WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/HKG/C/1/Add.13 
6 September 2010 
 (10-4580) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
 
MAIN DEDICATED INTELLECTUAL PR OPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
 
HONG KONG, CHINA 
 
Addendum
 
  The present document reproduces the text
1 of the Copyright (Amendment) Ordinance 2009 
(Ordinance No. 15 of 2009), as notified by Hong Kong, China on 12 August 2010 under Article 63.2 
of the Agreement (see document IP/N/1/HKG/22).   
 
 
Conseil des aspects des droits de propriété intellectuelle qui touchent au commerce 
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À 
LA PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
HONG KONG, CHINE 
 
Addendum
 
  Le présent document contient le texte
1 de l'Ordonnance de 2009 sur le droit d'auteur 
(modification) (Ordonnance n° 15 de 2009), notifiée par Hong Kong, Chine le 12 août 2010 au titre 
de l'article 63:2 de l'Accord (voir le document IP/N/1/HKG/22). 
 
 
Consejo de los Aspectos de los Derechos de Propiedad Intelectual relacionados con el Comercio 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
 
HONG KONG, CHINA 
 
Addendum
 
  En el presente documento se reproduce el texto
1 de la Orden sobre el Derecho de Autor 
(modificación) de 2009 (Orden Nº 15 de 2009), notif icado por Hong Kong, China el 12 de agosto 
de 2010 en virtud de lo dispuesto en el párrafo  2 del artículo 63 del Acuerdo (véase el documento 
IP/N/1/HKG/22). 
                                                      
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/HKG/C/1/Add.13 
Page 2  
 
   
HONG KONG SPECIAL ADMINISTRATIVE REGION  
 
 
ORDINANCE NO. 15 OF 2009 
 
L.S.  
 
  Donald TSANG    Chief Executive  
  26 November 2009  
 An Ordinance to amend the Copyright Ordinance to provide for the circumstances in which section 119B(1) of the Ordinance does not apply.   
[  ] 
  Enacted by the Legislative Council.    
1.  Short title  
  This Ordinance may be cited as the Copyright (Amendment) Ordinance 2009.  
 
2.  Commencement  
  This Ordinance comes into operation on the day appointed for the commencement of 
section 33 of the Copyright (Amendment) Ordinance 2007 (15 of 2007).   
3.  Offence in relation to making for distributio n or distributing on a regular or frequent basis 
infringing copies of copyright works in printed form contained in books, etc.  
  (1)  Section 119B(3) of the Copyright Ordinance (Cap. 528), as added by section 33 of 
the Copyright (Amendment) Ordinance 2007 (15 of 2007), is repealed and the following substituted—     "(3) Subsection (1) does not apply in the circumstances described in 
 Schedules 1AA and 1AB.".  
  (2)  Section 119B(19), (20) and (21) is repealed.    (3)  Section 119B is amended by adding—   
  "(22)  The Secretary for Commerce a nd Economic Development may, by notice 
published in the Gazette, amend Schedules 1AA and 1AB.".  
  IP/N/1/HKG/C/1/Add.13 
 Page 3 
 
 
  4.  Schedules 1AA and 1AB added  
 
 The following are added immediately after Schedule 1—    
  "SCHEDULE 1AA   [s.119B] 
 
CIRCUMSTANCES IN WHICH SECTION 119B(1) OF THIS 
ORDINANCE DOES NOT APPLY (EXTENT OF MAKING 
OR DISTRIBUTION OF INFRINGING COPIES) 
 
 
PART 1 
 
INTRODUCTORY 
 
 
1.  Interpretation  
 
 (1)  In this Schedule— X  
"A4 size" (A4 尺寸) means a size measuring 29.7 cm  X 21 cm;  
 
"infringing page" ( 侵犯版權頁 ) means a page that embodies, whether in whole or in part, an 
infringing copy of any copyright work in a printed form that is contained in a magazine, 
periodical (other than a specified journal) or newspaper;  
 
"marked retail price" ( 標示零售價 )—   
 
 ( a)  in relation to a copy of a book, means its retail price as printed in or on it by the 
 publisher;  
  ( b)  in relation to a copy of a publication series or multi-volume set of books, means its 
 retail price as printed in or on it by the publisher; or  
 
 ( c)  in relation to a copy of an issue of a specified journal, means its retail price as 
printed in or on it by the publisher;  
 
"marked subscription price" ( 標示訂閱價 ), in relation to a specified journal, means the 
subscription price of the journal as printed in or on a copy of an issue of the journal by the 
publisher;  
 
"qualifying copy" ( 限定複製品 )—  
 
 ( a)  in relation to a book, means a set of pag es, whether in a printed or electronic form, 
that embodies, whether in whole or in part, an infringing copy of any copyright work in a printed form that is contained in a copy of the book, and corresponds to more 
than 25% of the printed pages of that copy of the book; or  
 IP/N/1/HKG/C/1/Add.13 
Page 4  
 
   ( b)   in relation to a sp ecified journal, means—  
   (i) a set of pages, whether in a printed or electronic form, that embodies, 
 whether in whole or in part, an infringing copy of any copyright work in a  printed form that is contained in a copy of an issue of the journal, and 
 corresponds to more than 25% of the printed pages of that copy of the 
 issue; or  
   (ii)   a set of pages, whether in a printed or electronic form, that embodies an 
 infringing copy made from the whole of an article in a printed copy of an 
 issue of the journal, and corresponds to not more than 25% of the printed 
 pages of that copy of the issue;  
 
"recommended retail price" ( 建議零售價 )—  
 
 ( a)   in relation to a copy of a book, means its retail price as recommended by the 
publisher before any discount is given to traders or consumers;  
 
 ( b)   in relation to a copy of a publication series or multi-volume set of books, means its 
retail price as recommended by the publisher before any discount is given to traders or consumers; or  
  ( c)   in relation to a copy of an article in an issue of a specified journal, means its retail 
price as recommended by the publisher before any discount is given to traders or 
consumers;  
 
"recommended subscription price" ( 建議訂閱價 ), in relation to a specified journal, means its 
subscription price as recommended by the publisher before any discount is given to traders 
or consumers;  
 
"specified journal" ( 指明期刊 ) means a periodical that contains scholarly articles relating to a 
discipline, normally at least one of which in an issue has been peer-reviewed by one or more 
than one expert or scholar in the discipline.  
  (2) Expressions used in this Schedule th at are defined for the purposes of Part II 
(copyright) of this Ordinance have the same meaning as in that Part.  
 
2.  Currency conversion  
 
 For the purposes of converting into Hong Kong  dollars a marked retail price, marked 
subscription price, recommended re tail price, recommended subscripti on price or market value that 
is denominated in a currency other than the Ho ng Kong dollar, reference is to be made to—  
  ( a) the opening indicative counter exchange selling rate published by The Hong 
Kong Association of Banks in respect of that other currency; or  
  ( b) if no such rate is published, the repres entative exchange rate published by the 
International Monetary Fund in respect of that other currency.  
   IP/N/1/HKG/C/1/Add.13 
 Page 5 
 
 
  PART 2 
 
EXTENT OF MAKING OR DISTRIBUTION OF INFRINGING COPIES 
 
3.  Magazines, periodicals (other than specified journals) and newspapers  
 
 (1) Section 119B(1) of this Ordinance does not apply to the making for distribution by a 
person, within any period of 14 days, of infringing copies of one or more than one copyright work in a printed form that is contained in magazines, periodicals (other than specified journals) or newspapers if the total number of infringing pages made by the person within that period does not 
exceed 500.  
  (2)  Section 119B(1) of this Ordinance does not apply to the distribution by a person, within any period of 14 days, of infringing copies of one or more than one copyright work in a printed form that is contained in magazines, periodi cals (other than specified journals) or newspapers 
if the total number of infringing pages distribut ed by the person within that period does not 
exceed 500.    (3)  Part 3 of this Schedule sets out provi sions relating to the calculation of the total 
number of infringing pages for the purposes of sub sections (1) and (2).  
 4.  Books and specified journals  
 
 (1)  Section 119B(1) of this Ordinance does not apply to the making for distribution by a person, within any period of 180 days, of infringing copies of one or more than one copyright work in a printed form that is contained in books or specified journals if the total value of qualifying 
copies made by the person within that period does not exceed $6,000.  
  (2)  Section 119B(1) of this Ordinance does not apply to the distribution by a person, within any period of 180 days, of infringing copies of one or more than one copyright work in a printed form that is contained in books or specified journals if the total value of qualifying copies distributed by the person within that  period does not exceed $6,000.  
 
 (3)  Section 119B(1) of this Ordinance does not apply to the making for distribution by a person of infringing copies of one or more than one copyright work in a printed form that is 
contained in a book if the set of pages embodying  such infringing copies made by the person does 
not fall within the meaning of paragraph ( a) of the definition of "qualifying copy" in section 1(1) of 
this Schedule.  
  (4)  Section 119B(1) of this Ordinance does not apply to the making for distribution by a person of infringing copies of one or more than one copyright work in a printed form that is 
contained in a specified journal if the set of pa ges embodying such infringing copies made by the 
person does not fall within the meaning of paragraph ( b) of the definition of "qualifying copy" in 
section 1(1) of this Schedule.  
  (5)  Section 119B(1) of this Ordinance does not apply to the distribution by a person of infringing copies of one or more than one copyrigh t work in a printed form that is contained in a 
book if the set of pages embodying such infringing copies distributed by the person does not fall 
within the meaning of paragraph ( a) of the definition of "qualifying copy" in section 1(1) of this 
Schedule.  IP/N/1/HKG/C/1/Add.13 
Page 6  
 
   (6)  Section 119B(1) of this Ordinance does not apply to the distribution by a person 
of infringing copies of one or more than one copyrigh t work in a printed form that is contained in a 
specified journal if the set of pages embodying such  infringing copies distributed by the person does 
not fall within the meaning of paragraph ( b) of the definition of "qualifying copy" in section 1(1) of 
this Schedule.  
 
 (7)  Part 4 of this Schedule sets out pr ovisions relating to the determination of the 
value of qualifying copies for the purposes of subsections (1) and (2).    
PART 3 
  
CALCULATION OF TOTAL NUMBER OF INFRINGING PAGES 
 5.  Calculation of total number of infringing pages  
 
 (1)  This section applies to the calculation of the total number of infringing pages for the purposes of section 3(1) and (2) of this Schedule.    (2)  In calculating the total number of infringing pages, the following formula is to be 
used—  
 
A= B + C + D 
where—   
  A means the total number of infringing pages;  
   B means the number of infringing pages of A4 size, as adjusted in 
 accordance with subsections (3) and (4), if applicable;  
   C means the number of infringing pag es smaller than A4 si ze, as adjusted in 
 accordance with subsections (3 ) and (4), if applicable;  
   D means the number of infringing pages larger than A4 size, as adjusted in 
 accordance with subsections (3 ) and (4), if applicable.  
 
 (3) In calculating the total number of infri nging pages made or distributed in a printed 
form—     ( a) if any of the infringing  pages are smaller than A4 size, the number of those 
 infringing pages shall be adjusted downward in proportion to the  difference between the size of those infringing pages and an infringing page 
 of A4 size, with the result expressed to 2 decimal places without rounding 
 off;  
   ( b) if any of the infringing pages are larg er than A4 size, the number of those 
 infringing pages shall be adjusted up ward in proportion to the difference 
 between the size of those infringing pages and an infringing page of A4 size, 
 with the result expressed to 2 d ecimal places without rounding off;   IP/N/1/HKG/C/1/Add.13 
 Page 7 
 
 
    ( c) if any of the infringing pages embody, whether in whole or in part, an image 
 (referred to in this paragraph as "the reduced image") of an infringing copy  that has been reduced in size from the image (referred to in this paragraph as  "the original image") of the work from which the infringing copy was  made, the number of those infringing pages shall be adjusted upward in 
 proportion to the difference between the size of the reduced image and that 
 of the original image, with the result expressed to 2 decimal places without 
 rounding off; and  
   ( d ) if any of the infringing pages embody, whether in whole or in part, an image 
 (referred to in this paragraph as "the enlarged image") of an infringing copy 
 that has been enlarged in size fro m the image (referred to in this 
 paragraph as "the original image") of the work from which the infringing  copy was made, the number of those infringing pages shall be adjusted  downward in proportion to the differen ce between the size of the enlarged 
 image and that of the original image, with the result expressed to 2 decimal 
 places without rounding off.  
  (4) In calculating the total number of infringing pages made or distributed in 
electronic form—   
  ( a) all images of infringing copies embodied in the documents so made or 
 distributed shall be printed on paper of A4 size and each side of such  printout is taken to be one infringing page;  
   ( b) if any of the infringing pages so printed embody, whether in whole or in 
 part, an image (referred to in this pa ragraph as "the reduced image") of an 
 infringing copy that has been reduced in size from the image (referred to in  this paragraph as "the original image") of the work from which the  infringing copy was made, the number  of those infringing pages shall be 
 adjusted upward in proportion to the difference between the size of the  reduced image and that of the original image, with the resu lt expressed to 2 
 decimal places without rounding off; and  
   ( c) if any of the infringing pages so printed embody, whether in whole or in 
 part, an image (referred to in this para graph as "the enlarged image") of an 
 infringing copy that has been enlarged in size from the image (referred to 
 in this paragraph as "the original image") of the work from which the 
 infringing copy was made, the number of those infringing pages shall be  adjusted downward in proportion to the difference between the size of the  enlarged image and that of the original image, with the result expressed to  2 decimal places without rounding off.  
 
 
PART 4 
 
DETERMINATION OF VALUE OF QUALIFYING COPIES 
 6.  Determination of value of qualifying copies made from books  
 
 (1)  This section applies to the determination, for the purposes of section 4(1) and (2) of 
this Schedule, of the value of qualifying copies within the meaning of paragraph ( a) of the definition 
of "qualifying copy" in section 1(1) of this Schedule.  IP/N/1/HKG/C/1/Add.13 
Page 8  
 
   (2)  A qualifying copy is taken to have the sa me value as a copy of a book (referred to in 
this section as a "comparable copy") that—     ( a) is not an infringing copy; and  
 
  ( b)  contains the copyright work that is the subject of the qualifying copy.  
  (3)  The value of a comparable copy is taken to be—     ( a) the marked retail price of  the comparable copy;  
 
  ( b) if the comparable copy has no marked retail price, the recommended retail 
 price of the comparable copy; or  
   ( c) if the comparable copy has neither a marked retail price nor a recommended 
 retail price, subject to subsection (4), the market value of the comparable 
 copy in so far as it is readily ascertainable.  
  (4) If the comparable copy fo rms one of the volumes in a copy of a publication series or 
multi-volume set (referred to in this section as a "comparable set"), and the comparable copy has neither a marked retail price nor a recommended reta il price, the value of the comparable copy is 
taken to be—  
   ( a) a fraction of the marked retail price of the comparable set in which the 
 denominator is the total number of pr inted pages of the comparable set and 
 the numerator is the number of printed pages of the comparable copy, with 
 the result expressed to 2 decimal places without rounding off; or  
   ( b) if the comparable set has no marked retail price, a fraction of the 
 recommended retail price of the comparable set in which the denominator is  the total number of printed pages of the comparable set and the numerator is 
 the number of printed pages of the comparable copy, with the result 
 expressed to 2 decimal places without rounding off.  
  (5) For the purposes of subsection (3)( a), if the comparable copy has 2 or more than 2 
marked retail prices denominated in different cu rrencies, the currency by reference to which the 
value of the comparable copy is to be calculated shall be determined in accordance with the 
following order—  
   ( a)  firstly, Hong Kong dollar;  
   ( b) secondly, United States dollar; and  
 
  ( c) thirdly, the currency in which the first marked retail price as printed in or on 
 the comparable copy is denominated.  
  (6) For the purpo ses of subsection (4)( a), if the comparable set has 2 or more than 
2 marked retail prices denominated in different cu rrencies, the currency by reference to which the 
value of the comparable copy is to be calculated shall be determined in accordance with the 
following order—     ( a) firstly, Hong Kong dollar;  
  IP/N/1/HKG/C/1/Add.13 
 Page 9 
 
 
    ( b) secondly, United States dollar; and  
   ( c)  thirdly, the currency in which the first marked retail price as printed in or on 
 the comparable set is denominated.  
 
 (7)  If the marked retail price, recommended retail price or market value referred to in 
subsection (3) or (4) is denominated in a currency other than the Hong Kong dollar, section 2 of this 
Schedule applies to the conversion of that  price or value into Hong Kong dollars.  
 
7.  Determination of value of qualifying copies made from specified journals (general provisions)  
 
 (1) This section applies to the determination, for the purposes of section 4(1) and (2) of 
this Schedule, of the value of qualifying copies within the meaning of paragraph ( b) of the definition 
of "qualifying copy" in section 1(1) of this Schedule.   
 (2) If—  
   ( a) a qualifying copy within the meaning of paragraph ( b)(i) of the definition of 
 "qualifying copy" in section 1(1) of th is Schedule is made from a copy of an 
 issue of a specified journal; and  
 
  ( b)  that qualifying copy consists of on e or more than one qualifying copy 
 within the meaning of paragraph ( b)(ii) of the definition of "qualifying copy" 
 in section 1(1) of this Schedule, in determining the total value of the  qualifying copies referred to in paragraphs ( a) and ( b), only the value of the 
 qualifying copy referred to in paragraph ( a) is to be taken into account.  
 
8.  Determination of value of qualifying copies made from specified journals (issues)  
 
 (1) This section applies to the determination, for the purposes of section 4(1) and (2) of 
this Schedule, of the value of qualifying copies within the meaning of paragraph ( b)(i) of the 
definition of "qualifying copy" in  section 1(1) of this Schedule.  
 
 (2)  A qualifying copy is taken to have th e same value as a copy of an issue of a 
specified journal (referred to in this section as a "comparable copy") that—     ( a) is not an infringing copy; and  
 
  ( b) contains the copyright work that is the subject of the qualifying copy.  
  (3) The value of a comparable copy is taken to be—     ( a) the marked retail price of  the comparable copy;  
 
  ( b) if the comparable copy has no marked retail price, the marked 
 subscription price of the specified journal concerned as printed in or on  the comparable copy divided by the number of issues covered in the  subscription, with the result expressed to 2 decimal places without rounding 
 off; or  
   ( c) if the comparable copy has no marked retail price and the specified journal 
 concerned has no marked subscription price as printed in or on the  comparable copy, the recommended subscription price of the specified IP/N/1/HKG/C/1/Add.13 
Page 10  
 
   journal concerned divided by the number of issues covered in the 
 subscription, with the result expresse d to 2 decimal places without rounding 
 off.  
  (4) For the purposes of subsection (3)( a), if the comparable copy has 2 or more than 
2 marked retail prices denominated in different cu rrencies, the currency by reference to which the 
value of the comparable copy is to be calculated shall be determined in accordance with the following order—     ( a) firstly, Hong Kong dollar;  
 
  ( b) secondly, United States dollar; and  
   ( c) thirdly, the currency in which the first marked retail price as printed in or on 
 the comparable copy is denominated.  
 
 (5)  For the purposes of subsection (3)( b), if the specified journal concerned has 2 or 
more than 2 marked subscription prices, as printed in or on the comparable copy, denominated in different currencies, the currency by reference to wh ich the value of the comparable copy is to be 
calculated shall be determined in acco rdance with the following order—  
 
  ( a)  firstly, Hong Kong dollar;  
   ( b) secondly, United States dollar; and  
   ( c) thirdly, the currency in which the first marked subscription price as printed 
 in or on the comparable copy is denominated.  
  (6) If the marked retail price, mark ed subscription price or recommended 
subscription price referred to in subsection (3) is denominated in a currency other than the Hong Kong dollar, section 2 of this Schedule applies to th e conversion of that price into Hong Kong dollars.  
 9.  Determination of value of qualifying copies made from specified journals (articles)  
 
 (1) This section applies to the determination, for the purposes of section 4(1) and (2) of 
this Schedule, of the value of qualifying copies within the meaning of paragraph ( b)(ii) of the 
definition of "qualifying copy" in  section 1(1) of this Schedule.  
 
 (2) A qualifying copy is taken to have the same value as a copy of an article in an issue of a specified journal (referred to in this  section as a "comparable copy") that—  
   ( a)  is not an infringing copy; and  
 
  ( b) contains the copyright work that is the subject of the qualifying copy.  
  (3) The value of a comparab le copy is taken to be its recommended retail price.  
  (4) If the recommended retail price referred to in subsection (3) is denominated in a 
currency other than the Hong Kong dollar, section 2 of  this Schedule applies to the conversion of that 
price into Hong Kong dollars.    
_______________  IP/N/1/HKG/C/1/Add.13 
 Page 11 
 
 
   
   SCHEDULE 1AB  [s.119B]  
CIRCUMSTANCES IN WHICH SECTION 119B(1) OF THIS 
ORDINANCE DOES NOT APPLY (MANNER OF 
DISTRIBUTION OF INFRINGING COPIES) 
  
1.  Interpretation  
 
 Expressions used in this Schedule that are defined for the purposes of Part II (copyright) of this Ordinance have the same meaning as in that Part.   
2.  Manner of distribution of infringing copies  
 
 (1) Subject to subsection (2), section 119B(1) of this Ordinance does not apply to the distribution through a wire or wireless network of an infringing copy to which access is restricted by procedures of authentication or identification.    (2) Subsection (1) does not apply to an infringing copy embodied in a document that is 
distributed to an el ectronic mail address or facsimile number.". 
  
__________