. 
(2) The rights conferred by this Part are not infringed by the making or use of recordings-
( a) by the Broadcasting Authority for the performance of its functions mentioned in section 9 of 
the Broadcasting Authority Ordinance (Cap 391); or 
(b) pursuant to the instructions of the Broadcasting Authority in the performance of those 
functions. 
(3) Expressions used in this section have the same meaning as in section 78. 
Chapter: 
Section: 528 
258 Title: 
Heading: [cf. 1988 c. 48 Sch. 2 para. 17 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Free public showing or 
playing of broadcast or 
cable programme Version Date: 30/06/1997 
(1) The showing or playing in public of a broadcast or cable programme ( other than an encrypted 
broadcast or cable programme) to an audience who have not paid for admission to the place where the 
broadcast or programme is to be seen or heard does not infringe any right conferred by this Part in relation 
to a performance or fixation included in-
( a) the broadcast or cable programme; or 
(b) any sound recording or film which is played or shown in public by reception of the 
broadcast or cable programme. 
(2) The audience are treated as having paid for admission to a place-
(a) if they have paid for admission to a place of which that place forms part; or 
(b) if goods or services are supplied at that place ( or a place of which it forms part)-
(i) at prices which are substantially attributable to the facilities afforded for seeing or 
hearing the broadcast or programme; or -
(ii) at prices exceeding those usually charged there and which are partly attributable to 
those facilities. 
(3) The following are not regarded as having paid for admission to a place-
(a) persons admitted as residents or inmates of the place which is operated by a charitable 
organization and the facilities therein are provided not for profit; 
(b) persons admitted as members of a club or society whose main objects are charitable or are 
otherwise concerned with the advancement of religion, education or social welfare and 
where the payment is only for membership of the club or society and the provision of 
facilities for seeing or hearing broadcasts or programmes is only incidental to the main 
purposes of the club or society. 
(4) Where the making of the broadcast or inclusion of the programme in a cable programme service 
was an infringement of the rights conferred by this Part in relation to a performance or fixation, the fact that 
it was heard or seen in public by the reception of the broadcast or programme is to be taken into account in 
assessing the damages for that infringement. 
(5) Expressions used in this section have the same meaning as in section 81. 
[ cf. 1988 c. 48 Sch. 2 para. 18 U.K.] IP/N/1/HKG/C/1 
Page 134 
Chapter: 
Section: 528 
259 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Reception and 
re-transmission of 
broadcast in cable 
programme service Version Date: 30/06/1997 
(1) The rights conferred by this Part are not infringed by the inclusion of a performance or fixation in 
a television broadcast or a sound broadcast that is, by reception and immediate re-transmission without any 
alteration, included in a service provided by-
(a) a communal aerial broadcast distribution system within the scope of section 8(4)(e) of the 
Telecommunication Ordinance (Cap 106); 
(b) an interconnection between a communal aerial broadcast distribution system within the 
scope of section 8(4)(e) of the Telecommunication Ordinance (Cap 106) and a subscription 
television network licensed under the Television Ordinance (Cap 52), where the 
re-transmission is for the reception of the users of the communal aerial broadcast 
distribution system; or 
( c) a system licensed under a broadcast relay station licence issued under the 
Telecommunication Regulations (Cap 106 sub. leg.). 
(2) The rights conferred by this Part are not infringed by the inclusion of a performance or fixation in 
a television broadcast or sound broadcast that is not encrypted and that is, by reception and immediate 
re-transmission without any alteration, included in a service provided-
(a) by a system licensed under a satellite master antenna television licence issued under the 
Telecommunication Regulations (Cap 106 sub. leg.); or 
(b) by an interconnection between a system licensed under a satellite master antenna television 
licence issued under the Telecommunication Regulations (Cap 106 sub. leg.) and a 
subscription television network licensed under the Television Ordinance (Cap 52) and where 
the re-transmission is for the reception of the users of the satellite master antenna television 
system, 
until the expiration of 6 months beginning on the day of publication of the notice in accordance with 
subsection (6). 
(3) Where a television broadcast or sound broadcast is made or uplinked from a place in Hong Kong 
or elsewhere, and the broadcast is a lawful broadcast, then any person who, by the reception and immediate 
re-transmission of the broadcast without any alteration, includes a programme in a service provided by a 
system or an interconnection specified in subsection (1) or (2), being a programme comprising a 
performance, shall be in a like position, in any proceedings for infringement of the performer's right (if any) 
in the performance, as if he had been the holder of a licence granted by the performer to include the 
performance in any programme so included in that service. -
(4) Notwithstanding subsections (1) and (2), where the making of the broadcast was in infringement 
of those rights, the fact that the broadcast was re-transmitted as a programme in a cable programme service 
is to be taken into account in assessing the damages for that infringement. 
(5) Where a television broadcast or a sound broadcast is not encrypted, the person who, by the 
reception and immediate re-transmission of the broadcast without any alteration, includes a programme in a 
service provided by a system or interconnection specified in subsection (2) is deemed to have been granted 
an implied licence by the maker of the broadcast to receive and re-transmit the broadcast using the system 
which is only revocable by notice given in accordance with subsection (6). 
(6) The maker of a broadcast in respect of which a licence is deemed to have been granted under 
subsection ( 5) may revoke the licence by publishing a notice of revocation in-
( a) 1 Chinese language newspaper circulating in Hong Kong; and 
(b) 1 English language newspaper circulating in Hong Kong. 
(7) Expressions used in this section have the same meaning as in section 82. 
[cf. 1988 c. 48 Sch. 2 para. 19 U.K.] Chapter: 
Section: 528 
260 Title: 
Heading: IP/N/1/HKG/C/1 
Page 135 
COPYRIGHT ORDINANCE Gazette Number: 
Provision of sub-titled 
copies of broadcast or cable 
programme Version Date: 30/06/1997 
( 1) A designated body may, for the purpose of providing people who are deaf or hard of hearing, or 
physically or mentally handicapped in other ways, with copies which are sub-titled or otherwise modified for 
their special needs, make recordings of television broadcasts or cable programmes without infringing any 
right conferred by this Part in relation to a performance or fixation included in the broadcast or cable 
programme. 
(2) Recording is not authorized by this section if, or to the extent that, licences under licensing 
schemes are available authorizing the recording in question and the person making the recordings knew or 
ought to have been aware of that fact. 
(3) In this section "designated body" means a body designated for the purposes of 
section 83 and other expressions used in this section have the same meaning as in that section. 
Chapter: 
Section: 528 
261 Title: 
Heading: [cf. 1988 c. 48 Sch. 2 para. 20 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Recording of broadcast or Version Date: 
cable programme for 
archival purposes 30/06/1997 
(1) A recording of a broadcast or cable programme of a designated class, or a copy of such a 
recording, may be made for the purpose of being placed in an :;irchive maintained by a designated body 
without thereby infringing any right conferred by this Part in relation to a performance or fixation included in 
the broadcast or cable programme. 
(2) In this section "designated class" and "designated body" mean a 
class and a body respectively designated for the purposes of section 84 and other expressions used in this 
section have the same meaning as in that section. 
Chapter: 
Section: 528 
262 [cf. 1988 c. 48 Sch. 2 para. 21 U.K.] 
Title: COPYRIGHT ORDINANCE Gazette Number: 
Heading: Definitions Version Date: 
DIVISION III 
PROCEEDINGS RELATING TO IMPORTATION OF 
INFRINGING FIXATIONS 30/06/1997 
In this Division-
"detention order" means an order made under section 264(1); 
"right holder" means-
( a) the performer of a performance in which performer's rights subsist under this Part or the 
exclusive licensee of the performer's economic rights in such a performance; or 
(b) the person who has fixation rights in relation to the performance. IP/N/1/HKG/C/1 
Page 136 
Chapter: 
Section: 
Remarks: 528 
263 Title: 
Heading: COPYRIGHT ORDINANCE 
Application for detention 
order Gazette Number: 25 of 1998 s. 2 
Version Date: 01/07/1997 
Amendments retroactively made -see 25 of 1998 s. 2 
(1) A right holder may apply to the Court of First Instance for an order under section 264(1) where 
he has reasonable grounds for suspecting that the importation of an article that constitutes an infringing 
fixation of the performance in respect of which he is a right holder may take place. (Amended 25 of 1998 s. 
2) 
(2) An application under subsection (1) may be made ex parte but with previous notice to the 
Commissioner. 
(3) An application under subsection (1) must be in such form as is prescribed by rules of court and 
must be supported by an affidavit of the right holder which-
( a) states that at the time the application is made rights in performances subsist under this Part 
in the performance in question; 
(b) states whether the deponent is the owner or the exclusive licensee of the rights in 
performances conferred by this Part; 
( c) where the deponent purports to be the exclusive licensee, states the facts and exhibits such 
documents relied upon by the deponent to establish that he is the exclusive licensee; 
(d) states that a copy of the fixation of the performance exhibited to the affidavit is an 
authorized copy of the fixation; 
(e) states the grounds for the application, including the facts relied upon by the deponent as 
showing that the article in question is prima facie an infringing fixation; 
(f) sets out a sufficiently detailed description of the article in question to make it readily 
recognizable by the Commissioner; 
(g) sets out particulars regarding the expected mode of transportation and the expected date of 
importation and, if available, particulars identifying the importer; and 
(h) sets out such other information and exhibits such other documents as may be prescribed by 
rules of court. 
( 4) No application may be made under subsection (1) with respect to an article in transit. 
(5) No application may be made under subsection (1) with respect to the importation by a person of 
an article for his private and domestic use. 
(6) Section 121 applies in respect of an affidavit made in accordance with subsection (3) by the 
exclusive licensee of the performer's economic rights that subsist in a qualifying performance under this Part 
in the same manner as it would apply if the affidavit were made by the owner of those rights. -Chapter: 
Section: 
Remarks: 528 
264 Title: 
Heading: IP/N/1/HKG/C/1 
Page 137 
COPYRIGHT ORDINANCE Gazette Number: 25 of 1998 s. 2 
Issuance of detention order Version Date: 01/07/1997 
Amendments retroactively made -see 25 of 1998 s. 2 
(1) Where, on the hearing of an application made under section 263, the right holder presents 
adequate evidence to satisfy the Court of First Instance that the article in question is prima facie an 
infringing fixation, the Court of First Instance may make an order directing the Commissioner or an 
authorized officer to take reasonable measures to seize or detain the article on or after its importation. 
(2) The Court of First Instance may require the right holder to provide security or an equivalent 
assurance in an amount sufficient to protect the importer and any other person having an interest in the 
article to be seized or detained, including the consignee and the owner of the article, from any loss or 
damage that may be incurred in the event that the seizure or detention is wrongful or the article is released 
to the importer under section 265(6). 
(3) A detention order may contain such terms and conditions as the Court of First Instance considers 
appropriate. 
( 4) The Court of First Instance shall not make a detention order with respect to any article that has 
been seized or detained by, and that is in the custody of, the Commissioner or an authorized officer 
pursuant to any law. 
(5) Where the Commissioner or an authorized officer seizes or detains an article pursuant to any law, 
other than this Division or Division VII of Part II, any detention order made with respect to that article 
ceases to have effect. 
( 6) Where the Court of First Instance makes a detention order, the right holder shall forthwith serve 
a copy of the order on the Commissioner. 
(7) A detention order has effect from the date on which it is made or such later date as may be 
specified by the Court of First Instance and ceases to have effect 60 days from that date unless the 
Commissioner or an authorized officer has, pursuant to the order and within that period, seized or detained 
any article to which the order applies. 
(Amended 25 of 1998 s. 2) IP/N/1/HKG/C/1 
Page 138 
Chapter: 528 
Section: 265 
Remarks: Title: COPYRIGHT ORDINANCE 
Heading: Enforcement of detention 
order 
Adaptation amendments retroactively made -see 25 of 1998 s. 2 Gazette Number: L.N. 362 of 
1997; 25 of 
1998 
Version Date: 01/07/1997 
(1) Where a detention order is served on the Commissioner, the Commissioner or an authorized 
officer shall, subject to the terms and conditions of the order, seize or detain any article to which the order 
applies. 
(2) The right holder shall-
(a) supply to the Commissioner or an authorized officer sufficient information on the article and 
the particular importation to render the article recognizable and the shipment or particular 
importation identifiable and any other information the Commissioner or an authorized officer 
may reasonably require for the purpose of carrying out the detention order; 
(b) deposit with the Commissioner an amount that is, in the opinion of the Commissioner, 
sufficient to reimburse the Government for the costs likely to be incurred in connection with 
the carrying out of the detention order; and 
( c) upon notification in writing by the Commissioner or an authorized officer of the seizure or 
detention of the article, provide such storage space and other facilities as he may require. 
(3) The Commissioner or an authorized officer may refuse to carry out the detention order if the 
right holder fails to comply with subsection (2). 
( 4) The Commissioner may, after giving written notice to the right holder, apply to the Court of First 
Instance for directions in carrying out the detention order, and the Court of First Instance may, after giving 
the right holder an opportunity to be heard, give such directions as it thinks fit. (Amended 25 of 1998 s. 2) 
(5) The Commissioner or an authorized officer shall forthwith after an article is seized or detained 
pursuant to a detention order, give written notice of the seizure or detention to­
(a) the right holder; 
(b) the importer; and 
( c) any other person to whom notice is required to be given by the terms of the order. 
(6) Subject to subsection (7) and to any law authorizing the Commissioner or an authorized officer to 
seize or detain articles, the Commissioner or an authorized officer shall release any article that has been 
seized or detained pursuant to a detention order to the importer if the right holder has not, within a period of 
10 days after notice of the seizure or detention is given to the right holder, notified the Commissioner in 
writing that an action for infringement in respect of the article has been brought under this Part.-
(7) The Court of First Instance may, on application by the right holder, after giving the 
Commissioner and each person to whom notice is required to be given under subsection (5) an opportunity 
to be heard, extend the period referred to in subsection (6) by a period not exceeding an additional 10 days if 
it is satisfied that the request for the extension is reasonable. (Amended 25 of 1998 s. 2) 
(8) In proceedings under subsection (7), the Court of First Instance may require the right holder to 
provide security or an equivalent assurance in addition to that provided in accordance with section 264(2). 
(Amended 25 of 1998 s. 2) 
(9) Where the right holder has, within the period referred to in subsection (6), as may be extended 
under subsection (7), notified the Commissioner in writing that an action for infringement in respect of the 
aiticle has been brought under this Part, the Commissioner or an authorized officer shall retain custody of 
the article subject to the direction of the court in the infringement proceedings. 
(10) No public holiday, gale warning day or black rainstorm warning day is reckoned in the 
computation of the period referred to in subsection (6), as may be extended under subsection (7). 
( 11) In this section-
"black rainstorm warning day" means any day throughout or for part of which a 
black rainstorm warning is in force, and "black rainstorm warning" means a 
warning issued by the Director of the Hong Kong Observatory of a heavy rainstorm in, or in the IP/N/1/HKG/C/1 
Page 139 
vicinity of, Hong Kong by the use of the heavy rainstorm signal commonly referred to as Black; 
(Amended L.N. 362 of 1997) 
"gale warning day" means any day throughout or for part of which a gale warning is in 
force, and "gale warning" has the meaning assigned to it by section 2 of the Judicial 
Proceedings (Adjournment During Gale Warnings) Ordinance (Cap 62). 
Chapter: 
Section: 
Remarks: 528 
266 Title: COPYRIGHT ORDINANCE Gazette Number: 25 of 1998 s. 2 
Heading: Variation or setting aside of Version Date: 01/07/1997 
detention order 
Amendments retroactively made -see 25 of 1998 s. 2 
(1) The Commissioner or the right holder may at any time apply to the Court of First Instance to 
vary the detention order. 
(2) The importer or any other person affected by the detention order may at any time apply to the 
Court of First Instance to vary or set aside the order. 
(3) A person who makes an application under subsection (1) or (2) shall give to the other parties 
such notice of the day fixed for the hearing of the application as a judge of the Court of First Instance may 
order. 
(4) On the hearing of an application under subsection (1) or (2) to vary the detention order, the 
Court of First Instance may vary the order in such manner as it thinks just. 
(5) On the hearing of an application under subsection (2) to set aside the detention order, the Court 
of First Instance may set aside the order on such terms and conditions as it thinks just. 
(6) For the purposes of subsection (3)-
(a) the parties to an application under subsection (1) are the Commissioner, the right holder and, 
if the article in question has been seized or detained pursuant to the detention order, the 
importer and any other person to whom notice is required to be given under section 265(5); 
and 
(b) the parties to an application under subsection (2) are the Commissioner, the right holder, the 
applicant and the importer, if the importer is not the applicant. 
(Amended 25 of 1998 s. 2) IP/N/1/HKG/C/1 
Page 140 
Chapter: 
Section: 
Remarks: 528 
267 Title: COPYRIGHT ORDINANCE Gazette Number: 25 of 1998 s. 2 
Heading: Disclosure of information Version Date: 01/07/1997 
Amendments retroactively made -see 25 of 1998 s. 2 
(I) Where an article is seized or detained pursuant to a detention order, the Commissioner may 
disclose to the right holder-
(a) the names and addresses of the importer, the consignor and the consignee; 
(b) the nature and quantity of articles seized or detained pursuant to the order; 
( c) any statement made to the Commissioner or an authorized officer by any person in 
connection with the seizure or detention, either with the prior consent in writing of that 
person or without such consent where the person is dead or cannot after reasonable 
enquiries by the Commissioner as to his whereabouts be found by the Commissioner; and 
( d) any other information or document relating to any article seized or detained pursuant to the 
order which the Commissioner thinks fit to disclose. 
(2) Where the right holder seeks disclosure of-
(a) any information or document that is not referred to in subsection (1); or 
(b) any information or document that is referred to in subsection (1) but which the 
Commissioner has not disclosed, 
he may apply to the Court of First Instance for an order requiring the Commissioner to disclose such 
information or document and the Court of First Instance may on such an application make such order for 
disclosure as it deems fit. (Amended 25 of 1998 s. 2) 
(3) An application under subsection (2) may be begun by motion with previous notice to the 
Commissioner. 
Chapter: 
Section: 528 
268 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Inspection of articles, 
release of samples, etc. Version Date: 30/06/1997 
(1) Where an article is seized or detained pursuant to a detention order, the Commissioner or an 
authorized officer shall-
( a) give the right holder sufficient opportunity to inspect the article for the purpose of 
substantiating his claim; and 
(b) give the importer an equivalent opportunity to inspect the article for the purpose of refuting 
the right holder's claim. -
(2) Where more than one article is seized or detained pursuant to a detention order, the 
Commissioner or an authorized officer may permit the right holder or the importer to remove samples of the 
seized or detained articles if the right holder or the importer, as the case may be, gives the Commissioner or 
authorized officer the requisite undertakings. 
(3) For the purposes of subsection (2), the requisite undertakings are undertakings in writing that the 
person giving the undertaking will-
( a) return the samples to the Commissioner or authorized officer at a specified time that is 
satisfactory to the Commissioner or authorized officer; and 
(b) take reasonable care to prevent unnecessary damage to the samples. 
( 4) If the Commissioner or an authorized officer permits the inspection of any seized or detained 
article, or the removal of a sample, by the right holder in accordance with this section, the Government is 
not liable to the importer for any loss or damage suffered by the importer arising out of-
( a) damage to any article incurred during the inspection; or 
(b) anything done by the right holder or any other person to, or in relation to, a sample removed 
by the right holder or any use made by the right holder of such sample. Chapter: 
Section: 528 
269 Title: 
Heading: IP/N/1/HKG/C/1 
Page 141 
COPYRIGHT ORDINANCE Gazette Number: 
Costs payable Version Date: 30/06/1997 
(I) The Commissioner may assess the costs incurred by the Government in connection with the 
carrying out of a detention order and may deduct those costs from the amount paid as a deposit by the right 
holder under section 265(2). 
(2) Any costs assessed under subsection ( 1) shall be payable by the right holder to the Government 
and recoverable as a civil debt. 
Chapter: 
Section: 
Remarks: 528 
270 Title: 
Heading: COPYRIGHT ORDINANCE 
Compensation payable to 
importer, etc. Gazette Number: 25 of 1998 s. 2 
Version Date: 01/07/1997 
Amendments retroactively made -see 25 of 1998 s. 2 
(I) Where an article is seized or detained pursuant to a detention order and the article is released 
pursuant to section 265(6), the importer, the consignee or the owner of the article may, within 6 months 
after the date on which the order is made, apply to the Court of First Instance for compensation for any loss 
or damage suffered by him by reason of the seizure or detention. 
(2) Where-
(a) an article is seized or detained pursuant to a detention order; 
(b) an action for infringement is brought under this Part in respect of the article within the 
period referred to in section 265(6), as may be extended under section 265(7); and 
( c) the action is discontinued, the claim of infringement is withdrawn or the court in the 
infringement proceedings determines that the infringement is not proved, 
the importer, the consignee or the owner of the article may, within 6 months after the date on which the 
action is discontinued, the claim is withdrawn or the court renders its determination, as the case may be, 
apply to the Court of First Instance for compensation for any loss or damage suffered by him by reason of 
the seizure or detention. 
(3) On an application under subsection (I) or (2), the Court of First Instance may make such order 
for compensation as it deems fit. 
Chapter: 
Section: 
Remarks: 528 
271 (Amended 25 of 1998 s. 2) 
Title: COPYRIGHT ORDINANCE Gazette Number: 25 of 1998 s. 2 
Heading: Rules Version Date: 01/07/1997 
Amendments retroactively made -see 25 of 1998 s. 2 
The power to make rules of court under section 54 of the High Court Ordinance (Cap 4) includes 
power to make rules of court regulating and prescribing the procedure and the practice to be followed in the 
Court of First Instance under this Division, and any matter incidental to or relating to that procedure or 
practice, including rules prescribing any matter or thing that under this Division is to be or may be prescribed 
by rules of court. 
(Amended 25 of 1998 s. 2) IP/N/1/HKG/C/1 
Page 142 
Chapter: 
Section: 528 
272 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Protection of 
Commissioner and 
authorized officers Version Date: 30/06/1997 
(1) The Commissioner and authorized officers are not liable for any loss or damage suffered by any 
person as a result of any action taken or omitted to be taken in good faith in connection with the carrying 
out of a detention order. 
(2) The protection conferred by subsection (1) on the Commissioner and authorized officers in 
respect of any action taken or omitted to be taken in good faith in connection with the carrying out of those 
duties shall not affect in any manner any liability of the Government for that action taken or omitted to be 
taken. 
Chapter: 
Section: 528 
273 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Devices designed to Version Date: 30/06/1997 
circumvent copy-protection 
Expanded Cross Reference: 
Sections 115, 116, 117 
PARTIV 
TECHNOLOGICAL MEASURES AND GENERAL 
Devices designed to circumvent copy-protection 
(1) This section applies where-
( a) copies of a copyright work are issued or made available to the public; or 
(b) an unfixed performance is made available to the public or copies of a fixation of a 
performance are issued or made available to the public, 
by or with the licence of the copyright owner, the performer or the person having fixation rights in relation 
to the performance, as may be appropriate, in any form which is copy-protected. 
(2) The person issuing or making available the copies or the unfixed performance to the public has 
the same rights and remedies against a person who, knowing or having reason to believe that it will be used 
to make infringing copies or infringing fixations-
( a) makes, imports, exports, sells or lets for hire, offers or exposes for sale or hire, advertises 
for sale or hire, or possesses for the purpose of trade or business, any device or means 
specifically designed or adapted to circumvent the form of copy-protection employed; or 
(b) publishes information intended to enable or assist persons to circumvent that form of 
copy-protection, 
as a copyright owner has in respect of an infringement of copyright. 
(3) Further, the person issuing or making available the copies or the unfixed performance to the 
public has the same rights and remedies under section 109 ( delivery up) in relation to any such device or 
means which a person has in his possession, custody or control with the intention that it should be used to 
make infringing copies of copyright works or infringing fixations of performances, as a copyright owner has 
in relation to an infringing copy. 
( 4) References in this section to copy-protection include any device or means specifically intended to 
prevent or restrict copying of a work or fixation of a performance or to impair the quality of copies or 
fixations made. 
(5) Sections 115 to 117 (presumptions as to certain matters relating to copyright) apply in relation to 
proceedings under this section as they do in relation to proceedings under Part II ( copyright), and section 
111 applies, with the necessary modifications, in relation to the disposal of anything delivered up by virtue 
of subsection (3). <* Note-Exp. X-Ref.: Sections 115, 116, 117*> 
[cf. 1988 c. 48 s. 296 U.K.] Chapter: 
Section: 528 
274 Title: 
Heading: IP/N/1/HKG/C/1 
Page 143 
COPYRIGHT ORDINANCE Gazette Number: 
Rights and remedies in Version Date: 30/06/1997 
respect of unlawful acts to 
interfere with rights 
management information 
Rights management information 
( 1) A person who provides rights management information is entitled to the following rights and 
remedies. 
(2) He has the same rights and remedies against a person who-
(a) removes or alters any electronic rights management information provided by him without his 
authority; or 
(b) issues or makes available to the public, sells or lets for hire, imports into or exports from 
Hong Kong, broadcasts or includes in a cable programme service, without his authority, 
works or copies of works, performances, fixations of performances to which the electronic 
rights management information is attached knowing that the electronic rights management 
information has been removed or altered without his authority, 
as a copyright owner has in respect of an infringement of copyright. 
(3) References in this section to rights management information means-
(a) information which identifies the work, the author of the work, the owner of any right in the 
work, the performer, or the performance of the performer; 
(b) information about the terms and conditions of use of the work, the person having fixation 
rights in relation to the performance, or the performance; or 
( c) any numbers or codes that represent such information, 
when any of these items of information is attached to a copy of a work or a fixed performance or appears in 
connection with the making available of a work or a fixed performance to the public. 
Chapter: 
Section: 528 
275 Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
Rights and remedies in Version Date: 30/06/1997 
respect of apparatus, etc. for 
unauthorized reception of 
transmissions 
Fraudulent reception of transmissions 
( 1) A person who-
( a) makes charges for the reception of programmes included in a broadcasting or cable 
programme service provided from a place in Hong Kong or elsewhere; or 
(b) sends encrypted transmissions of any other description from a place in Hong Kong or 
elsewhere, 
is entitled to the following rights and remedies. 
(2) He has the same rights and remedies against a person who-
(a) makes, imports, exports or sells or lets for hire any apparatus or device designed or adapted 
to enable or assist persons to receive the programmes or other transmissions when they are 
not entitled to do so; or 
(b) publishes any information which is calculated to enable or assist persons to receive the 
programmes or other transmissions when they are not entitled to do so, 
as a copyright owner has in respect of an infringement of copyright. 
(3) Further, he has the same rights and remedies under section 109 (delivery up) in relation to any 
such apparatus or device as a copyright owner has in relation to an infringing copy. 
(4) In section 108(1) (innocent infringement of copyright) as it applies to proGeedings for 
infringement of the rights conferred by this section, the reference to the defendant not knowing or having 
reason to believe that copyright subsisted in the work is construed as a reference to his not knowing or 
having reason to believe that his acts infringed the rights conferred by this section. 
(5) Section 111 applies, with the necessary modifications, in relation to the disposal of anything 
delivered up by virtue of subsection (3). 
[cf. 1988 c. 48 s. 298 U.K.] IP/N/1/HKG/C/1 
Page 144 
Chapter: 
Section: 
Remarks: 528 
276 Title: 
Heading: COPYRIGHT ORDINANCE 
Denial of rights under 
section 275 to people of 
countries, etc. not giving 
adequate protection to Hong 
Kong broadcasts, cable· 
programmes and encrypted 
transmissions Gazette Number: 22 of 1999 
Version Date: 01/07/1997 
Amendments retroactively made -see 22 of 1999 s. 3 
( 1) Subject to subsection (3), if it appears to the Chief Executive in Council that broadcasts made or 
cable programmes or encrypted transmissions sent from Hong Kong are not adequately protected in a 
country, territory or area as a result of any prejudicial treatment given to those broadcasts, cable 
programmes or transmissions by that country, territory or area, the Chief Executive in Council may by 
regulation in accordance with this section restrict the rights conferred by section 275 in relation to 
broadcasters or providers of cable programme services or encrypted transmissions of that country, territory 
or area. 
(2) The Chief Executive in Council shall designate in the regulation the country, territory or area 
concerned and provide that, for the purposes specified in the regulation, a broadcast made or a cable 
programme or encrypted transmission sent after a date specified in the regulation does not qualify for 
protection conferred by section 275 if at the time of that making or sending the maker or sender is-
(a) an individual domiciled or resident or having a right of abode in that country, territory or 
area (and not at the same time domiciled or resident or having a right of abode in Hong 
Kong); or 
(b) a body incorporated under the law of that country, territory or area, 
and the regulation may make such provision for all the purposes of section 275 or for such purposes as are 
specified in the regulation, and either generally or in relation to such class of cases as are specified in the 
regulation, having regard to the nature and extent of that prejudicial treatment referred to in subsection (1). 
(3) The Chief Executive in Council shall not exercise his power under this section in relation to a 
country, territory or area which is a party to a bilateral or multilateral copyright or related right convention to 
which Hong Kong is also a party or the application of which has been extended to Hong Kong. 
Chapter: 
Section: 528 
277 Title: 
Heading: (Amended 22 of 1999 s. 3) 
COPYRIGHT ORDINANCE Gazette Number: 
Supplementary provisions Version Date: 
as to fraudulent reception 30/06/1997 
Where section 275 applies in relation to a broadcasting service or cable programme service, it also 
applies to any service run for the person providing that service, or a person providing programmes for that 
service, which consists wholly or mainly in the sending by means of a telecommunications system of sounds 
or visual images, or both. 
Chapter: 
Section: 528 
278 Title: 
Heading: [cf. 1988 c. 48 s. 299 U.K.] 
COPYRIGHT ORDINANCE Gazette Number: 
Commissioner may 
authorize officers 
General Version Date: 30/06/1997 
The Commissioner may authorize any public officer to exercise any of the powers and perform any of 
the duties conferred or imposed on an authorized officer under this Ordinance. Chapter: 
Section: 528 
279 Title: 
Heading: IP/N/1/HKG/C/1 
Page 145 
COPYRIGHT ORDINANCE Gazette Number: 
Interpretation Version Date: 30/06/1997 
Expressions used in this Part which are defined for the purposes of Parts II ( copyright) and III (rights 
in performances) have the same meaning as in those Parts. 
Chapter: 
Section: 528 
280 
(Omitted as spent) 
Chapter: 
Section: 528 
281 
(Omitted as spent) 
Chapter: 
Schedule: 528 
I Title: 
Heading: 
Title: 
Heading: 
Title: 
Heading: COPYRIGHT ORDINANCE Gazette Number: 
(Omitted as spent) Version Date: 30/06/1997 
COPYRIGHT ORDINANCE Gazette Number: 
(Omitted as spent) Version Date: 30/06/1997 
COPYRIGHT ORDINANCE Gazette Number: L.N. 211 of 
1999 
EDUCATIONAL 
ESTABLISHMENTS Version Date: 30/07/1999 
[section 19 5 & Schedules 2 & 3] 
1. Any school, within the meaning of section 3 of the Education Ordinance (Cap 279), entirely 
maintained and controlled by the Government. 
2. Any school which is registered or provisionally registered under the Education Ordinance (Cap 279). 
3. Any post secondary college registered under the Post Secondary Colleges Ordinance (Cap 320). 
4. Lingnan University established by the Lingnan University Ordinance (Cap 1165). (Replaced 54 of 
1999 s. 36) 
5. The Hong Kong Institute of Education established by The Hong Kong Institute of Education 
Ordinance (Cap 444). 
6. University of Hong Kong established by the University of Hong Kong Ordinance (Cap 1053). 
7. The Hong Kong Polytechnic University established by The Hong Kong Polytechnic University 
Ordinance (Cap 1075). · 
8. The Chinese University of Hong Kong established by The Chinese University of Hong Kong 
Ordinance (Cap 1109). 
9. Hong Kong Baptist University established by the Hong Kong Baptist University Ordinance (Cap 
1126). 
10. Any industrial training centre or skills centre defined in section 2 of the Vocational Training Council 
Ordinance (Cap 1130). 
11. Any technical college or technical institute defined in section 2 of the Vocational Training Council 
Ordinance (Cap 1130). 
12. City University of Hong Kong established by the City University of Hong Kong Ordinance (Cap 
1132). 
13. The Hong Kong Academy for Performing Arts established by The Hong Kong Academy for 
Performing Arts Ordinance (Cap 1135). 
14. The Hong Kong University of Science and Technology established by The Hong Kong University of 
Science and Technology Ordinance (Cap 1141). 
15. The Open Learning Institute of Hong Kong established by The Open Learning Institute of Hong Kong 
Ordinance (Cap 1145). IP/N/1/HKG/C/1 
Page 146 
Chapter: 
Schedule: 528 
2 Title: 
Heading: 
Expanded Cross Reference: COPYRIGHT ORDINANCE 
COPYRIGHT: 
TRANSITIONAL 
PROVISIONS AND 
SAVINGS Gazette Number: 25 of 1998 
Version Date: 01/07/1997 
17, 18, 19, 20, 21, 107, 108, 109, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 
129, 130, 131, 132, 133 
Remarks: 
Amendments retroactively made -see 25 of 1998 s. 2 
[sections 173, 191 & 199] 
Introductory 
1. (I) In this Schedule-
"the 1911 Act" means the Copyright Act 1911 (1911 c. 46 U.K.) as extended to Hong 
Kong by Proclamation No. 3 of 1912 published in the Gazette of 28 June 1912; 
"the 1956 Act" means the Copyright Act 1956 (1956 c. 74 U.K.) as extended to Hong 
Kong by the Copyright (Hong Kong) Orders 1972 to 1990 (App. III, p. DDI); 
"the Copyright Ordinance" means the Copyright Ordinance (Cap 39) in force immediately 
before the commencement of Part II of this Ordinance; 
"the new copyright provisions" means the provisions of this Ordinance relating to 
copyright, that is, Part II (including this Schedule and Schedule 1) and Schedules 4 and 5 so far as 
they make amendments or repeals consequential on the provisions of Part II; 
"the WTO Ordinance" means the Intellectual Property (World Trade 
Organization Amendments) Ordinance 1996 (11 of 1996). 
(2) References in this Schedule to "commencement", without more, are to the date on which this 
Ordinance (other than the provisions specified in section 1(2) of this Ordinance) comes into force. 
(3) References in this Schedule to "existing works" are to works made before commencement; and 
for this purpose a work of which the making extended over a period is to be taken to have been made when 
its making was completed. 
[cf. 1988 c. 48 Sch. 1 para. 1 U.K.] 
2. (I) In relation to the 1956 Act, references in this Schedule to a work include any work er 
other subject-matter within the meaning of that Act. 
(2) In relation to the 1911 Act-
(a) references in this Schedule to "copyright" include the right conferred by section 24 of that 
Act in substitution for a right subsisting immediately before the commencement of that Act; 
(b) references in this Schedule to "copyright in a sound recording" are to the copyright under 
that Act in records embodying the recording; and 
(c) references in this Schedule to "copyright in a film" are to any copyright under that Act in the 
film (so far as it constituted a dramatic work for the purposes of that Act) or in photographs 
forming part of the film. 
[cf. 1988 c. 48 Sch. 1 para. 2 U.K.] 
General principles: continuity of the law 
3. The new copyright provisions apply in relation to things existing at commencement as they apply in 
relation to things coming into existence after commencement, subject to any express provision to the 
contrary. IP/N/l/HKG/C/1 
Page 147 
[cf. 1988 c. 48 Sch. 1 para. 3 U.K.] 
4. ( 1) The provisions of this paragraph have effect for securing the continuity of the law so far as the 
new copyright provisions re-enact (with or without modification) earlier provisions. 
(2) A reference in an enactment, instrument or other document to copyright, or to a work or other 
subject-matter in which copyright subsists, which apart from this Ordinance would be construed as referring 
to copyright under the 1956 Act is to be construed, so far as may be required for continuing its effect, as 
being, or as the case may require, including, a reference to copyright under this Ordinance or to works in 
which copyright subsists under this Ordinance. 
(3) Anything done (including subsidiary legislation made), or having effect as done, under or for the 
purposes of a provision repealed by this Ordinance has effect as if done under or for the purposes of the 
corresponding provision of the new copyright provisions. 
( 4) References ( expressed or implied) in this Ordinance or any other enactment, instrument or 
document to any of the new copyright provisions are, so far as the context permits, to be construed as 
including, in relation to times, circumstances and purposes before commencement, a reference to 
corresponding earlier provisions. 
(5) A reference (expressed or implied) in an enactment, instrument or other document to a provision 
repealed by this Ordinance is to be construed, so far as may be required for continuing its effect, as a 
reference to the corresponding provision of this Ordinance. 
(6) The provisions of this paragraph have effect subject to any specific transitional provision or 
saving and to any express amendment made by this Ordinance. 
[cf. 1988 c. 48 Sch. 1 para. 4 U.K.] 
Subsistence of copyright: general 
5. ( 1) Copyright subsists in an existing work after commencement if copyright subsisted in it 
immediately before commencement. 
(2) Copyright subsists in an existing work after commencement if-
(a) it would qualify for copyright protection under section 177 or 188 of this Ordinance-
(i) had it been made after commencement; 
(ii) had it been published after commencement; or 
(iii) in the case of a broadcast or cable programme, had it been made or sent after 
commencement; and 
(b) copyright under the 1956 Act in the work would not have expired had copyright subsisted in 
it under that Act. 
(3) Copyright in an existing work qualifying for copyright protection under subparagraph (2) expires 
at the time when copyright in the work would expire under the following provisions had copyright subsisted 
in it immediately before commencement. 
Contrary rights 
6. Where any person has before commencement incurred any significant expenditure or liability in 
connection with the reproduction or performance of a work or other subject-matter in a manner that at the 
time was lawful, or for the purpose of or with a view to the reproduction or performance of a work at a 
time when it would have been lawful but for the commencement, nothing in this Ordinance diminishes or 
prejudices any right or interest arising from or in connection with such action that is subsisting and valuable 
immediately before commencement unless the person who by virtue of paragraph 5(2) becomes entitled to 
restrain the reproduction or performances agrees to pay such compensation as the parties agree, or failing 
such agreement, as the Copyright Tribunal may determine. 
Subsistence of copyright: films, broadcasts and cable programmes IP/N/1/HKG/C/1 
Page 148 
7. (1) No copyright subsists in a film, as such, made before 12 December 1972. 
(2) Where a film made before that date was an original dramatic work within the meaning of the 
1911 Act, the new copyright provisions have effect in relation to the film as if it was an original dramatic 
work within the meaning of Part II. 
(3) The new copyright provisions have effect in relation to photographs forming part of a film made 
before 12 December 1972 as they have effect in relation to photographs not forming part of a film. 
( 4) In relation to a film in which copyright does not or did not subsist as such but which is or was 
protected-
(a) as an original dramatic works; or 
(b) by virtue of the protection of the photographs forming part of the film, 
references in the new copyright provisions, and in this Schedule, to copyright in a film are to any copyright 
in the film as an original dramatic work or, as the case may be, in photographs forming part of the film. 
[cf. 1988 c. 48 Sch. 1 para. 7 U.K.] 
8. No copyright subsists in-
(a) a broadcast made before 12 December 1972; or 
(b) a cable programme included in a cable programme service before 11 March 1994, 
and any such broadcast or cable programme is to be disregarded for the purposes of section 20(3) of this 
Ordinance (duration of copyright in repeats). 
[cf. 1988 c. 48 Sch. 1 para. 9 U.K.] 
Authorship of work 
9. The question who was the author of an existing work is to be determined in accordance with the new 
copyright provisions for the purposes of the rights conferred by Division IV of Part II (moral rights), and for 
all other purposes is to be determined in accordance with the law in force at the time the work was made. 
[cf. 1988 c. 48 Sch. 1 para. 10 U.K.] 
First ownership of copyright 
10. ( 1) The question who was the first owner of copyright in an existing work is to be 
determined in accordance with the law in force at the time the work was made. 
(2) Where before commencement a person commissioned the making of a work in circumstances 
falling within-
( a) section 4(3) of the 1956 Act or paragraph (a) of the proviso to section 5(1) of the 1911 Act 
( engravings, photographs and portraits); or 
(b) the proviso to section 12(4) of the 1956 Act (sound recordings), 
those provisions apply to determine first ownership of copyright in any work made in pursuance of the 
commission after commencement. 
[cf. 1988 c. 48 Sch. 1 para. 11 U.K.] 
Employee works 
11. Section 14(2) of this Ordinance does not apply to an existing work. 
Commissioned works 
12. Section 15 of this Ordinance does not apply to an existing work. Duration of copyright in existing works IP/N/1/HKG/C/1 
Page 149 
13. ( 1) The following provisions have effect with respect to the duration of copyright in 
existing works. 
The question which provision applies to a work is to be determined by reference to the facts 
immediately before commencement; and expressions used in this paragraph which were defined for the 
purposes of the 1956 Act have the same meaning as in that Act. 
(2) Copyright in the following descriptions of work continues to subsist until the date on which it 
would have expired under the 1956 Act-
(a) literary, dramatic or musical works in relation to which the period of 50 years mentioned in 
the proviso to section 2(3) of the 1956 Act (duration of copyright in works made available to 
the public after the death of the author) has begun to run; 
(b) engravings in relation to which the period of 50 years mentioned in paragraph (a) of the 
proviso to section 3( 4) of the 1956 Act ( duration of copyright in works published after the 
death of the author) has begun to run; 
( c) published photographs and photographs taken before 12 December 1972; 
(d) published sound recordings and sound recordings made before 12 December 1972; 
( e) published films. 
(3) Copyright in anonymous or pseudonymous literary, dramatic, musical or artistic works (other 
than photographs) or films continues to subsist-
(a) if the work is published, until the date on which it would have expired in accordance with 
the 1956 Act; and 
(b) if the work is unpublished, until the end of the period of 50 years from the end of the 
calendar year in which the new copyright provisions come into force or, if during that period 
the work is first made available to the public within the meaning of section 17(5) or 19(6) of 
this Ordinance (duration of copyright in works of unknown authorship), the date on which 
copyright expires in accordance with that provision, 
unless, in any case, the identity of the author becomes known before that date, in which case section 17(2) 
or 19(2) of this Ordinance applies (general rule: life of the author plus 50 years). 
(4) Copyright in the following descriptions of work continues to subsist until the end of the period of 
50 years from the end of the calendar year in which the new copyright provisions come into force-
( a) literary, dramatic and musical works of which the author has died and in relation to which 
none of the acts mentioned in paragraphs (a) to (e) of the proviso to section 2(3) of the 
1956 Act has been done; 
(b) unpublished engravings of which the author has died; 
( c) unpublished photographs taken on or after 12 December 1972; 
( d) unpublished films of which the person by whom the arrangements necessary for the making 
of the film were undertaken has died. 
(5) Copyright in an unpublished sound recordings made on or after 12 December 1972 c·ontinues to 
subsist until the end of the period of 50 years from the end of the calendar year in which the new copyright 
provisions come into force unless the recording is published before the end of that period in which case 
copyright in it continues until the end of the period of 50 years from the end of the calendar year in which 
the recording is published. 
(6) Copyright in any other description of existing work continues to subsist until the date on which 
copyright in that description of work expires in accordance with sections 17 to 21 of this Ordinance. <* 
Note -Exp. X-Ref.: Sections 17, 18, 19 ,20, 21 *> 
(7) The above provisions do not apply to works subject to Government or Legislative Council 
copyright (see paragraphs 32 to 34 below). 
[cf. 1988 c. 48 Sch. 1 para. 12 U.K.] 
Acts infringing copyright 
14. (1) The provisions of Divisions II and III of Part II as to the acts constituting an IP/N/1/HKG/C/1 
Page 150 
infringement of copyright apply only in relation to acts done after commencement; the provisions of the 
1956 Act and the Copyright Ordinance continue to apply in relation to acts done before commencement. 
(2) Section 25 of this Ordinance does not apply in relation to a copy of a sound recording or 
computer program acquired by any person before 10 May 1996 for the purpose of renting it to the public. 
(3) Where any person has before 1 January 1995 incurred any significant expenditure or liability in 
connection with the rental of any copy of a work or subject-matter in a manner that at the time was lawful, 
or for the purpose of or with a view to such a rental at a time when it would have been lawful but for the 
commencement of section 10 of the WTO Ordinance, nothing in that Ordinance shall diminish or prejudice 
any right or interest arising from or in connection with such action that is subsisting and valuable 
immediately before the commencement of that section if that person pays to the person who by virtue of the 
commencement of that section becomes entitled to restrain the rental such equitable remuneration as the 
parties agree, or failing such agreement, as the Copyright Tribunal may determine. 
( 4) For the purposes of section 35 of this Ordinance (meaning of "infringing copy") the question 
whether the making of an article constituted an infringement of copyright, or would have done if the article 
had been made in Hong Kong, is to be determined-
(a) in relation to an article made on or after 10 May 1996 and before commencement, by 
reference to the 1956 Act as amended by the WTO Ordinance; 
(b) in relation to an article made on or after 12 December 1972 and before 10 May 1996, by 
reference to the 1956 Act immediately before it was amended by the WTO Ordinance; and 
( c) in relation to an article made before 12 December 1972, by reference to the 1911 Act. 
(5) For the purposes of section 35 of the Ordinance (meaning of "infringing copy"), if an article has 
been imported before commencement without infringing copyright under the law existing at the time of 
importation, the terms of any exclusive licence agreement relating to that article are to be disregarded and, 
for the avoidance of doubt, any possession or dealing in the article which takes place after commencement 
shall not infringe copyright within the terms of sections 31 and 118 to 133 of the Ordinance. <* Note -Exp. 
X-Ref.: Sections 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133 *> 
(6) For the purposes of the application of sections 40(2) and 71(3) of this Ordinance (subsequent 
exploitation of things whose making was, by virtue of an earlier provision of the section, not an infringement 
of copyright) to things made before commencement, it is to be assumed that the new copyright provisions 
were in force at all material times. 
(7) Section 63 of this Ordinance (articles for producing material in a particular typeface) applies 
where articles have been marketed as mentioned in subsection (1) of that section before commencement 
with the substitution for the period mentioned in subsection (2) of that section of the period of 25 years 
from the end of the calendar year in which the new copyright provisions come into force. 
(8) Section 64 of this Ordinance (transfer of copies, adaptations, &c. of work in electronic form) 
does not apply in relation to a copy purchased before commencement. 
(9) In section 74 of this Ordinance (reconstruction of buildings) the reference to the owner of the 
copyright in the drawings or plans is, in relation to buildings constructed before commencement, to the 
person who at the time of the construction was the owner of the copyright in the drawings or plans under 
the 1956 Act or the 1911 Act. 
[cf. 1988 c. 48 Sch. 1 para. 14 U.K.] 
15. ( 1) Sections 66 and 7 5 of this Ordinance ( anonymous or pseudonymous works: acts 
permitted on assumptions as to expiry of copyright or death of author) has effect in relation to existing 
works subject to the following provisions. 
(2) Subsection (l)(b)(i) of section 66 (assumption as to expiry of copyright) does not apply m 
relation to photographs. 
(3) Subsection (l)(b)(ii) of the sections (assumption as to death of author) applies only-
(a) where paragraph l 1(3)(b) applies (unpublished anonymous or pseudonymous works), after 
the end of the period of 50 years from the end of the calendar year in which the new 
copyright provisions come into force; or 
(b) where paragraph 11 ( 6) applies ( cases in which the duration of copyright is the same under 
the new copyright provisions as under the previous law). 
[ cf. 1988 c. 48 Sch. 1 para. 15 U.K.] IP/N/1/HKG/C/1 
Page 151 
16. The following provisions of section 7 of the 1956 Act continue to apply in relation to 
existing works-
( a) subsection (6) (copying of unpublished works from manuscript or copy in library, museum 
or other institution); 
(b) subsection (7) (publication of work containing material to which subsection (6) applies), 
except paragraph (a) (duty to give notice of intended publication); 
(c) subsection (8) (subsequent broadcasting, performance, etc. of material published in 
accordance with subsection (7)), 
and subsection (9)( d) (illustrations) continues to apply for the purposes of those provisions. 
[cf. 1988 c. 48 Sch. 1 para. 16 U.K.] 
17. Where in the case of a dramatic or musical work made before 1 July 1912, the right 
conferred by the 1911 Act did not include the sole right to perform the work in public, the acts restricted by 
the copyright are to be treated as not including-
( a) performing the work in public; 
(b) broadcasting the work or including it in a cable programme service; or 
( c) doing any of the above in relation to an adaptation of the work, 
and where the right conferred by the 1911 Act consisted only of the sole right to perform the work in public, 
the acts restricted by the copyright are to be treated as consisting only of those acts. 
[cf. 1988 c. 48 Sch. 1 para. 17 U.K.] 
18. Where a work made before 1 July 1912 consists of an essay, article or portion forming part 
of and first published in a review, magazine or their periodical or work of a like nature, the copyright is 
subject to any right of publishing the essay, article, or portion in a separate form to which the author was 
entitled at the commencement of the 1911 Act. 
Enforcement of copyright 
in registrable design [ cf. 1988 c. 48 Sch. 1 para. 18 U.K.] 
19. ( 1) Where section 10 of the 1956 Act ( effect of industrial application of design 
corresponding to artistic work) applied in relation to an artistic work at any time before 1 August 1989, 
section 87(3) of this Ordinance applies and the period of 15 years mentioned there is to be calculated from 
the end of the calendar year in which the articles were first marketed. 
(2) Where section 10 of the 1956 Act (effect of industrial application of design corresponding to 
artistic work) applied in relation to an artistic work at any time on or after 1 August 1989 and before 
commencement, section 87(3) of this Ordinance applies with the substitution for the period .of 15 years 
mentioned there of the period of 25 years and the period of 25 years is to be calculated from the end of the 
calendar year in which the articles were first marketed. 
(3) Except as provided in subparagraphs (1) and (2), section 87 of this Ordinance applies only where 
articles are marketed as mentioned in section 87(l)(b) of this Ordinance after commencement. 
[cf. 1988 c. 48 Sch. 1 para. 20 U.K.] 
Abolition of statutory recording licence 
20. Section 8 of the 1956 Act (statutory licence to copy records sold by retail) and the 
Copyright Royalty System (Records) Regulations (App. I, p. ALl) continue to apply where notice under 
subsection (l)(b) of section 8 was given before the repeal of that section by this Ordinance, but only in 
respect of the making of records-
( a) within one year of the repeal coming into force; and 
(b) up to the number stated in the notice as intended to be sold. 
[cf. 1988 c. 48 Sch. 1 para. 21 U.K.] IP/N/1/HKG/C/1 
Page 152 
Moral rights 
21. (1) No act done before commencement is actionable by virtue of any provision of 
Division IV of Part II (moral rights). 
(2) Section 43 of the 1956 Act (false attribution of authorship) continues to apply in relation to acts 
done before commencement. 
[cf. 1988 c. 48 Sch. 1 para. 22 U.K.] 
22. (1) The following provisions have effect with respect to the rights conferred by-
( a) section 89 of this Ordinance (right to be identified as author or director); and 
(b) section 92 of this Ordinance (right to object to derogatory treatment of work). 
(2) The rights do not apply-
(a) in relation to a literary, dramatic, musical and artistic work of which the author died before 
commencement; or 
(b) in relation to a film made before commencement. 
(3) The rights in relation to an existing literary, dramatic, musical or artistic work do not apply-
(a) where copyright first vested in the author, to anything which by virtue of an assignment of 
copyright made or licence granted before commencement may be done without infringing 
copyright; 
(b) where copyright first vested in a person other than the author, to anything done by or with 
the licence of the copyright owner. 
( 4) The rights do not apply to anything done in relation to a record made in pursuance of section 8 of 
the 1956 Act (statutory recording licence). 
[cf. 1988 c. 48 Sch. 1 para. 23 U.K.] 
Certification of rental to the public of copies of 
computer programs or sound recordings 
23. The repeal by this Ordinance of sections 41A (special provisions as to rental of computer 
programs and sound recordings) and 41B (application to settle royalty or other sum payable for rental of 
computer programs or sound recordings) of the Copyright Ordinance does not affect the operation of those 
sections in relation to any certification made by the Secretary for Trade and Industry under section 41 A( 4) 
of the Copyright Ordinance before commencement. 
Assignments and licences 
24. (1) Any document made or event occurring before commencement which had any 
operation-
(a) affecting the ownership of the copyright in an existing work; or 
(b) creating, transferring or terminating an interest, right or licence in respect of the copyright in 
an existing work, 
has the corresponding operation in relation to copyright in the work under this Ordinance. 
(2) Expressions used in such a document are to be construed in accordance with their effect 
immediately before commencement. 
[ cf. 1988 c. 48 Sch. 1 para. 25 U .K.] 
25. (1) Section 102(1) of this Ordinance ( assignment of future copyright: statutory vesting of 
legal interest on copyright coming into existence) does not apply in relation to an agreement made before 12 
December 1972. 
(2) The repeal by this Ordinance of section 37(2) of the 1956 Act (assignment of futur~ copyright: 
devolution of right where assignee dies before copyright comes into existence) does not affect the operation 
of that provision in relation to an agreement made before commencement. IP/N/1/HKG/C/1 
Page 153 
[cf. 1988 c. 48 Sch. 1 para. 26 U.K.) 
26. (1) Where the author of a literary, dramatic, musical or artistic work was the first owner 
of the copyright in it, no assignment of the copyright and no grant of any interest in it, made by him 
( otherwise than by will) on or after 1 July 1912 and before 12 December 1972, shall operate to vest in the 
assignee or grantee any rights with respect to the copyright in the work beyond the expiration of 25 years 
from the death of the author. 
(2) The reversionary interest in the copyright expectant on the termination of that period may after 
commencement be assigned by the author during his life but in the absence of any assignment, on his death, 
devolves on his legal personal representatives as part of his estate. 
(3) Nothing in this paragraph affects-
(a) an assignment of the reversionary interest by a person to whom it has been assigned; 
(b) an assignment of the reversionary interest after the death of the author by his personal 
representatives or any person becoming entitled to it; or 
( c) any assignment of the copyright after the reversionary interest has fallen in. 
( 4) Nothing in this paragraph applies to the assignment of the copyright in a collective work or a 
licence to publish a work or part of a work as part of a collective work. 
(5) In subparagraph ( 4) "collective work" means-
(a) any encyclopaedia, dictionary, yearbook, or similar work; 
(b) a newspaper, review, magazine, or similar periodical; and 
( c) any work written in distinct parts by different authors, or in which works or parts of works 
of different authors are incorporated. 
[cf. 1988 c. 48 Sch. 1 para. 27 U.K.] 
2 7. (1) This paragraph applies where copyright subsists in a literary, dramatic, musical or 
artistic work made before 1 July 1912 in relation to which the author, before the commencement of the 
1911 Act, made such an assignment or grant as was mentioned in paragraph (a) of the proviso to section 
24(1) of that Act ( assignment or grant of copyright or performing right for full term of the right under the 
previous law). 
(2) If before commencement any event has occurred or notice has been given which by virtue of 
paragraph 38 of the Seventh Schedule to the 1956 Act had any operation in relation to copyright in the work 
under that Act, the event or notice has the corresponding operation in relation to copyright under this 
Ordinance. 
(3) Any right which immediately before commencement would by virtue of paragraph 38(3) of that 
Schedule have been exercisable in relation to the work, or copyright in it, is exercisable in relation to the 
work or copyright in it under this Ordinance. 
( 4) If in accordance with paragraph 3 8( 4) of that Schedule copyright would, on a date on or after 12 
December 1972, have reverted to the author or his personal representatives and that date falls after the 
commencement of the new copyright provisions-
( a) the copyright in the work reverts to the author or his personal representatives,-as the case 
may be; and 
(b) any interest of any other person in the copyright which subsists on that date by virtue of any 
document made before 1 July 1912 thereupon determines. 
[cf. 1988 c. 48 Sch. 1 para. 28 U.K.] 
28. Section 103(2) of this Ordinance (rights of exclusive licensee against successors in title of 
person granting licence) does not apply in relation to an exclusive licence granted before commencement. 
[ cf. 1988 c. 48 Sch. 1 para. 29 U .K.] 
Bequests 
29. (1) Section 104 of this Ordinance (copyright to pass under will with original document or 
other material thing embodying unpublished work)-
(a) does not apply where the testator died before 12 December 1972; and IP/N/1/HKG/C/1 
Page 154 
(b) where the testator died on or after that date and before commencement, applies only in 
relation to an original document embodying a work. 
(2) In the case of an author who died before 12 December 1972, the ownership after his death of a 
manuscript of his, where such ownership has been acquired under a testamentary disposition made by him 
and the manuscript is of a work which has not been published or performed in public, is prima facie proof 
of the copyright being with the owner of the manuscript. 
[cf. 1988 c. 48 Sch. 1 para. 30 U.K.] 
Remedies for infringement 
30. (I) Sections 107 and 108 of this Ordinance (remedies for infringement) apply only in 
relation to an infringement of copyright committed after commencement; section 17 of the 1956 Act 
continues to apply in relation to infringements committed before commencement. 
(2) Section 109 of this Ordinance (delivery up of infringing copies) applies to infringing copies and 
other articles made before or after commencement; section 18 of the 1956 Act, and section 7 of the 1911 
Act, (conversion damages, etc.), do not apply after commencement except for the purposes of proceedings 
begun before commencement. 
(3) Sections 112 and 113 of this Ordinance (rights and remedies of exclusive licensee) apply where 
sections 107 to 109 of this Ordinance apply; section 19 of the 1956 Act continues to apply where section 17 
or 18 of that Act applies. <* Note -Exp. X-Ref.: Sections 107, 108, 109 *> 
( 4) Sections 115 to 117 of this Ordinance (presumptions) apply only in proceedings brought by virtue 
of this Ordinance; section 20 of the 1956 Act continues to apply in proceedings brought by virtue of that 
Act. <* Note -Exp. X-Ref.: Sections 115, 116, 117 *> 
[cf. 1988 c. 48 Sch. 1 para. 31 U.K.] 
31. Sections 112 and 113 of this Ordinance (rights and remedies of exclusive licensee) do not 
apply to a licence granted before 12 December 1972. 
[cf. 1988 c. 48 Sch. 1 para. 32 U.K.] 
32. The provisions of section 118 of this Ordinance ( criminal liability for making or dealing with 
infringing articles, etc.) apply only in relation to acts done after commencement; section 21 of the 1956 Act 
(penalties and summary proceedings in respect of dealings which infringe copyright) and sections 5 and SA 
of the Copyright Ordinance ( offences in connection with infringing copies and making infringing copies 
outside Hong Kong, etc.) continue to apply in relation to acts done before commencement. 
[cf. 1988 c. 48 Sch. 1 para. 33 U.K.] 
Ships, aircraft and hovercraft 
33. Section 179 of this Ordinance (ships, aircraft and hovercraft registered in Hong Kong) 
does not apply in relation to anything done before commencement. 
[cf. 1988 c. 48 Sch. 1 para. 39 U.K.] 
Government copyright 
34. (1) Section 182 of this Ordinance (general provisions as to Government copyright) applies 
to an existing work if-
( a) it was made, before commencement, by or under the direction or control of-
(i) Her Majesty in right of the Government of Hong Kong; or 
(ii) a department of that Government; or 
(b) it was first published, before commencement, by or under such direction or control, in Hong 
Kong, 
and the work is not one to which section 183, 184 or 185 of this Ordinance applies ( copyright in IP/N/1/HKG/C/1 
Page 155 
Ordinances, Bills and Legislative Council copyright: see paragraphs 36 and 37 below). 
(2) Section 182(l)(b) of this Ordinance (first ownership of copyright) has effect subject to any 
agreement entered into before commencement under section 39(6) of the 1956 Act. 
[ cf. 1988 c. 48 Sch. 1 para. 40 U .K.) 
35. (1) The following provisions have effect with respect to the duration of copyright in 
existing works to which section 182 of this Ordinance (Government copyright) applies. 
The question which provision applies to a work is to be determined by reference to the facts 
immediately before commencement; and expressions used in this paragraph which were defined for the 
purposes of the 1956 Act have the same meaning as in that Act. 
(2) Copyright in the following descriptions of work continues to subsist until the date on which 
it would have expired in accordance with the 1956 Act-
(a) published literary, dramatic or musical works; 
(b) artistic works other than engravings or photographs; 
( c) published engravings; 
( d) published photographs and photographs taken before 12 December 1972; 
( e) published sound recordings and sound recordings made before 12 December 1972; 
(f) published films. 
(3) Copyright in unpublished literary, dramatic or musical works or films continues to subsist until­
(a) the date on which copyright expires in accordance with section 182(3) of this Ordinance; or 
(b) the end of the period of 50 years from the end of the calendar year in which the new 
copyright provisions come into force, 
whichever is the later. 
(4) Copyright in the following descriptions of work continues to subsist until the end of the period of 
50 years from the end of the calendar year in which the new copyright provisions come into force-
(a) unpublished engravings; 
(b) unpublished photographs taken on or after 12 December 1972. 
(5) Copyright in a sound recording not falling within subparagraph (2) above continues to subsist 
until the end of the period of 50 years from the end of the calendar year in which the new copyright 
provisions come into force, unless the recording is published before the end of that period, in which case 
copyright expires 50 years from the end of the calendar year in which it is published. 
[cf. 1988 c. 48 Sch. 1 para. 41 U.K.) 
36. Section 183 of this Ordinance (copyright in Ordinance) applies to existing Ordinances. 
[cf. 1988 c. 48 Sch. 1 para. 42 U.K.) 
Legislative Council copyright 
37. (1) Section 184 of this Ordinance (general provisions as to Legislative Council copyright) applies to 
existing unpublished literary, dramatic, musical or artistic works, but does not otherwise apply to existing 
works. 
(2) Section 185 of this Ordinance (copyright in Bills) does not apply to a Bill which was presented to 
the Legislative Council and published before commencement. 
[cf. 1988 c. 48 Sch. 1 para. 43 U.K.) 
Copyright vesting in certain international organizations 
38. (I) Any work in which immediately before commencement copyright subsisted by virtue 
of section 33 of the 1956 Act is deemed to satisfy the requirements of section 188(1) of this Ordinance. 
(2) Copyright in any such work which is unpublished continues to subsist until the date on which it 
would have expired in accordance with the 1956 Act, or the end of the period of 50 years from the end of 
the calendar year in which the new copyright provisions come into force, whichever is the earlier. 
[cf. 1988 c. 48 Sch. 1 para. 44 U.K.) IP/N/1/HKG/C/1 
Page 156 
Meaning of "publication" 
39. Section 196(3) of this Ordinance (construction of building treated as equivalent to 
publication) applies only where the construction of the building began after commencement. 
[ cf. 1988 c. 48 Sch. 1 para. 45 U .K.] 
Meaning of "unauthorized" 
40. For the purposes of the application of the definition in section 198 of this Ordinance (minor 
definitions) of the expression "unauthorized" in relation to things done before commencement-
(a) paragraph (a) applies in relation to things done before 12 December 1972 as if the reference 
to the licence of the copyright owner were a reference to his consent or acquiescence; 
(b) paragraph (b) applies with the substitution for the words from "or, in a case" to the end of 
the words "or any person lawfully claiming under him"; and 
( c) paragraph ( c) is disregarded. 
[cf. 1988 c. 48 Sch. 1 para. 46 U.K.] 
Saving of subsidiary legislation 
41. Until rules are made by the Chief Justice under section 174 of this Ordinance, the Copyright Tribunal 
Rules (App. I, p. BFl)* in force immediately before commencement, so far as they are not inconsistent 
with this Ordinance, continue in force and have effect for all purposes as if made under this Ordinance, 
subject to such necessary adaptations and modifications as may be necessary for their having effect under 
this Ordinance. 
42. Until rules of court under the High Court Ordinance (Cap 4) are made for the purposes of sections 
144 and 271 of this Ordinance, the Copyright (Border Measures) Rules (L.N. 482 of 1996), so far as they 
are not inconsistent with this Ordinance, continue in force and have effect as if made for the purposes of 
those sections subject to such necessary adaptations and modifications as may be necessary for those rules 
to have effect under the appropriate Part of this Ordinance. (Amended 25 of 1998 s. 2) 
43. Until regulations are made by the Secretary for Trade and Industry under section 46 of this 
Ordinance, the Copyright (Libraries) Regulations (App. I, p. AJl) as amended and in force immediately 
before commencement, so far as they are not inconsistent with this Ordinance, continue in force and have 
effect for all purposes as if made under this Ordinance, subject to such necessary adaptations and 
modifications as may be necessary for their having effect under this Ordinance. 
* Please also see L.N. 5 of 1997. Chapter: Title: COPYRIGHT ORDINANCE Gazette Number: IP/N/1/HKG/C/1 
Page 157 
Schedule: 528 
3 Heading: RIGHTS IN Version Date: 30/06/1997 
PERFORMANCE: 
TRANSITIONAL 
PROVISIONS AND 
SAVINGS 
[sections 233 & 237] 
RIGHTS IN PERFORMANCE: TRANSITIONAL PROVISIONS AND SAVINGS 
Introductory 
1. (1) In this Schedule-
"the Copyright Ordinance" means the Copyright Ordinance (Cap 39) in force 
immediately before the commencement of Part III of this Ordinance; 
"the new performance rights provisions" means the provisions of this Ordinance 
relating to rights in performances, that is, Part III (including this Schedule and Schedule 1 ), Schedules 
4 and 5 and so far as they make amendments or repeals consequential on the provisions of Part III. 
(2) References in this Schedule to "commencement", without more, are to the date on which the new 
performance rights provisions come into force. 
(3) References in this Schedule to "existing performances" are to performances 
given before commencement; and for this purpose a performance which extended over a period is to be 
taken to have been given when the performance was completed. 
2. In relation to the Copyright Ordinance, "performance" means-
(a) a dramatic performance; 
(b) a musical performance; or 
( c) a reading or recitation of a literary work, 
that is, or so far as it is, an acoustic presentation of an unfixed or live performance given by one or more 
individual persons. 
General principles: continuity of the law 
3. The new performance rights provisions apply in relation to performances given before 
commencement as they apply in relation to performances given after commencement, su~ject to any 
express provision to the contrary. 
4. (1) The provisions of this paragraph have effect for securing the continuity of the law so 
far as the new performance rights provisions re-enact (with or without modification) earlier provisions. 
(2) A reference in an enactment, instrument or other document to performer's rights, or to a 
performance in which rights subsists, which apart from this Ordinance would be construed as referring to 
performers' rights under the Copyright Ordinance is to be construed, so far as may be required for 
continuing its effect, as being, or as the case may require, including, a reference to performers' rights under 
this Ordinance or to performances in which rights subsist under this Ordinance. 
(3) Anything done (including subsidiary legislation made), or having effect as done, under or for the 
purposes of a provision repealed by this Ordinance has effect as if done under or for the purposes of the 
corresponding provision of the new performance rights provisions. 
( 4) References ( expressed or implied) in this Ordinance or any other enactment, instrument or 
document to any of the new performance rights provisions are, so far as the context permits, to be 
construed as including, in relation to times, circumstances and purposes before commencement, a reference 
to corresponding earlier provisions. 
(5) A reference (expressed or implied) in an enactment, instrument or other document to a provision 
repealed by this Ordinance is to be construed, so far as may be required for continuing its effect, as a IP/N/1/HKG/C/1 
Page 158 
reference to the corresponding provision of this Ordinance. 
(6) The provisions of this paragraph have effect subject to any specific transitional provision or 
saving and to any express amendment made by this Ordinance. 
Subsistence of rights in performances 
5. (1) The rights conferred by Part III subsist in an existing performance after 
commencement if-
( a) the performance was a qualifying performance within the meaning of the Copyright 
Ordinance or would be a qualifying performance had it been given after commencement; 
and 
(b) either-
(i) the performance was given not earlier than 50 years before the first day of the 
calendar year in which the new performance rights provisions commence; or 
(ii) if the fixation of the performance was released within 50 years from the end of the 
calendar year in which the performance was given, the release took place not earlier 
than 50 years before the first day of the calendar year in which the new performance 
rights provisions commence. 
(2) The rights conferred by Part III in an existing performance continue to subsist until the date on 
which those rights in that performance expire in accordance with section 214 of this Ordinance. 
Contrary rights 
6. Where any person has before commencement incurred any significant expenditure or 
liability in connection with the fixation of a performance or reproduction of a fixation in a manner that at the 
time was lawful, or for the purpose of or with a view to the fixation of a performance or reproduction of a 
fixation at a time when it would have been lawful but for the commencement, nothing in this Ordinance 
diminishes or prejudices any right or interest arising from or in connection with such action that is subsisting 
and valuable immediately before the commencement unless the person who by virtue of the commencement 
becomes entitled to restrain the fixation or reproduction of the performances agrees to pay such 
compensation as the parties agree, or failing such agreement, as the Copyright Tribunal may determine. 
Acts infringing rights in performances 
7. ( 1) The provisions of Part III as to the acts constituting an infringement of the rights 
conferred by that Part apply only in relation to acts done after commencement; the provisions of the 
Copyright Ordinance continue to apply in relation to acts done on or after 20 December 1996 and before 
commencement. 
(2) For the purposes of section 229 of this Ordinance (meaning of "infringing fixation") the question 
whether the fixation constituted an infringement of performers' rights, or would have done if the 
performance had been given in Hong Kong, is to be determined, in relation to a performance given on or 
after 20 December 1996 and before commencement, by reference to the Copyright Ordinance. 
Remedies for infringement 
8. Section 228 of this Ordinance (delivery up of infringing fixations) applies to infringing 
fixations made before and after commencement; section 32 of the Copyright Ordinance does not apply after 
commencement except for the purposes of proceedings begun before commencement. 
Ships, aircraft and hovercraft IP/N/1/HKG/C/1 
Page 159 
9. Section 235 of this Ordinance (ships, aircraft and hovercraft registered in Hong Kong) 
does not apply in relation to anything done before commencement. 
Chapter: 528 
4 Title: COPYRIGHT ORDINANCE Gazette Number: L.N. 95 of 
1999 
Schedule: Heading: 
1.-4. (Omitted as spent) CONSEQUENTIAL 
AMENDMENTS Version Date: 09/04/1999 
Director of Intellectual Property (Establishment) Ordinance 
5. Schedule amended 
Schedule 2 to the Director of Intellectual Property (Establishment) Ordinance (Cap 412) is amended 
by adding-
"4. Registrar of Copyright Licensing Bodies". (Amended L.N. 95 of 1999) 
6. (Omitted as spent) 
Chapter: 528 
5 Title: COPYRIGHT ORDINANCE Gazette Number: 
Schedule: Heading: REPEALS Version Date: 30/06/1997 
[section 281 & Schedules 2 & 3] 
Enactment Extent of repeal 
1. Copyright Ordinance (Cap 39) The whole Ordinance 
2. Copyright (Notice of Publication) Regulations (App. I, The whole Regulations 
p. AKI) 
3. Copyright (Hong Kong) Orders 1972 to 1990 (App. All the Orders 
III, p. DDl) 
4. Copyright (International Organizations) Order, 1957 In so far as the Order forms part of the 
(S.I. 1957 No. 1524 U.K.) law of Hong Kong 
5. Copyright (Broadcasting Organizations) Order, 1961 In so far as the Order forms part of the 
(S.I. 1961 No. 2460 U.K.) law of Hong Kong 
6. Copyright (Computer Software) (Extension to In so far as the Order forms part of the 
Territories) Order 1987 (S.I. 1987 No. 2200 U.K.) law of Hong Kong 
7. Copyright (Taiwan) Order 1990 (L.N. 205 of 1990) The whole Order 
8. Copyright (Application to Other Countries, Territories The whole Regulation 
or Areas) Regulation (Cap 39 sub. leg) 
9. Copyright (Designation of Qualifying Countries, The whole Regulation 
Territories or Areas) Regulation (Cap 39 sub. leg)