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/1/ Add.8 
10 April 2008 
(08-1653) 
Original: English/ 
anglais/ 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
HONG KONG, CHINA 
Addendum 
The present document reproduces the text1 of the Copyright (Amendment) Ordinance 2007 
Ord. No. 15 of 2007), as notified by Hong Kong, China under Article 63.2 of the Agreement (see 
document IP/N/l/HKG/16). 
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 
Addendum 
Le present document contient le texte1 de l'Ordonnance 2007 sur le droit d'auteur 
(modification) (Ord. n° 15 de 2007), notifiee par Hong Kong, Chine au titre de !'article 63:2 de 
!'Accord (voir le document IP/N/l/HKG/16). 
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 PAllRAFO 2 DEL ARTICULO 63 DEL ACUERDO 
HONG KONG, CHINA 
Addendum 
En el presente documento se reproduce el texto 1 de la Orden sobre Derecho de Autor 
(modificaci6n) de 2007 (Orden N° 15 de 2007), notificada por Hong Kong, China en virtud de lo 
dispuesto en el parrafo 2 del articulo 63 del Acuerdo (vease el documento IP/N/l/HKG/16). 
1 In English only./En anglais seulement./En ingles solamente. IP/N/l/HKG/C/1/ Add.8 
Page2 
COPYRIGHT (AMENDMENT) ORDINANCE Ord. No. 15 of 2007 
Section COPYRIGHT (AME~1DMENT) ORDINANCE 2007 
CONTE:NTS 
PART 1 
PRELIMINARY 
1. Short title ............................................................................... . 
2. Comm.encement ..................................................................... . 
PART 2 
AMENDMENTS TO COPYRIGHT ORDINANCE 
3. Long title amended ........................................................................... . 
4. Duration of copyright in literary, dramatic, musical or artistic works 
5. The acts restricted by copyright in a work ........................... .. 
6. Infringement by rental of work to the public ........................ . 
7. Secondary infringement: possessing or dealing with infringing 
copy ............................. ············~··········································· 
8. Secondary infringement: providing means for making 'nf. . . 1 rmging copies ................................................................. . 
9 M . f "inf . . " . eamng o nnging copy ................................................ . 
10. Section added 
35B. Imported copy not an "infringing copy" for the 
purposes of section 35(3) ...................................... . 
11. Defences for the purposes of sections 30 and 31 ................... . 
12. Research and private study .................................................... . 
13. Sections added 
Persons '"ith a print disability 
40A. Definitions for sections 40A to 40F ......................... . Section IP/N/l/HKG/C/1/ Add.8 
Page 3 
40B. Making a single accessible copy for a person with a 
print disability ....................................................... . 
40C. Making multiple accessible copies by specified bodies 
for persons with a print disability ......................... . 
40D. Intermediate copies ................................................... . 
40E. Records to be kept by specified bodies .................... . 
40F. Supplementary provisions for sections 40A to 40E .. . 
14. Section added 
41A. Fair dealing for purposes of grvrng or rece1v1ng 
instruction ............................................................. . 
15. Performing, playing or showing work in course of activities of 
educational establishments ................................................. . 
16. Reprographic copying made by educational establishments of 
passages from published works .......................................... . 
17. Sections added 
54A. Fair dealing for purposes of public administration .. . 
54B. Legislative Council ................................................... . 
18. Legislative Council and judicial proceedings ......................... . 
19. Use of typeface in ordinary course of printing ...................... . 
20. Advertisement of sale of artistic work ................................... . 
21. Section added 
8 lA. Playing of sound broadcasts inside vehicles 
22. Right to be identified as author or director ...................................... . 
23. Requirement that right be asserted ........................................ . 
24. Exceptions to right ................................................................. . 
25. Right to object to derogatory treatment of work .................. . 
26. Infringement of right by possessing or dealing with infringing 
article ..................................................... -............................ . 
27. False attribution of work ....................................................... . 
28. Application of provisions to joint works ............................... . IP/N/l/HKG/C/1/Add.8 
Page4 
Section 
29. Transmission of moral rights on death .................................. . 
30. Order for delivery up ............................................................. . 
31. Criminal liability for making or dealing with infringing 
articles, etc. . ....................................................................... . 
32. Penalties for offences under section 118 . ............. -. ................. . 
33. Section added 
119B. Offence in relation to making for distribution or 
distributing on a regular or frequent basis 
infringing copies of copyright works in printed 
form contained in books, etc. . .............................. . 
34. Making infringing copies outside Hong Kong, etc ................ . 
35. T~e limit for prosecutions .................................................... . 
36. Affidavit evidence .................................................................. . 
37. Seized articles, etc. liable to forfeiture ................................... . 
38. Disposal of articles, etc. where a person is charged ............... . 
39. Determination of application for forfeiture ........................... . 
40. Licensing schemes to which sections 155 to 160 apply .......... . 
41. Licences to which sections 162 to 166 apply .......................... . 
42. Constitution for purposes of proceedings ............... · ............... . 
43. Groundless threat of proceedings in relation to parallel 
import ....................................................... ~ ........................ . 
44. Folklore, etc.: anonymous unpublished works ...................... . 
45. Meaning of "publication" and "commercial publication" ...... . 
46. Requirement of signature: application in relation to body 
corporate ............................................................................ . 
47. Minor definitions ................................................................... . 
48. Index of defined expressions .................................................. . 
49. Rights conferred on performers and persons having fixation 
rights .................................................................................. . Section IP/N/1/HKG/C/1/ Add.8 
Page5 
50. Infringement of performer's rights by importing, exporting, 
possessing or dealing with infringing fixation .................... . 
51. Section added 
207 A. Infringement of performers' rights by renting copies 
to the public without consent ............................... . 
52. Infringement of fixation rights by importing, exporting, 
possessing or dealing with infringing fixation .................... . 
53. Section added 
213A. Power of Tribunal to give consent on behalf of 
owners of performers' rental right in certain cases 
54. Performers' economic rights .................................................. . 
55. Order for delivery up ............................................................. . 
56 M . f "" f . . fi . " . eanmg o 1n nnging rxatlon ........................................... . 
57. Section added 
229A. Imported fixation not an "infringing fixation" for the 
purposes of section 229( 4) .................................... . 
58. Jurisdiction of Copyright Tribunal ........................................ . 
59. Expressions having same meaning as in copyright provisions 
60. Index of defined expressions .................................................. . 
61. Section added 
242A. Fair dealing for purposes of givtng or rece1vmg 
instruction . ~ ........................................................... . 
62. Playing or showing sound recording, film, broadcast or cable 
programme at educational establishment ........................... . 
63. Sections added 
246A. Fair dealing for purposes of public administration .. . 
246B. Legislative Council_ ............................................................. . 
64. Legislative Council and judicial proceedings ......................... . IP/N/l/HKG/C/1/ Add.8 
Page6 
Section 
65. Section added 
66. 258A. Playing of sound broadcasts inside vehlcles 
Part IIIA added 
PART IIIA 
PERFORMERS' 1-foRALRIGHTS 
Introductory 
272A. Moral rights conferred on certain performers .......... . 
Right to be identified as performer 
272B. Right to be identified as performer .......................... . 
272C. Requirement that right under section 272B be 
asserted ................................................................. . 
272D. Exceptions to right under section 272B .................... . 
Right to object to derogatory treatment 
272E. Right to object to derogatory treatment .................. . 
272F. Infringing of right under section 272E by possessing 
or dealing with infringing articles ......................... . 
272G. Exceptions to right under section 272E .................... . 
Supplementary 
272H. Duration of rights .................................................... . 
272I. Consent and waiver of rights .................................... . 
272J. Application of provisions to joint performers .......... . 
272K. Application of provisions to part of performance .... . 
272L. Moral rights not assignable ...................................... . 
272M. Transmission of moral rights on death .................... . Section IP /N/l/HKG/C/1/ Add.8 
Page 7 
272N. Remedies for infringement of performers' moral 
rights ..................................................................... . 
2720. Presumptions relevant to sound recordings in which 
performances are fixed .......................................... . 
67. Cross-heading substituted 
Circumvention of effective technological measures ........... . 
68. Section substituted 
273. Interpretation of sections 273 to 273H ..................... . 
69. Sections added 
273A. Rights and remedies in respect of circumvention of 
effective technological measures ........................... . 
273B. Rights and remedies in respect of devices and services 
designed to circumvent effective technological 
measures ............................................................... . 
273C. Offences in relation to circumvention of effective 
technological measures ......................................... . 
273D. Exceptions to section 273A ...................................... . 
273E. Exceptions to section 273B ....................................... . 
273F. Exceptions to section 273C ...................................... . 
273G. Application of sections 273, 273A, 273B, 273D and 
273E to performances ........................................... . 
273H. Exceptions to sections 273A, 273B, 273C and 273G 
70. Rights and remedies in respect of unlawful acts to interfere 
with rights management information ................................. ~ 
71. Transitional provisions and savings ....................................... . 
72. Section added 
283. Transitional prov1s1ons and savrngs rn relation to 
amendments effected by the Copyright 
(Amendment) Ordinance 2007 .............................. . 
73. Educational establishments ....... : ............................................ . IP /N/1/HKG/C/1/ Add. 8 
Page 8 
Section 
74. Schedule lA added 
Schedule lA Bodies and authorities specified for 
purposes of definition of "specified 
course of study" ..................................... . 
75. Schedule 7 added 
Schedule 7 Transitional provis10ns and savings m 
relation to amendments effected by the 
Copyright (Amendment) Ordinance 2007 
(15 of 2007) .~ ............................................. . 
PART 3 
MISCELLANEOUS 
Copyright (Suspension of Amendments) Ordinance 2001 
76. Repeal .................................................................................... . 
Organized and Serious Crimes Ordinance 
77. Offences relevant to definitions of "organized crime" and 
"specified offence" 
Prevention of Copyright Piracy Ordinance 
78. Time limit for prosecutions .................................................... . COPYRIGHT (AMENDMENT) ORDINANCE IP/N/1/HKG/C/l/Add.8 
Page9 
Ord. No. 15 of 2007 
HONG KONG SPECIAL ADMl1\1ISTRATIVE REGION 
ORDINANCE No. 15 OF 2007 
G Donald TSANG 
Chief Executive 
5 July 2007 
An Ordinance to amend the Copyright Ordinance to make provisions or 
further provisions for-
(a) the acts which may be done in relation to works or performances 
notwithstanding the copyright in the works or the rights in the 
performances; 
(b) the rental right of copyright owners and performers; 
(c) the moral rights of performers; 
( d) the infringement of copyright in works or rights m 
performances; 
(e) the technological measures which are used for the protection of 
copyright in works or rights in performances; and 
(f) miscellaneous and transitional matters, 
to repeal the Copyright (Suspension of Amendments) Ordinance 2001, 
and to make provisions for related matters. 
[6 July 2007] 
Enacted by the Legislative Council. 
PART 1 
PRELIMINARY 
1. Short title 
This Ordinance may be cited as the Copyright (Amendment) Ordinance 
2007. IP/N/1/HKG/C/l/ Add.8 
Page 10 
2. Commencement 
(1) Subject to subsection (2), this Ordinance shall come into operation on 
the day on which it is published in the Gazette. 
(2) The fallowing sections shall come into operation on a day to be . 
appointed by the S~cretary for Commerce and Economic Development by 
notice published in the Gazette-
( a) section 6(1) (insofar as it relates to the new section 25(l)(c), (d); 
(e) and (!)), (2) and (4); 
(b) section 31(5); 
(c) section 33; 
(d) section 36(7); 
(e) section 36(8), (9), (10) and (12) (insofar as it relates to the new 
section 121(2D)); 
(j) section 37; 
(g) section 38; 
(h) section 39; 
(i) section 47(2) (insofar as it relates to paragraphs (c), (d), (e) and 
(j) of the new definition of "rental right" in section 198(1)); 
· (j) section 49; 
(k) section 51; 
(l) section 53; 
(m) section 54; 
(n) section 58; 
(o) se~tion 60; 
(p) section 66; 
(q) section 67; 
(r) section 68; 
(s) section 69; 
(t) section 70; and 
(u) section 75 (insofar as it relates to Parts. 3 and 4 of the new 
Schedule 7). PART 2 IP/N/l/HKG/C/1/ Add.8 
Page 11 
AMENDMENTS TO COPYRIGHT ORDINANCE 
3. Long title amended 
The long title to the Copyright Ordinance (Cap. 528) is amended by 
repealing everything after "An Ordinance to" and substituting "make 
provis10ns in respect of copyright and related rights and for connected 
purposes. 
4. Duration of copyright in literary, dramatic, 
musical or artistic works -
Section 17(5)(b)(i) is amended, in the Chinese text, by repealing "~Jt" 
and substituting "~JU". 
5. The acts restricted by copyright in 
a work 
Section 22(1 )( c) is repealed and the foil owing substituted-
"( c) to rent copies of the work to the public (see section 25);". 
6. Infringement by rental of work to 
the public 
(1) Section 25(1) is repealed and the following substituted-
"(!) The rental of copies of any of the foil owing works to the public 
is an act restricted by the copyright in the work­
(a) a computer program; 
( b) a sound recording; 
(c) a film; 
(d) a literary, dramatic or musical work included in a sound 
recording; 
( e) a literary or artistic work included in a comic book; or 
(f) the typographical arrangement of a published edition of a 
comic book.". 
(2) Section 25(3) is amended by repealing "The" and substituting 
"Subject to subsection (3A), the". 
(3) Section 25(3)(b) is amended, in the Chinese text, by repealing "~jt" _ 
and substituting "~YU". 
( 4) Section 25 is amended by adding-IP/N/1/HK.G/C/l/ Add.8 
Page 12 
"(3A) The rental of copies of a work referred to in subsection (1 )( e) 
or(/) includes the making available of copies of the work for on-the-spot 
reference use subject to direct or indirect payment.". 
7. Secondary infringement: possessing or 
dealing with infringing copy 
(1) Section 31(1)(a) is amended by repealing ''for the purpose of, in the 
course of, or in connection with, any trade or business" and substituting "for 
the purpose of or in the course of any trade or business". 
(2) Section 3l(l)(c) is amended by repealing "for the purpose of, in the 
course of, or in connection with, any trade or business" and substituting "for 
the purpose of or in the course of any trade or business". 
(3) Section 31 (1 )( c) is amended, in the Chinese text, by repealing "£Jt" 
and substituting "~fU ". 
(4) Section 3l(l)(d) is amended by repealing "otherwise than for the 
purpose of, in the course of, or in connection with, any trade or business" and 
substituting "otherwise than for the purpose of or in the course of any trade or 
business". 
8. · Secondary infringement: providing 
means for making infringing 
copies 
Section 32(l)(c) is amended by repealing "for the purpose of, in the course 
of, or in connection with, any trade or business" and substituting "for the 
purpose of or in the course of any trade or business". 
9. Meaning of "infringing copy" 
(1) Section 3 5(3) is amended by repealing "Except as provided in section 
35A," and substituting "Except as otherwise provided in section 35A or 35B,". 
(2) Section 35(4)(b) is amended by repealing "18 months" and 
substituting "15 months". 
(3) Section 35 is amended by adding-
"(6A) Where, in any proceedings, a question arises as to whether a 
copy of a work that was lawfully made in the country, territory or area 
where it was made is an infringing copy by virtue only of subsection (3), 
and it is shown-IP/N/1/HKG/C/1/ Add.8 
Page 13 
(a) in the case of a copy of a work that is stored in an optical 
disc, that the optical disc is not marked with a 
manufacturer's code as required under section 15 of the 
Prevention of Copyright Piracy Ordinance (Cap. 544); 
(b) that a label or niark on the copy, the article in which the 
copy is embodied or the packaging or container in which 
the copy is packaged or contained indicates that the copy 
was made in a country, territory or area outside Hong 
Kong; or 
( c) that a label or mark on the copy, the article in which the 
copy is embodied or the packaging or container in which 
t_he copy is packaged or contained indicates that 
distribution, sale or supply of the copy is prohibited in 
Hong Kong or restricted to countries, territories or areas 
outside Hong Kong, 
then, unless there is evidence to the contrary, the copy shall be presumed 
to have been imported into Hong Kong. 
(6B) In subsection (6A)(a)-
"manufacturer's code" (~~~f~fil§) has the meaning assigned to it by 
section 2(1) of the Prevention of Copyright Piracy Ordinance 
(Cap. 544); 
"marked" (ILi:) has the meaning assigned to it by section 15(3) of the 
Prevention of Copyright Piracy Ordinance (Cap. 544); 
"optical disc" (1tf-*) has the meaning assigned to it by section 2(1) of the 
Prevention of Copyright Piracy Ordinance (Cap. 544).". 
( 4) Section 35(7) is repealed and the following substituted-
"(7) In this Part, "infringing copy" ( ttJBMtHfHJ ~ 8b) includes a copy 
which is to be treated as an infringing copy by virtue of any of the 
following provisions-
(a) section 35B(5) (imported copy not an "infringing copy" for 
purposes of section 35(3)); 
(b) section 40B(5) (accessible copies made for persons with a 
print disability); 
( c) section 40C(7) ( accessible copies made by specified bodies 
for persons with a print disability); 
(d) section 40D(2) (intermediate copies possessed by specified 
bodies); 
(e) section 40D(7) (intermediate copies dealt with by specified 
bodies); 
(j) section 41A(7) (copies made for purposes of giving or 
receiving instruction); IP/N/1/HKG/C/1/ Add.8 
Page 14 
(g) section 41(5) (copies made for purposes of instruction or 
examination); 
(h) section 44(3) (recordings made by educational 
· establishments for educational purposes); 
(i) section 45(3) (reprographic copying by educational 
establishments for purposes of instruction); 
(j) section 46( 4 )( b) ( copies made by librarian or archivist in 
reliance on false declaration); 
(k) section 54A(3) ( copies made for purposes of public 
administration); 
(!) section 64(2) (further copies, adaptations, etc. of work in 
electronic form retained on transfer of principal copy); 
(m) section 72(2) (copies made for purpose of advertising artistic 
work for sale); or 
(n) section 77(4) (copies made for purposes of broadcast or 
cable programme).". 
10. Section added 
The f o11owing is added immediately after section 35A-
"35B. Imported copy not an "infringing copy" 
for the purposes of section 35(3) 
(1) A copy of a work to which this subsection applies is not-
(a) in relation to the person who imports it into Hong Kong, an 
infringing copy for the purposes of section 35(3) if-
(i) it was lawfully made in the country, territory or area 
where it was made; and 
(ii) it is not imported with a view to its being dealt in by 
any person for the purpose of or in the course of any 
trade or business; or 
(b) in relation to the person who possesses it, an infringing copy 
for the purposes of section 35(3) if-
(i) it was lawfully made in. the country, territory or area 
where it was made; and 
(ii) it is not possessed with a view to its being dealt in by 
any person for the purpose of or in the course of any 
trade or business. 
(2) Subsection (1) applies to a copy of a work of any description 
except a copy of a work-(a) that is-
(i) a musical sound recording; 
(ii) a musical visual recording; 
(iii) a television drama; or 
(iv) a movie; and IP/N/l/HKG/C/1/ Add.8 
Page 15 
(b) that is, or is intended to be, played or shown in public. 
(3) Notwithstanding the exception in subsection (2), subsection (1) 
applies to a copy of a work that is referred to in subsection (2)(a) and that 
is, or is intended to be, played or shown in public-
(a) by an educational establishment for the educational 
purposes of the e~tablishment; or 
(b) by a specified library for use of the library. 
(4) For the purposes of subsection (3)(b), a library is regarded as a 
specified library if it falls within the description of any library specified 
under section 46(1)(b ). 
(5) Where a copy. of a work is not an infringing copy by virtue of 
subsection (1) but is subsequently dealt in for the purpose of or in the 
course of any trade or business-
( a) if that dealing takes place within the period of 15 months 
referred to in section 35( 4)(b ), it is, for the purposes of 
sections 118 to 133 (criminal provisions), to be treated, in 
relation to thai dealing and the person who deals in it, as an 
infringing copy; and 
(b) irrespective of the time at which that dealing takes place, it 
is, for the purposes of any provision of this Ordinance 
except sections 118 to 133, to be treated, in relation to that 
dealing and the person who deals in it, as an infringing 
copy. 
(6) In this section, "deal in" (~if§) means sell, let for hire, offer or 
expose for sale or hire, or distribute for profit or reward.". 
11. Defences for the purposes of sections 
30 and 31 
Section 36(1) is amended by adding "and which was lawfully made in the 
country, territory or area where it was made" after "section 35(3)". 
12. Research and private study 
(1) Section 3 8(1) is amended by repealing "of any description". 
(2) Section 38(3) is repealed and the following substituted-IP/N/l/HKG/C/1/Add.8 
Page 16 
"(3) In determining whether any dealing with a work is fair dealing 
under subsection (1), the court shall take into account all the 
circumstances of the case and, in particular-
( a) the purpose and nature of the dealing, including whether 
the dealing is for a non-profit-making purpose and whether · 
the dealing is of a commercial nature; 
(b) the nature of the work; 
(c) the amount and substantiality of the portion dealt with in 
relation to the work as a whole; and 
(d) the effect of the dealing on the potential market for or value 
of the work.". 
13. Sections added 
The following are added immediately after section 40-
"Pers~ns with a print disability 
40A. Definitions for sections 40A to 40F 
In this section and in sections 40B to 40F-
"accessible copy" (1£M'-mi~X7-fs:), in relation to a copyright work, means a 
version which provides improved access to the work for a person with 
a print disability; 
"lend" ( {i tfj ), in relation to a copy, means to make it available for use, 
otherwise than for direct or indirect economic or commercial 
advantage, on terms that it will be returned; 
"print disability" (mitt~~), in relation to a person, means­
(a) blindness; 
(b) an impairment of his visual function which cannot be 
improved by the use of corrective lenses to a level that 
would normally be acceptable for reading without a special 
level or kind of light; . 
(c) inability, through physical disability, to hold or manipulate 
a book; or 
(d) inability, through physical disability, to focus or move bis 
eyes . to the extent that would normally be acceptable for 
reading; 
"specified body" (t~~!lfB) means a body of any of the following 
descriptions-
(a) an educational establishment specified in section 1 of 
Schedule 1; IP /N/1/HKG/C/1/ Add. 8 
Page 17 
(b) an educational establishment exempt from tax under section 
88 of the Inland Revenue Ordinance (Cap. 112); 
(c) an educational establishment receiving direct recurrent 
subvention from the Government; or 
(d) an organization which is not established or conducted for 
profit and whose main objects are charitable or are 
otherwise concerned with the advancement of welfare for 
persons with a print disability. 
40B. Making a single accessible copy for a 
person with a print disability 
(1) If-
( a) a person with a print disability possesses a copy of the 
whole or part of a literary, dramatic, , musical or artistic 
work (referred to in this section as "master copy"); and 
(b) the master copy is not accessible to him because of the 
disability, 
it is not an infringement of copyright in the work or, in the case of a 
published edition, in the typographical arrangement, for one accessible 
copy of the master copy to be made by or on behalf of the person for his 
pers-onaI use. 
(2) Subsection (1) does not apply-
( a) if the master copy is an infringing copy; 
(b) if the master copy is of a musical work or part of a musical 
work, and the making of an accessible copy would involve 
recording a performance of the work or part of the work; or 
(c) if the master copy is of a dramatic work or part of a 
dramatic work, and the making of an accessible copy would 
involve recording a performance of the work or part of the 
work. 
(3) Subsection (1) does not apply unless, at the time when the 
accessible copy is made by or on behalf of the person with a print 
disability, the maker of the copy is satisfied, after making reasonable 
enquiries, that copies of the relevant copyright work in a form that is 
accessible to the person cannot be obtained at a reasonable commercial 
pnce. 
( 4) If a person makes an accessible copy on behalf of a person with a 
print disability under this section and charges for it, the sum charged must 
nqt exceed the cost incurred in making and supplying the copy. 
(5) ·Where an accessible copy which apart from this section would be 
an infringing copy is made or supplied in accordance with this section but 
is subsequently dealt with, it is to be treated as an infringing copy-IP/N/l/HKG/C/1/ Add.8 
Page 18 
(a) for the purpose of that dealing; and 
(b) if that dealing infringes copyright, for all subsequent 
purposes. 
(6) In subsection (5), "dealt with" (:titJ:§ 12JJifr.x~) means sold, let 
for hire, or offered or exposed for sale or hire. 
40C. Making multiple accessible copies by 
specified bodies for persons 
with a print disability 
(1) If-
( a) a specified body possesses a copy of the whole or part of a 
commercial publication of a literary, dramatic, musical or 
artistic work (referred to in this section as "master copy"); 
and 
( b) the master copy is not accessible to persons with a print 
disability, 
it is not an infringement of copyright in the work or, in the case of a 
published edition, in the typographical arrangement, for the specified 
body to make for those persons or supply to those persons accessible 
~opies of the master copy for their personal use. 
(2) Subsection (1) does not apply-
( a) if the master copy is an infringing copy; 
( b) if the master copy is of a musical work or part of a musical 
work, and the making of an accessible copy would involve 
recording a performance of the work or part of the work; or 
(c) if the master copy is of a dramatic work or part of a 
dramatic work, and the making of an accessible copy would 
involve recording a performance of the work or part of the 
work. 
(3) Subsection (1) does not apply unless, at the time when the 
accessible copies are made, the specified body is satisfied, after making 
reasonable enquiries, that copies of the relevant copyright work in a form 
that is accessible to a person with a print disability cannot be obtained at 
a reasonable commercial price. 
( 4) The specified body must-
( a) within a reasonable time before making or supplying the 
accessible copies, notify the relevant copyright owner of its 
intention to make or supply the accessible copies; or 
(b) within a reasonable time after making or supplying the 
accessible copies, notify the relevant copyright owner of the 
fact that it has made or supplied the accessible copies. IP /N/1/HKG/C/l/ Add. 8 
Page 19 
(5) The requirement under subsection (4) does not apply if the 
specified body cannot, after making reasonable enquiries, ascertain the 
identity and contact details of the relevant copyright owner. 
(6) If the specified body charges for making and supplying an 
accessible copy under this section, the sum charged must not exceed the 
cost incurred in making and supplying the copy. 
(7) Where an accessible copy which apart from this section would be 
an infringing copy is made or-supplied in accordance with this section but 
is subsequently dealt with, it is to be treated as an infringing copy-
( a) for the purpose of that dealing; and 
(b) if that dealing infringes copyright, for all subsequent 
purposes. 
(8) In subsection (7), "dealt with" (titffl lJJ-lfrx~) means sold, let 
for hire, or offered or exposed for sale or hire. 
40D. Intermediate copies 
(1) A specified body entitled to make accessible copies of a master 
copy under section 40C may possess an intermediate copy of the master 
copy. which is necessarily created during the production of the accessible 
copies, but-
( a) the specified body may possess the intermediate copy only 
for the purpose of the production of further accessible 
copies; and 
(b) the specified body must destroy the intermediate· copy 
within 3 months after it is no longer required for that 
purpose. 
(2) An intermediate copy possessed otherwise than in accordance 
with subsection (1) is to be treated as an infringing copy. 
(3) A specified body may lend or transfer an intermediate copy 
possessed under subsection (1) to another specified body which is also 
entitled to make accessible copies of the relevant copyright work under 
section 40C. 
(4) The specified body must- . 
(a) within a reasonable time before lending or transferring the 
intermediate copy, notify the relevant copyright owner of its 
intention to lend or transfer the intermediate copy; or 
(b) within a reasonable time after lending or transferring the 
intermediate copy, _notify the relevant copyright owner of 
the fact that it has lent or transferred the intermediate copy. IP/N/1/HKG/C/1/ Add.8 
Page 20 
(5) The requirement under subsection (4) does not apply if the 
specified body cannot, after making reasonable enquiries, ascertain the 
identity and contact details of the relevant copyright owner. 
(6) If the specified body charges for lending or transferring an 
intermediate copy under this section, the sum charged must not exceed the 
cost incurred in lending or transferring the copy. 
(7) Where an intermediate copy which apart from this section would 
be an infringing copy is possessed, lent or transferred in accordance with 
this section but is subsequently dealt with, it is to be treated as an 
infringing copy-
( a) for the purpose of that dealing; and 
(b) if that dealing infringes copyright, for all subsequent 
purposes. 
(8) In subsection (7), "dealt with" (~ffl tziifrx~) means sold, let 
for hire, or offered or exposed for sale or hire. 
40E. Records to be kept by specified bodies 
(1) A specified body must · make a record of any accessible copy 
made or supplied under section 40C as soon as practicable after it is made 
or supplied. 
(2) The record referred to in subsection (1) must include-
(a) the date on which the accessible copy is made or supplied; 
(b) the form of the accessible copy; 
( c) the title, publisher and edition of the relevant master copy; 
(d) where the accessible copy is made for or supplied to a body 
or a class of persons, the name of the body or a description 
of the class of persons; and 
(e) where more than one copy of the accessible copy is made or 
supplied, the total number of such copies. 
(3) A specified body must make a record of any intermediate copy 
lent or transferred under section 40D as soon as practicable after it is lent 
or transferred. 
(4) The record referred to in subsection (3) must include-
(a) the name of the specified body to which and the date on 
which the intermediate copy is lent or transferred; 
(b) the form of the intermediate copy; and 
(c) the title, publisher and edition of the relevant master copy. 
(5) A specified body must-
(a) retain any record made under subsection (1) or (3) for a 
period of at least 3 years after it is made; and IP /N/1/HKG/C/1/ Add. 8 
Page 21 
(b) allow the relevant copyright owner or a person acting for 
him, on giving reasonable notice, to inspect and make 
copies of the record at any reasonable time. 
40F. Supplementary provisions for 
sections 40A to 40E 
(1) This section supplements sections 40A to 40E. 
(2) A copy ( other than an accessible copy made under section 40B 
or 40C) of a copyright work is taken to be accessible to a person with a 
print disability only if it is as accessible to him as it would be if he were 
not suffering from the disability. 
(3) An accessible copy of a copyright work may be in the form o·f­
(a) a sound recording of the work; 
(b) a Braille, large-print or electronic version of the work; or 
(c) any other specialized format of the work. 
(4) An accessible copy of a copyright work may include facilities for 
navigating around the version of the work but must not include-
(a) changes which are not necessary to overcome problems 
caused by a print disability; or 
(b) changes which infringe the moral right of the author of the 
work conferred by section 92 not to have the work 
subjected to derogatory treatment.". 
14. Section added 
The following is added immediately before section 41 under the cross­
heading of "Education"-
"41A. Fair dealing for purposes of giving or 
receiving instruction 
(1) Fair dealing with a work by or on behalf of a teacher or by a 
pupil for the purposes of giving or receiving instruction in a specified 
course of study provided by an educational establishment does not 
infringe the copyright in the work or, in the case of a published edition, in 
the typographical arrangement. 
(2) In determinmg whether any dealing with a work is fair dealing 
under subsection (1 ), the court shall take into account all the 
circumstances of the case and, in particular-
( a) the purpose and nature of the dealing, including whether 
the dealing is for a non-profit-making purpose and whether 
the dealing is of a commercial nature; IP/N/l/HKG/C/1/ Add.8 
Page 22 
(b) the nature of the work; 
( c) the amount and substantiality of the portion dealt with in 
· relation to the work as a whole; and 
(d) the effect of the dealing on the potential market for or value 
of the work. 
(3) Where any dealing with a work involves the inclusion of any 
passage or excerpt from a published literary or dramatic work in an 
anthology-
(a) if the inclusion is not accompanied by a sufficient 
acknowledgement, the dealing is not fair dealing under 
subsection (1 ); and 
(b) if the inclusion is accompanied by . a sufficient 
acknowledgement, subsection (2) applies in determining 
whether the dealing is fair dealing under subsection (1). 
( 4) Where any dealing with a work involves the making of a recording 
of a broadcast or cable programme or a copy of such a recording-
(a) if an acknowledgement of authorship or other creative 
effort contained in the work recorded is not incorporated in 
the recording, the dealing is not fair dealing under 
subsection (I); and 
(b) if an acknowledgement of authorship or other creative 
effort contained in the work recorded is incorporated in the 
recording, subsection (2) applies in determining whether the 
dealing is fair dealing under subsection (1 ). 
(5) Where any dealing with a work involves the making available of 
copies of the work through a wire or wireless network wholly or partly 
controlled by an educational establishment-
(a) if the educational establishment fails to-
(i) adopt technological measures to restrict access to the 
copies of the work through the network so that the 
copies of the work are made available only to persons 
who need to use the copies of the work for the purposes 
of giving or receiving instruction in the specified course 
of study in question or for the purposes of maintaining 
or managing the network; or 
(ii) ensure that the copies of the work are not stored in the 
network for a period longer than is necessary for the 
purposes of giving or receiving instruction in the 
specified course of study in question or, in any event, 
for a period longer than 12 consecutive months, 
the dealing is not fair dealing under subsection (1 ); ·and 
(b) if the educational establishment-IP/N/1/HKG/C/l/Add.8 
Page 23 
(i) adopts technological measures to restrict access to the 
copies of the work through the network so that the 
copies of the work are made available qnly to persons 
who need to use the copies of the work for the purposes 
of giving or receiving instruction in the specified course 
of study in question or for the purposes of maintaining 
or managing the network; and 
(ii) ensures that the copies of the work are not stored in the 
network for a period longer than is necessary for the 
purposes of giving or receiving instruction in the 
specified course of study in question or, in any event, 
for a period longer than 12 consecutive months, 
subsection (2) applies in determining whether the dealing is 
fair dealing under subsection (1). 
(6) Without affecting the generality of section. 37(5), where any 
dealing with a work involves the making of reprographic copies, the fact 
that the making of the copies does not fall within section 45 does not 
mean that it is not covered by this section, and subsection (2) applies in 
determining whether the dealing is fair dealing under subsection (1). 
(7) Where a copy which apart from this section would be an 
infringing copy is made in accordance with this section but is subsequently 
dealt with, it is to be treated as an infringing copy-
. (a) for the purpose of that dealing; and 
(b) if that dealing infringes copyright, for all subsequent 
purposes. 
(8) In subsection (7), "dealt with" (itffl !2JJi1-:S:3t£) means sold, let for 
hire, or offered or exposed for sale or hire.". 
15. Performing, playing or showing 
work in course of activities of 
educational establishments 
(1) Section 43(1) is amended by repealing "an audience consisting of 
teachers and pupils at an educational establishment and other persons" and 
substituting "an audience consisting wholly or mainly of teachers and pupils at 
an educational establishment, parents or guardians of pupils at the 
establishment, and other persons". 
(2) Section 43(2) is amended by repealing "for the purposes of 
instruction" and substituting "for the purposes of giving or rece1vrng 
instruction". 
(3) Section 43(3) is repealed. IP/N/l/HKG/C/1/ Add.8 
Page 24 
16. Reprographic copying made by educational 
establishments of passages from 
published works 
(1) Section 45 is amended, in the heading, by adding "or pupils" after 
"educational establishments". 
(2) Section 45(1) is amended by repealing "for the purposes of 
instruction" and substituting "for the purposes of giving instruction, or by a 
pupil for the purposes of receiving instruction in a specified course of study 
provided by an educational establishment,". 
17. Sections added 
The fallowing are added immediately before section 54 under the cross­
heading of "Public administration"-
"54A. Fair dealing for purposes of public 
administration 
(1) Fair dealing with a work by the Government, the Executive 
Council, the Judiciary or any District Council for the purposes of efficient 
administration of urgent business does not infringe the copyright in the 
work or, in the case of a published edition, in the typographical 
arrangement. 
(2) In determining whether any dealing with a work is fair dealing 
under subsection (1), the court shall take into account all the 
circumstances of the case and, in particular-
( a) the purpose and nature of the dealing, including whether 
the dealing is for a non-profit-making purpose and whether 
the dealing is of a commercial nature; 
(b) the nature of the work; 
(c) the amount and substantiality of the portion dealt with in 
relation to the work as a whole; and 
( d) the effect of the dealing on the potential market for or value 
of the work. 
(3) Where a copy which apart from this section would be an 
infringing copy is made in accordance with this section but is subsequently 
dealt with, it is to be treated as an infringing copy-
( a) for the purpose of that dealing; and 
(b) if that dealing infringes copyright, for all subsequent 
purposes. IP/N/1/HKG/C/l/ Add.8 
Page 25 
(4) In subsection (3), "dealt with" (tiiffl 1VJ1tfrx~) means sold, let 
for hire, or offered or exposed for sale or hire. 
54B. Legislative Council 
(1) Copyright is not infringed by-
(a) anything done for the purposes of the proceedings of the 
Legislative Council; or 
(b) anything done by or on behalf of-
(i) the members of the Legislative Council; or 
(ii) The Legislative Council Commission, 
for the purposes of the exercise and discharge by the 
Legislative Council of its powers and functions. 
(2) Copyright is not infringed by anything done for the purposes of 
reporting ·the proceedings of the Legislative Council·; but this is not to be 
construed as authorizing the copying of a work which is itself a published 
report of the proceedings.". 
18. Legislative Council and judicial proceedings 
(1} Section 54 is amended by repealing the heading and substituting 
"Judicial proceedings". 
(2) Section 54(1) is amended by repealing "the proceedings of the 
Legislative Council or". 
(3) Section 54(2) is amended, in the Chinese text, by repealing "id!~~ 
ff~". 
19. Use of typeface in ordinary course of printing 
Section 62(3) is amended, in the Chinese text, by repealing "~~,, and 
substituting "l~lJiU". 
20. Advertisement of sale of artistic work 
(1) Section 72(2) is amended, in the English text, by repealing "if that 
dealing infringes copyright for all subsequent purposes" and substituting "and, 
if that dealing infringes copyright, for all subsequent purposes". 
(2) Section 72(2) is amended, in the Chinese text, by repealing "~Jt" and 
substituting "~JU". IP/N/1/HKG/C/1/ Add.8 
Page 26 
21. Section added 
The following is added-
"81A. Playing of sound broadcasts 
inside vehicles 
(1) The playing of a sound broadcast inside a vehicle primarily for 
the purpose of affording the driver of the vehicle access to public 
information (including but .not limited to news reports, weather forecasts 
and information relating to road traffic) does not infringe the copyright in 
the sound broadcast, any sound recording included in it or any· literary, 
dramatic or musical work included in it. 
(2) In subsection (1 ), "vehicle" (]J[.fflJ) means any vehicle constructed 
~r adapted for use on roads.". 
22. Right to be identified as author or director 
(1) Section 89(1) is amended, in the Chinese text, by repealing "ii~" and 
substituting "Wm". 
(2) Section 89(4)(a) is amended, in the Chinese text, by repealing "£Jt" 
and substituting "~1Ll". 
(3) Section 89(7)( c) is amended, in the Chinese text, by repealing "£Jt" 
and substituting "~1U". 
( 4) Section 89(8) is amended, in the Chinese text, by repealing "ii~" and 
substituting "Wm". 
23. Requirement that right be asserted 
(I) Section 90 is amended, in the heading, in the Chinese text, by 
repealing "R!Ji." and substituting "'§' ~" . 
. (2) Section 90(1) is amended, in the Chinese text, by repealing "ffll~" and 
substituting "Wm". 
(3) Section 90(2) is amended, in the Chinese text, by repealing "R~" 
where it twice appears and substituting "Wm". 
(4) Section 90(2)(a) is amended, in the Chinese text, by repealing "R~" 
and substituting "WJF". · 
(5) Section 90(3) is amended, in the Chinese text, by repealing "Jit~" and 
substituting "~3'Ll''. 
(6) Section 90(3) is amended, in the Chinese text, by repealing "a~" and 
substituting "WJF". IP /N/1/HKG/C/1/ Add.8 
Page 27 
(7) Section 90(3)(b) is amended, in the Chinese text, by repealing "~_jt" 
and substituting "~Ju". '-' 
(8) Section 90(3)(b) is amended, in the Chinese text, by repealing "R!Jl" 
and substituting "1f 7.K". 
(9) Section 90( 4) is amended, in the Chinese text, by repealing "R~" and 
substituting "W7.K". 
(10) Section 90(4)(a) is amended, in the Chinese text, by repealing "R!Jl" 
where it twice appears and substituting "W7.K". 
(11) Section 90(4)(b) is amended, in the Chinese text, by repealing "IUI" 
where it twice appears and substituting "W7.K". 
(12) Section 90(4)(c) is amended, in the Chinese text, by repealing "ffl!lJ=t" 
and substituting "WJ.K". 
(13) Section 90(4)(d) is amended, in the Chinese text, by repealing "fflfJl" 
where it twice appears and substituting "1f7.K". 
(14) Section 90(5) is amended, in the Chinese text, by repealing "fflHI" and 
substituting "W 7.K ". 
24. Exceptions to right 
(l) Section 91(4) is amended by adding­
"(ca) section 54B (Legislative Council);". 
(2) Section 91(4)(d) is amended by repealing "Legislative Council and". 
25. Right to object to derogatory 
treatment of work 
Section 92(4)(a) is amended, in the Chinese text, by repealing "£Ji:" and 
substituting "~1U" 
26. Infringement of right by possessing 
or dealing with infringing article 
(1) Section 95(l)(a) is amended by repealing "for the purpose of, in the 
course of, or in connection with, any trade or business" and substituting "for 
the purpose of or in the course of any trade or business". · 
(2) Section 95(1 )( c) is amended by repealing "for the purpose of, in the 
course of, or in connection with, any trade or business" and substituting "for 
the purpose of or in the course of any trade or business". 
(3) Section 95(l)(c) is amended, in the Chinese text, by repealing "~Jt" 
and substituting "~1U". IP/N/l/HKG/C/1/ Add.8 
Page 28 
(4) Section 95(l)(d) is amended by repealing "otherwise than for the 
purpose of, in the course of, or in connection with, any trade or business" and 
substituting "otherwise· than for the purpose of or in the course of any trade or 
business". 
27. False attribution of work 
(1) Section 96(2)(b) is amended, in the Chinese text, by repealing "£Jf" 
and substituting "~~"Ll''. 
(2) Section 96(5) is amended by repealing "for the purpose of, in the 
course of, or in connection with, any trade or business" and substituting "for 
the purpose of or in the course of any trade or business". 
(3) Section 96(6) is amended by repealing "for the purpose of, in the 
course of, or in connection with, any trade or business" and substituting "for 
the purpose, of or in the course of any trade or business". 
( 4) Section 96(7) is amended, in the Chinese text, by repealing "~Jt" and 
substituting "~1U". 
28. Application of provisions to joint works 
(1) Section 99(1) is amended, in the Chinese text, by repealing "I£~" and 
substituting "W7F". 
(2) Section 99(2) is amended, in the Chinese text, by repealing "~pt" and 
substituting "R~". 
29. Transmission of moral rights on death 
(1) Section 106(3)(a) is amended, in the Chinese text, by repealing "R~" 
and substituting "W 7F ". 
(2) Section I 06(3)(b) is amended, in the Chinese text, by repealing -"~~,, 
and substituting "R~". 
30. Order for delivery up 
Section 109(l)(a) is amended by repealing "for the purpose of, in the 
course of, or in connection with, any trade or business" and substituting "for 
the purpose of or in the course of any trade or business". IP/N/1/HKG/C/l/Add.8 
Page 29 
31. Criminal liability for making or 
dealing with infringing 
articles, etc. 
(1) Section 118 is amended, in the heading, by repealing "Criminal 
liability for" and substituting "Offences in relation to". 
(2) Section 118(1) is repealed and the following substituted-
"(l) A person commits an offence if he, without the licence of the 
copyright owner of a copyright work-
( a) makes for sale or hire an infringing copy of the work; 
(b) imports an infringing copy of the work into Hong Kong 
otherwise than for his private and domestic use; 
(c) exports an infringing copy of the work from Hong Kong 
otherwise than for his private and domestic use; 
(d) sells, lets for hire, or offers or exposes for sale or hire an 
infringing copy of the work for the purpose of or in the 
course of any trade or business; 
( e) exhibits in public or distributes an infringing copy of the 
work for the purpose of or in the course of any trade or 
business which consists of dealing in infringing copies of 
copyright works; 
(j) possesses an infringing copy of the work with a view to­
(i) its being sold or let for hire by any person for the 
purpose of or in the course of any trade or business; or 
(ii) its being exhibited in public or distributed by any 
person for the purpose of or in the course of any trade 
or business which consists of dealing in infringing 
copies of copyright works; or 
(g) distributes an infringing copy of the work ( otherwise than 
for the purpose of or in the course of any trade or business 
which consists of dealing in infringing copies of copyright 
works) to· such an extent as to affect prejudicially the 
copyright owner.". 
(3) Section 118 is amended by adding­
"(lA) Where-
( a) a person exhibits in public or distributes an infringing copy 
of a copyright work for the purpose of or in the course of 
any trade or business; and 
(b) the circumstances in which the infringing copy is so 
exhibited or distributed give rise to a reasonable suspicion 
that the trade or business consists of dealing in infringing 
copies of copyright works, IP /N/1/HKG/C/1/ Add. 8. 
Page 30 
then, unless there is evidence to the contrary, the trade or business is 
presumed, for the purposes of any proceedings instituted under subsection 
(.l)(e), to be a trade or business which consists of dealing in infringing 
copies of copyright works. 
(lB) Where-
(a) a person possesses an infringing copy of a copyright work 
with a view to its being exhibited in public or distributed by 
any person for the purpose of or in the course of any trade 
or business; and 
(b) the circumstances in which the infringing copy is so 
possessed give rise to a reasonable suspicion that the trade 
or business consists of dealing in infringing copies of 
copyright works, 
then, unless there is evidence to the contrary, the trade or business is 
presumed, for the purposes of any proceedings instituted under subsection 
(1 )(f)(ii), to be a trade or business which consists of dealing in infringing 
copies of copyright works.". 
( 4) Section 118 is amended by adding-
"(2A) A person commits an offence if he, without the licence of the 
copyright owner of a copyright work to which this subsection applies, 
possesses an infringing g_gpy of the work for the purpose of or in the 
course of any trade or business with a view to its being used by any person 
for the purpose of or in the course of that trade or business. 
(2B) Subsection (2A) applies to a copyright work that is­
(a) a computer program; 
(b) a mov1e; 
(c) a television drama; 
(d) a musical sound recording; or 
(e) a musical visual recording. 
(2C) Subsection (2A) does not apply to an infringing copy of a 
computer program in a printed form. 
(2D) Subsection (2A) does not apply to the possession of an 
infringing copy of a computer program if-
(a) the computer program incorporates the whole or any part 
of a work that is not a computer program itself, and the 
computer program 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; or 
(b) the computer program is incorporated in a work that is not 
a computer program itself, and the computer program 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. IP /N/l/HKG/C/1/ Add.8 
Page 31 
(2E) Subsection (2A) does not apply to the possession of an 
infringing copy of a movie, television drama, musical sound recording or 
musical visual recording QY the Hong Kong Film Archive for the purpose 
of heritage conservation if-
( a) the infringing copy was donated or given to the Hong Kong 
Film Archive by the public; or 
(b) the infringing copy was made· by the Hong Kong Film 
Archive to preserve or replace the infringing copy referred 
to in paragraph (a) against loss, deterioration or damage. 
(2F) Subsection (2A) does not apply to the possession of an 
infringing copy of a movie, television drama, musical sound recording or 
musical visual recording by the Hong Kong Film Archive for the purpose 
of doing any act in relation to the infringing copy ( other than for the 
purpose referred to in subsection (2E)) if-
(a) the infringing copy was-
(i) an infringing copy donated or given to the Hong Kong 
Film Archive by the public; or 
(ii) an infringing copy made by th~ Hong Kong Film 
Archive to preserve or replace the infringing copy 
referred to in subparagraph (i) against loss, 
deterioration or damage; 
(b) it is not possible by reasonable enquiry to ascertain the 
identity and contact details of the copyright owner of the 
work in question; and 
(c) a copy (other than an infringing copy) of the work in 
question cannot be obtained on reasonable commercial 
terms. 
(2G) Subsection (2A) does not apply if-
(a) the person who possesses an infringing copy does so for the 
purpose of providing legal service in relation to the 
infringing copy, and-
(i) the person is enrolled on the roll of solicitors or the 
roll of barristers kept under the Legal Practitioners 
Ordinance (Cap. 159); or 
(ii) the person has been admitted as a legal practitioner in 
a jurisdiction other than Hong Kong; 
(b) the person who possesses an infringing copy is serving a 
pupillage under the Barristers (Qualification for Admission 
and Pupillage) Rules (Cap. 159 sub. leg. AC) and he 
possesses the infringing copy for the purpose of as?isting the 
barrister with whom he serves the pupillage in providing 
legal service in relation to the infringing copy; IP/N/1/HKG/C/l/ Add.8 
Page 32 
( c) the person who possesses an infringing copy does so for the 
purpose of providing investigation service in relation to the 
infringing copy to the copyright owner or exclusive licensee 
of the copyright work concerned; or 
(d) the person who possesses an infringing copy does so on his 
client's premises and the infringing copy is provided to him 
by bis client.". 
( 5) Section 118 is amended by adding--
"(2H) Without prejudice to section 125, where a body corporate or a 
partnership has done an act referred to in subsection (2A), the following 
person shall, unless there is evidence showing that he did not authorize the 
act to be done, be presumed also to have done the act-
(a) in the case of the body corporate-
(i) any director of the body corporate who, at the time 
when the act was done, was responsible for the internal 
management of the body corporate; or 
(ii) if th~re was no such director, any person who, at the 
time when the act was done, was responsible under the 
immediate authority of the directors of the body 
corporate for the internal management of the body 
corporate; 
(b) in the case of the partnership-
(i) any partner in the partnership who, at the time when 
the act was done, was responsible for the internal 
management of the partnership; or 
(ii) if there was no such partner, any person who, at the 
time when the act was done, was responsible under the 
immediate authority of the partners in the partnership 
for the internal management of the partnership. 
(2I) A defendant charged with an offence under subsection (2A) by 
virtue of subsection (2H} is taken not to have done the act in question if­
( a) sufficient evidence is adduced to raise an issue. that he did 
not authorize the act to be done; and 
(b) the contrary is not proved by the prosecution beyond 
reasonable doubt. 
(2J) For the purposes of subsection (2I)(a)-
(a) the defendant shall be taken to have adduced sufficient 
evidence if the court is satisfied that-
(i) the defendant has caused the body corporate or 
partnership concerned to set aside financial resources, 
and has directed the use of the resources, -for the 
acquisition of a sufficient number of copies of the IP/N/1/HKG/C/l/Add.8 
Page 33 
copyright work to which the proceedings relate, which 
are not infringing copies, for the use of the body 
corporate or partnership; or 
(ii) the body corporate or partnership concerned has 
incurred expenditure for the acquisition of a sufficient 
number of copies of the copyright work to which the 
proceedings relate, which are not infringing copies, for 
the use of the body corporate or partnership; 
(b) subject to paragraph (a), in determining whether sufficient 
evidence is adduced, the court may have regard to, 
including but not limited to, the following-
(i) whether the defendant has introduced policies or 
practices against the use of infringing copies of 
copyright works by the body corporate or partnership; 
(ii) whether the defendant has taken action to prevent the 
use of infringing copies of copyright works by the body 
corporate or partnership.". 
(6) Section 118(3) is amended by adding "or (2A)" after "subsection (I)". 
(7) Section 118 is amended by adding-
"(3A) It is a defence for the person charged with an offence under 
subsection {2A) to prove that-
( a) he possessed the infringing copy in question in the course of 
his employment; and 
(b) the infringing copy in question was provided to him by or 
_ on behalf of his employer for use in the course of his 
employment. 
(3B) Subsection (3A) does not apply to an employee-
(a) who, at the time when the infringing copy in question was 
acquired, was in a position to make or influence a decision 
regarding the acquisition of the infringing copy; or 
(b) who, at the time when the offence in question was 
committed, was in a -position to make or influence a 
decision regarding the use or removal of the infringing copy 
in question.". 
(8) Section 118( 4) is amended by repealing "for the purpose of, in the 
course of, or in connection with, any trade or business" and substituting "for 
the purpose of or in the course of any trade or business". 
(9) Section 118( 5) is amended by repealing "for the purpose of, in the 
course of, or in connection with, any trade or business" and substituting "for 
the purpose of or in the course of any trade or business". IP /N/l/HKG/C/1/ Add.8 
Page 34 
(10) Section 118( 6) is amended by repealing "not being excluded under 
section 35( 4)" and substituting "not being excluded under section 35( 4) and 
which was lawfully made in the country, territory or area where it was made". 
(11) Section 118(8) is amended by repealing "for the purpose of, in the 
course of, or in connection with, any trade or business" and substituting "for 
the purpose of or in the course of any trade or business". 
(12) Section 118(8A) is repealed. 
(13) Section 118 is amended by adding-
"(10) In this section, "dealing in" (~~iij) means selling, letting for hire, 
or distributing for profit or reward.". 
32. Penalties for offences under 
section 118 
Section 119(1) is amended by adding "or (2A)" after "section 118(1)". 
33. Section a(Jded 
The fallowing is added-
"119B. Offence in relation to making for distribution 
or distributing on a regular or frequent basis 
infringing copies of copyright works in 
printed form contained in books, etc. 
(1) A person commits an offence if he does any of the fallowing acts 
on a regular or frequent basis for the purpose of or in the course of any 
trade or business- -
(a) without the licence of the copyright owner of a copyright 
work described in subsectiqn (2), makes an infringing copy 
of the work for distribution, resulting in a financial loss to 
the copyright owner; or 
(b) without the licence of the copyright owner of a copyright 
_ work described in subsection (2), distributes an infringing 
copy of the work, resulting in a financial loss to the 
copyright owner. 
(2) The copyright work referred to in subsection (l)(a) and (b) is a 
copyright work in a printed form that is contained in-· 
(a) a book; 
(b) a magazme; 
(c) a periodical; or 
( d) a newspaper. IP/N/1/HKG/C/l/ Add.8 
Page 35 
(3) Subsection (1) does not apply in circumstances where-
(a) the making or distribution of the infringing copies of one or 
more than one copyright work referred to in subsection (1) 
does not exceed the extent specified in the regulations made 
under subsection (19); or 
(b) the infringing copies of one or more than one copyright 
work referred to in subsection (1) are made or distributed in 
the manner specified in the regulations made under 
subsection (21). 
( 4) Subsection (1) does not apply to an educational establishment of 
any of the foil owing descriptions-
(a) an educational establishment specified in section 1 of 
Schedule I; 
(b) an educational establishment exempt from tax under section 
88 of the Inland Revenue Ordinance (Cap. 112); or 
( c) an educational establishment receiving direct recurrent 
subvention from the Government. 
( 5) Subsection (1) does not apply to the distribution through a wire 
or wireless network of an infringing copy to which access is not restricted 
by procedures of authentication or identification. 
(6) Subsection (1) does not apply if the infringing copy-
(a) forms part ofthe special collection of a library or archive 
owned by the Government, or a library or archive 
designated under subsection (lO)(a); and 
(b) is distributed_ solely-
(i) for on-the-spot reference use in, or during an activity 
organized by, a library or archive referred to in 
paragraph (a); or 
(ii) for loan to other libraries or archives for the purpose of 
exhibition or research. 
(7) · Subsection (1) does not apply to the making or distribution by a 
library or archive ref erred to in subsection ( 6)( a) of a single copy of any 
item farming the special collection for the purpose of preserving or 
replacing the item against loss, deterioration or damage, but the copy may 
only be distributed for the use referred to in subsection ( 6)(b ). 
(8) In subsections (6) and (7), "special collection" (t#15!Jr&•l:Th)-
(a) in the case of a library or archive owned by the 
Government, means a collection consisting primarily of 
works or articles, or copies of works or articles, donated or 
given by the public that are, in the opinion of the Director 
of Leisure and Cultural Services, of cultural, historical or 
heritage importance or value; IP/N/l/HKG/C/1/ Add.8 
Page 36 
(b) in the case of a library or archive designated under 
subsection (lO)(a), means a collection consisting primarily 
of works or articles, or copies of works or articles, donated 
or given by the public that are, in the opinion of the head or 
controlling body (by whatever name called)-of the library or 
archive, of cultural, historical or heritage importance or 
value. 
(9) For the purposes of the exception under subsections ( 6) and (7), 
an archive owned by the Government includes a museum owned by the 
Government. 
(10) The Secretary for Commerce and Economic Development may, 
having regard to the advice of the Director of Leisure and Cultural 
Services-
(a) by notice published in the Gazette designate for the 
purposes of subsection (6)(a) any library or archive that is 
exempt from tax under section 88 of the Inland Revenue 
Ordinance (Cap. 112); and 
(b) by regulations prescribe the conditions that a library or 
archive designated under paragraph (a) must comply in 
order to be eligible for the exemption provided by 
subsections (6) and (7). 
(11) \¥ithout prej"udic~ to section 125, where a body corporate or a 
partnership- has done ari-act referred to in subsection (1 ), the following 
person shall, unless there is evidence showing that he did not authorize the 
act to be done, be presumed also to have done the act-
(a) in the case of the body corporate-
(i) any director of the body corporate who, at the time 
when the act was done, was responsible for the internal 
management of the body corporate; or 
(ii) if there was no such director; any person who, at the 
time when the act was done, was responsible under the 
immediate authority of the directors of the body 
corporate for the internal management of the body 
corporate; 
(b) in the case of the partnership-
(i) any partner in the partnership who, at the time when 
the act was done, was responsible for the internal 
management of the partnership; or 
(ii) if there was no such partner, any person who, at the 
time when the act was done, was responsible under the 
immediate authority of the partners in the partnership 
for the internal management of the partnership. IP/N/1/HKG/C/l/ Add.8 
Page 37 
(12) A defendant charged with an offence under subsection (1) by 
virtue of subsection (11) is taken not to have done the act in question if­
(a) sufficient evidence is adduced to raise an issue that he did 
not authorize the act to be done; and 
(b) the contrary is not proved by the prosecution beyond 
reasonable doubt. 
(13) For the purposes of subsection (l2)(a)-
(a) the defendant shall be taken to have adduced sufficient 
evidence if the court is satisfied that-
(i) the defendant has caused the body corporate or 
partnership concerned to set aside financial resources, 
and has directed the use of the resources, for the 
acquisition of appropriate licences, in accordance with 
the needs of the body corporate or partnership, to 
make or distribute, or to make and distribute, copies of 
the copyright work to which the proceedings relate for 
the use of the body corporate or partnership; 
(ii) the defendant has caused the body corporate or 
partnership concerned to set aside financial resources, 
and has directed the use of the resources, for the 
acquisition of a sufficient number of copies of the 
copyright work to which the proceedings relate, which 
are not infringing copies, for the use of the body 
corporate or partnership; 
(iii) the body corporate or partnership concerned has 
incurred expenditure for the acquisition of appropriate 
licences, in accordance with the needs of the body 
corporate or partnership, to make or distribute, or to 
make and distribute, copies of the copyright work to 
which the proceedings relate for the use of the body 
corporate or partnership; or 
(iv) the body corporate or partnership concerned has 
incurred expenditure for· the acquisition of a sufficient 
number of copies of the copyright work to which the 
proceedings relate, ~hich are not infringing copies, for 
the use of the body corporate or partnership; 
(b) subject to paragraph (a), in determining whether sufficient 
evidence is adduced, the court may have regard to, 
including but not limited to, the following-
(i) whether the defendant has introduced policies or 
practices against the making and distribution of 
infringing copies of copyright works by the body 
corporate or partnership; IP/N/1/HKG/C/1/ Add.8 
Page 38 
(ii) whether the defendant has taken action to prevent the 
making or distribution of infringing copies of copyright 
works by the body corporate or partnership. 
(14) It is a defence for the person charged with an offence under 
subsection (1) to prove that-
(a) he has taken adequate and reasonable steps to obtain a 
licence from the copyright owner in question but failed to 
get a timely response from the copyright owner; 
(b) he has made reasonable efforts but failed to obtain 
commercially available copies of the copyright work in 
question and the copyright owner in question has refused to 
grant him a licence on reasonable commercial terms; 
(c) he did not know and had no reason to believe that the 
copies made or distributed are infringing copies; or 
( d) . he cannot, after making reasonable enquiries, ascertain the 
identity and contact details of the copyright owner in 
question. 
(15) It is a defence for the person charged with an offence in respect 
of an act under subsection (1) to prove that-
(a) he did the act in the course of his employment; and 
(b) he did the act in accordance with the instruction given to 
him by or Q_Il behalf of his employer in the course of his 
employment. 
(16) Subsection (15) does not apply to an employee who, at the time 
when the infringing copy in question was made or distributed, was in a 
position to make or influence a decision regarding the making or 
distribution of the infringi;ng copy. 
(17) A person who commits an offence under subsection (1) is liable 
on conviction on indictment to a fine at level 5 in respect of each 
infringing copy and to imprisonment for 4 years. 
(18) Sections 115 and 117 (presumptions as to various matters 
connected with copyright) do not apply to proceedings for an offence 
under subsection (1 ). 
(19) For the purposes of subsection (3)(a), the Secretary for 
Commerce and Economic Development may, in relation to one or more 
than one copyright work referred to in subsection (1 ), make regulatis>ns to 
prescribe that subsection (1) does not apply in circumstances where the 
making or distribution of the infringing copies of the copyright work or 
works does not exceed the extent specified in the regulations. 
(20) The Secretary for Commerce and Economic Development may, 
in the regulations made under subsection (19), specify the extent referred 
to in that subsection by reference to-IP/N/l/HKG/C/1/ Add.8 
Page 39 
(a) the number of infringing copies made or distributed; 
(b) the value of those infringing copies; and 
(c) any other factors that he may consider relevant, 
and provide for a method or methods for determining the number of 
those infringing copies, and a method or methods for determining the 
value of those infringing copies, having regard to the retail value of the 
related books, magazines, periodicals or newspaper, and any other factors 
that he may consider relevant. 
(21) For the purposes of subsection (3)(b), the Secretary for 
Commerce and Economic Development may, in relation to one or more 
than one copyright work referred to in subsection (1 ), make regulations to 
prescribe that subsection (1) does not apply in circumstances where the 
infringing copies of the copyright work or works are made or distributed 
in the manner specified in the regulations, after having regard to-
(a) the availability of any licensing scheme that covers the 
making or distribution of copies of the copyright work or 
works in the specified manner; and 
(b) any other factors that he may consider relevant.". 
34. Making infringing copies outside 
Hong Kong, etc. 
Section 120(2) is amended by repealing "for the purpose of, in the course 
of, or in connection with, any trade or business" and substituting "for the 
purpose of or in the course of any trade or business". 
35. Time limit for prosecutions 
Section 120A is amended by repealing everything after -"commission of the 
offence" and substituting a full stop. 
36. Affidavit evidence 
(1) Section 121(1) is amended by repealing "An affidavit which purports 
to have been made by or on behalf of the owner of a copyright work" and 
substituting "For the purpose of facilitating the proof of subsistence and 
ownership of copyright, and without prejudice to the operation of sections 11 
to 16 (authorship and ownership of copyright) and sections 17 to 21 (duration 
of copyright), an affidavit which purports to have been made by or on behalf 
of the copyright owner of a copyright work". 
(2) Section 121(1)(b) is repealed and the following substituted-IP/N/1/HKG/C/l/ Add.8 
Page 40 
"(b) the name of the author of the work; 
(ba) where the author of the work is an individual­
(i) the place of domicile of the author; 
(ii) the place of residence of the author; or 
(iii) the place where the author has a right of abode; 
(bb) where the author of the work is a body corporate­
(i) the place of incorporation of the author; or 
(ii) the principal place of business of the author;". 
(3) Section 12l(l)(c) is amended by repealing "owner of the work" and 
substituting "copyright owner". 
(4) Section 121(2) is amended by repealing "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 substituting "For the purpose of 
facilitating the proof of subsistence and ownership of copyright, and without 
prejudice to subsection (1) and the operation of sections 11 to 16 ( authorship 
arid ownership of copyright) and sections 17 to 21 (duration of copyright), an 
affidavit which purports to have been made by or on behalf of the copyright 
owner· of a copyright work". 
(5) Section 121(2)(a)(iii) is amended by repealing "owner of the work" 
and substituting "copyright owner". 
(6) Section 121 is amended by adding-
"(2A} For the purposes of facilitating the establishment of the matter 
referred to in ~ection 35(3)(b), an affidavit which purports to have been 
made by or on behalf of the copyright owner of a copyright work and 
which-
(a) states the name of the copyright owner; 
(b) states that a copy of the work exhibited to the affidavit is a 
true copy of the work; 
(c) states-
(i) that the copy of the work exhibited to the affidavit was 
made in a place outside Hong Kong by the copyright 
owner; or 
(ii) that the copy of the work exhibited to the affidavit was 
made in a place outside Hong Kong by a person who 
has the licence of the copyright. o_wner to make copies 
of the work in that place, but does not have the licence · 
of the copyright ovvner to make copies of the work in 
Hong Kong; and 
(d) states the name and address of the person (if any) referred 
to in paragraph (c)(ii), 
shall, subject to the conditions contained in subsection ( 4), be admitted 
without further proof in any proceedings under this Ordinance. IP /N/IIHKG/C/1/ Add. 8 
Page 41 
(2B) For the purposes of any proceedings instituted under section 
118(1), an affidavit which purports to have been made by or on behalf of 
the copyright owner of a copyright work and which-
(a) states the name of the copyright owner; and 
(b) states that the person named in the affidavit does not have 
the licence of the copyright owner to do an act referred to in 
section l 18(1)(a), (b), (c), (d), (e), (f) or (g) in respect of the 
work, 
shall, subject to the conditions contained in subsection ( 4), be admitted 
without further proof in those proceedings. 
(2C) For the purposes of any proceedings instituted under section 
118(2A), an affidavit which purports to have been made by or on behalf 
of the copyright owner of a copyright work and which-
( a) states the name of the copyright owner; and 
(b) states that the person named in the affidavit does not have 
the licence of the copyright owner to do an act ref erred to in 
section 118(2A) in respect of the work, 
shall, subject to the conditions contained in subsection ( 4), be admitted 
without further proof in those proceedings.". 
(7) Section 121 is amended by adding-
"(2:0) For the purposes of any proceedings instituted under section 
119B(l), an affidavit which purports to have been made by or on behalf of 
the copyright owner of a copyright work and which-
(a) states the name of the copyright owner; and 
(b) states that the person named in the affidavit does not have 
the licence of the copyright owner to do an act referred to in 
section 119B(l) in respect of the work, 
shall, subject to the conditions contained in subsection ( 4), b~ admitted · 
without further proof in those proceedings.". 
(8) Section 121(3) is amended by repealing "subsection (1) or (2)" and 
substituting "subsection (1), (2), (2A), (2B), (2C) or (2D)". 
(9) Section 121 ( 4) is amended by repealing "subsection (1) or (2)" and 
substituting "subsection (1), (2), (2A), (2B),. (2C) or (2D)". 
(10) Section· 121(7) is amended by repealing "subsection (1) or (2)" and 
substituting "subsection (1 ), (2), (2A), (2B), (2C) or (2D )". 
(11) Section 121 (8)(b) is repealed and the fallowing substituted-
"(b) the court may of its own motion or, if the defendant who has served 
a notice under subsection ( 5) in relation to an affidavit satisfies the 
court-
(i) that the ownership or subsistence of the copyright in a work is, 
insofar as that matter is stated in the affidavit, genuinely in issue; IP/N/1/HK.G/C/1/ Add.8 
Page 42 
(ii) that whether a person has the licence of the copyright owner of 
a copyright work to do a particular act is, insofar as that matter 
is stated in the affidavit, genuinely in issue; or 
(iii) where the affidavit is made under subsection (2A), that any 
matter stated in the affidavit, other than those referred to in 
subparagraphs (i) and (ii), is genuinely in issue, 
either before or during the hearing, require the deponent to the 
affidavit to attend before the court and give evidence.". 
(12) Section 121(13)(a) is amended by repeaiing "subsection (1) or (2)" 
and substituting "subsection (1), (2), (2A), (2B), (2C) or (2D)". 
37. Seized articles, etc. liable to forfeiture 
(1). Section 131(1) is amended by adding", 119B" after "119A". 
(2) Section 131(7) is amended by adding", 119B" after "119A". 
38. Disposal of articles, etc. where a 
person is charged 
-section 132 is amended by adding", I19B" after "119A". 
39. Petermination of application for 
forfeiture 
(1) Section 133(5) is amended by adding", 119B" after "119A". 
(2) Section 133(6) is amended by adding ", 119B" after "119A". 
40. Licensing schemes to which sections 
155 to 160 apply 
Section 154(b) is amended by repealing "a computer program or sound 
recording" and substituting "a work referred to in section 25(l)(a), (b), (c), (d), 
(e) or(/)". 
41. Licences to which sections 162 to 166 apply 
Section 161(b) is amended by repealing "a computer program or sound 
recording" and substituting "a work referred to in section 25(1)(a), (b), (c), (d), 
(e) or (/)". 42. Constitution for purposes of proceedings 
(1) Section 1 72 is amended by adding-IP /N/1/HKG/C/1/ Add.8 
Page 43 
"(lA) Notwithstanding subsection (1), any proceedings specified for 
the purposes of this subsection in rules made under section 17 4 (general 
procedures rules) may be heard and determined by any of the following 
persons sitting alone-
( a) the Chairman of the Tribunal; 
(b) the Deputy Chairman of the Tribunal; or 
(c) a suitably qualified ordinary member of the Tribunal 
appointed by the Chairman of the Tribunal.". 
(2) Section 172(5) is amended by repealing "subsection (4)(b)" and 
substituting "subsection (IA) or ( 4)(b )". 
43. Groundless threat of proceedings in 
relation to parallel import 
(1) Section 187 is amended, in the heading, by repealing "parallel import" 
and substituting " "parallel-imported" copies of works". 
(2) Section 187(1) is amended by adding "and which was lawfully made 
in the country, territory or area where it was made" after "section 35(3)". 
44. Folklore, etc.: anonymous unpublished works 
Section 189 is amended, in the heading, in· the Chinese text, by repealing 
"E~lai~~" and substituting "E~lsi.>l:~i!ffi". 
45. Meaning of "publication" and "commercial 
publication" 
Section 196(4)(b)(i) is amended, in the Chinese text, by repealing "HIJl" 
and substituting "~,u" 
46. Requirement of signature: application in 
relation to body corporate 
(1) Section 197(1) is amended, in the Chinese text, by repealing "~Jt" 
and substituting "~1tl". 
(2) Section 197(1) is amended, in the Chinese text, by repealing "a~" 
and substituting "W 7.K". 
(3) Section 197(2) is amended, in the Chinese text, by repealing "aIJi" 
and substituting "W 7.K". IP /N/1/HKG/C/l/ Add.8 
Page 44 
47. Minor definitions 
(1) Section 198(1) is amended by repealing the definition of "business" 
and substituting-
" "business" (*ri) includes-
( a) a trade or profession; and 
(b) business conducted otherwise than for profit;". 
(2) Section 198(1) is amended by repe'aling the definition of "rental 
right" and substituting-
" "rental right" (~itffi) means the right of a copyright owner to authorize 
or prohibit the rental of copies of any of the following works­
(a) a computer program; 
(b) a sound recording; 
(c) a film; 
(d) a literary, dramatic or musical work included in a sound 
recording; 
( e) a literary or artistic work included in a comic book; or 
(f) the typographical arrangement of a published edition of a 
comic book;". 
(3) Section 198(1) is amended by adding-
'"'specified course of study~'_(m~wUi) means a course of study of any of 
the foil owing descriptions-
(a) a course of study which is provided for the delivery of a 
curriculum (however described) developed on the basis of 
curriculum guidelines issued or endorsed by a body or 
authority specified in Schedule IA; or 
(b) a course of study which consists of an-assessment of a 
pupil's competence in the area covered by the course, and 
leads to the award of a qualification;". 
(4) Section 198(2) is amended by repealing", 118(8A)". 
(5) Section 198(3) is repealed and the following substituted- _ 
"(3) In this Part, "lawfully made" (~;1!~~11=), in relation to a copy of 
a work made in a country, territory or area-
(a) means that the copy was made by-
(i) a person who is entitled to the copyright in the work in 
the country, territory or area, as the case may be; or 
(ii) a person who is licensed by the person referred to in 
subparagraph (i) to make the copy in the country, 
territory or area, as the case may be; but 
(b) does not include a copy that was made in a country, 
territory or area where there is no law protecting copyright 
in the work or where the ~opyright in the work has expired.". (6) Section 198 is amended by adding-IP/N/l/HKG/C/1/ Add.8 
Page 45 
"( 4) The Secretary for Commerce and Economic Development may, 
by notice published in the Gazette, amend Schedule IA.". 
48. Index of defined expressions 
Section 199 is amended, in the Table, by adding-
"specified course of study section 198(1)". 
49. Rights conferred on performers and 
persons having fixation rights 
(1) Section 200(l)(a) is amended by repealing "207" and substituting 
"207A". 
(2) Section 200(2) is amended, in the definition of "performance", by 
adding-
"(ca) a performance of an artistic work; 
( cb) an expression off olklore; or". 
50. Infringement of performer's rights by 
importing, exporting, possessing or 
dealing with infringing fixation 
Section 207(1)(b) is amended by repealing "for the purpose of, in the 
course of, or in connection with, any trade or business" and substituting "for 
the purpose of or in the course of any trade or business". 
51. Section added 
The following is added immediately after section 207-
"207 A. Infringement of performers' rights 
by renting copies to the public 
without consent 
(1) A performer's rights are infringed by a person who, without the 
performer's consent, rents to the public copies of a sound recording in 
which the whole or any substantial part of a qualifying performance is 
fixed. 
(2) . In this Part, "rent" (fflJl), in relation to a sound recording-IP/N/l/HKG/C/1/ Add.8 
Page 46 
(a) subject to paragraph (b), means making a copy of the sound 
recording available for use, on terms that it will or may be 
returned, for direct or indirect economic or commercial 
advantage; 
(b) does not include-· 
(i) making a copy of the sound recording available for the 
purpose of public performance, playing or showing in 
public, broadcasting or inclusion in a cable programme 
service; 
(ii) making a copy of the sound recording available for the 
purpose of exhibition in public; or 
(iii) making a copy of the so·und recording available for on­
the-spot reference use. 
(3) A reference in this Part to the renting of copies of a sound 
recording includes the renting of the original. 
( 4) The right of a performer under this section to rent copies of a 
sound recording to the public is referred to in this Part as "rental right".". 
52. Infringement of fixation rights by importing, 
exporting, possessing or dealing 
with infringing fixation 
Section 2ll(l)(b) is amended by repealing "for the purpose of, in the 
course of, or in connection with, any trade or business" and substituting "for 
the purpose of or in the course of any trade or business". 
53. Section added 
The following is added immediately after section 213-
"213A. Power of Tribunal to give consent on 
behalf of owners of performers' 
rental right in certain cases 
(1) The Copyright Tribunal may, on the application of a person 
wishing to rent a copy of a sound recording in which a performance is 
fixed, give consent in a case where that person cannot, after making 
reasonable enquiries, ascertain the identity or whereabouts of the person 
entitled to the rental right. 
(2) Consent given by the Tribunal has effect as consent of the 
person entitled to the rental right for the purposes of the provision of this 
Part relating to performers' rental right and may be given subject to any 
conditions specified in the Tribunal's order. IP/N/1/HKG/C/1/ Add.8 
Page 47 
(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) Where the Tribunal gives consent under this section, it shall, in 
default of ~greement between the applicant and the person entitled to the 
rental right, make such order as it thinks fit as to the payment to be made 
to that person in consideration of consent being given.". 
54. Performers' economic rights 
Section 215(1) is repealed and the following substituted-
"(l) The fallowing rights conferred by this Part on a performer are 
property rights ("a performer's economic rights")­
(a) the right of reproduction (section 203); 
(b) the right of distribution (section 204); 
(c) the right of making available to the public (section 205); 
(d) the rental right (section 207 A).". · 
55. Order for delivery up 
Section 228(1) is amended by repealing "for the purpose of, in the course 
of, or in connection with, any trade or business" and substituting "for the 
purpose of or in the course of any trade or business". 
56. Meaning of "infringing fixation" 
(1) Section 229(4) is amended by repealing "A fixation" and substituting 
"Except as provided in section 229 A, a fixation". 
(2) Section 229(7) is repealed and the fallowing substituted-
"(7) In this Part, "infringing fixation" (~aetifVst~~&b) includes a 
fixation which is to be treated as an infringing fixation by virtue of any of 
the following provisions-
(a) section 229A(5) (imported fixation not an "infringing 
fixation" for purposes of section 229( 4)); 
(b} section 242A(3) (fixations made for purposes of giving or 
receiving instruction); 
( c) section 243(3) (fixations made for purposes of instruction or 
examination); 
(d) section 245(3) (fixations made by educational 
establishments for educational purposes); IP /N/1/HKG/C/l/ Add.8 
Page 48 
( e) section 246A(3) (fixations made for purposes of public 
administration); 
(j) section 251(2) (fixations of performance in electronic form 
retained on transfer of principal fixation); or 
(g) section 256(3) (fixations made for purposes of broadcast or 
cable programme).". 
(3) Section 229(8) is repealed and the following substituted-
"(8) In subsection (5)(a), "lawfully made" (i:fr!:!:tg~ft), in ~elation to 
a fixation of a performance made in a country, territory or area-
(a) means that the fixation was made by-
(i). . .the performer; 
(ii) a person having fixation rights in relation to the 
performance in the country, territory or area, as the 
case may be; or 
(iii) a person having the consent of the performer or the 
person referred to in subparagraph (ii) to make the 
fixation in the country, territory or area, as the case 
may be; but 
(b) does not include a fixation that was made 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.". 
57. Section added 
The following is added immediately after section 229-
"229 A. Imported fixation not .an "infringing 
fixation" for the purposes of 
section. 229( 4) 
(1) A fixation of a performance to which this subsection applies 1s 
not-· 
(a) in relation to the person who imports it into Hong Kong, an 
infringing fixation for the purposes of section 229(4) if­
(i) it was lawfully made in the country, territory or area 
where it was made; and 
(ii) it is not imported with a view to its being dealt in by 
any person for the purpose of or in the course of any 
trade or business; or IP/N/1/HKG/C/l/ Add.8 
Page 49 
(b) in relation to the person who possesses it, an infringing 
fixation for the purposes of section 229(4) if-
(i) it was lawfully made in the country, territory or area 
where it was made; and 
(ii) it is not possessed with a view to its being dealt in by 
any person for the purpose of or in the course of any 
trade or business. · 
(2) Subsection (1) applies to a fixation of any performance except a 
fixation of a performance-
(a) that is-
(i) a musical sound recording; 
(ii) a musical visual recording; 
(iii) a television drama; or 
(iv) a movie; and 
(b) that is, or is intended to be, played or shown.in public. 
(3) Notwithstanding the exception in subsection (2), subsection (1) 
applies to a fixation of a performance that is referred to in subsection 
(2)(a) and that is, or is intended to be, played or shown in public-
(a) by an educational establishment for the educational 
purposes of the establishment; or 
(b) by a specified library for use of the library. 
{4) For the purposes of subsection (3)(b ), a library is regarded as a 
specified library if it falls within the description of any library specified· 
under section 46( 1 )( b) .. 
(5) Where a fixation of a performance which is not an infringing 
fixation by virtue of subsection (1) is subsequently dealt in for the purpose 
of or in the course of any trade or business, it is to be treated, in relation 
to that dealing and the person who deals in it, as an infringing fixation. 
(6) In this section, "lawfully made" (ir~im~{t), in relation to a· 
fixation of a perf omiance made in a country, territory or area-
(a) means that the fixation was made by-. 
(i) the perf armer; 
(ii) a person having fixation rights in relation to the 
performance in the country, territory or area, as the 
case may be; or 
(iii) a person having the consent of the perf armer or the 
person referred to in subparagraph (ii) to make the 
fixation in the country, territory or area, as the case 
may be; but 
(b) does not include a fixation that was made in a country, 
territory or area where there is no law protecting rights in 
performances in the performance or where the rights 1n 
performances in the performance has expired. IP/N/l/HKG/C/1/ Add.8 
Page 50 
(7) Subject to subsection ( 6), expressions used in this section have 
the same meaning as in section 35B.". 
58. Jurisdiction- of Copyright Tribunal 
Section 233(1) is amended by adding-
"(aa) section 213A (application to give consent on behalf of owners of 
performers' ren_tal right);". 
59. Expressions having same meaning as in 
copyright provisions 
(1) Section 238(1) is amended by adding­
"artistic work;". 
(2) Section 238(1) is amended, in the Chinese text, by repealing­
"aiff tl)\.~ ; lk 
~~ 0" 
and substituting­
"aiff tlA~ ; 
~~ ;Jk". 
60. Index of defined expressions 
(1) Section 239 is amended, in the Table, by adding- · 
"artistic work section 238(1) (and section 5)". 
(2) Section 239 is amended, in the Table, by adding-
"rental right section 207 A( 4)". 
61. Section added 
The following is added-
"242A. Fair dealing for purposes of 
givin·g or receiving 
instruction 
(1) Fair dealing with a performance or fixation by or on behalf of a 
teacher or by a pupil for the purposes of giving or receiving instruction in 
a specified course of study provided by an educational establishment does 
not infringe any of the rights conferred by this Part. · IP/N/1/HKG/C/1/ Add.8 
Page 51 
(2) In determining whether any dealing with a performance or 
fixation is fair dealing under subsection (1 ), the court shall take into 
account all the circumstances of the case and, in particular-
( a) the purpose and nature of the dealing, including whether 
the dealing is for a non-profit-making purpose and whether 
the dealing is of a commercial nature; 
(b) the nature of the performance or fixation; 
( c) the amount and substantiality of the portion dealt with in 
relation to the performance or fixation as a whole; and 
(d) the effect of the dealing on the potential market for or value 
of the performance or fixation. 
(3) Where a fixation which apart from this section would be an 
infringing fixation is made in accordance with this section but 1s 
subsequently dealt with, it is to be treated as an infringing fixation-
(a) for the purpose of that dealing; and 
(b) if that dealing infringes any of the rights conferred by this 
Part, for all subsequent purposes. 
(4) Where any dealing with a fixation involves the making available 
of copies of the fixation through a wire or wireless network wholly or 
partly controlled by an educational establishment-
( a) if the educational establishment fails to-
(i) adopflechnological measures to restrict access to the 
copies of the fixation through the network so that the 
copies of the fixation are made available only to 
persons who need to use the copies of the fixation for 
the purposes of giving or receiving instruction in the 
specified course of study in question or for the 
purposes of maintaining or managing the network; or 
(ii) ensure that the copies of the fixation are not stored in 
the network for a period longer than is necessary for 
the purposes of giving or. receiving instruction in the 
specified course of study in question or, in any event, 
for a period longer than 12 consecutive months, 
the dealing is not fair dealing under subsection (1 ); and 
(b) if the educational establishment-
(i) adopts technological measures to restrict access to the 
copies of the fixation through the network so that the 
copies of the fixation are made available only to 
persons who need to use the copies of the fixation for 
the purposes of giving or receiving instruction in the 
specified course of study in question or for the 
purposes of maintaining or managing the network; and IP/N/1/HKG/C/l/ Add.8 
Page 52 
(ii) ensures that the copies of the fixation are not stored in 
the network for a period longer than is necessary for 
the purposes of giving or receiving instruction in the 
specified course of study in question or, in any event, 
for a period longer than 12 consecutive months, 
subsection (2) applies in determining whether the dealing is 
fair dealing under subsection (1). 
(5) Expressions used in this section have the same meaning as in 
section 41A.". 
62. Playing or showing sound recording, film, 
broadcast or cable programme at 
educational establishment 
(1) Section 244(1) is amended by repealing "an audience consisting of 
teachers and pupils at the establishment and other persons" and substituting 
"an audience consisting wholly or mainly of teachers and pupils at the 
establishment, parents or guardians of pupils at the establishment, and other 
persons". 
(2) Section 244(2) is repealed. 
63. Sections added 
The following are added-
"246A. Fair dealing for purposes of 
public administration 
(1) Fair dealing with a performance or fixation by the Government, 
the Executive Council, the Judiciary or any District Council for the 
purposes of efficient administration of urgent business does not infringe 
any of the rights conferred by this Part. 
(2) In determining whether any dealing with a performance or 
fixation is fair dealing under subsection (1 ), the court shall take into 
account all the circumstances of the case and, in particular-
(a) the purpose and nature of the dealing, including whether 
the dealing is for a non-profit-making purpose and whether 
the dealing is of a commercial nature; 
(b) the nature of the perf onnance or fixation; 
(c) the amount and substantiality of the portion dealt with in 
relation to the performance or fixation as a whole; and 
(d) the effect of the dealing on the potential market for or value 
of the performance or fixation. IP/N/l/HKG/C/1/ Add.8 
Page 53 
(3) Where a fixation which apart from this section would be an 
infringing fixation is made in accordance with this section but is 
subsequently dealt with, it is to be treated as an infringing fixation-
( a) for the purpose of that dealing; and 
(b) if that dealing infringes any of the rights conferred by this 
Part, for all subsequent purposes. 
( 4) Expressions used in this section have the same meaning as in 
section 54A. 
246B. Legislative Council 
(1) The rights conferred by this Part are not infringed by-
(a) anything done for the purposes of the proceedings of the 
Legislative Council or for the purposes of reporting such 
proceedings; or 
(b) anything done by or on behalf of-
(i) the members of the Legislative Council; or 
(ii) The Legislative Council Commission, 
for the purposes of the exercise and discharge by the 
Legislative Council of its powers and functions. 
(2) Expressions used in this section have the same meaning as in 
section 54B.". 
64. Legislative Council and judici~I 
proceedings 
(1) Section 247 is amended by repealing the heading and substituting 
"Judicial proceedings". 
(2) Section 247(1) is amended by repealing "the proceedings of the 
Legislative Council or". 
65. · Section added 
The following is added-
"258A. Playing of sound broadcasts 
inside vehicles 
(1) The playing of a sound broadcast inside a vehicle primarily for 
the purpose of affording the driver of the vehicle access to public 
information (including but not limited to news reports, weather forecasts 
and information relating to road traffic) does not infringe any of the 
rights conferred by this Part. IP /N/1/HKG/C/l/ Add.8 
Page 54 
(2) Expressions used in this section have the same meaning as in 
section 81A.". 
66. Part IlIA added 
The foil owing is added after Part III-
"PART IHA 
PERFORMERS' MORAL RIGHTS 
Introductory 
272A. Moral rights conferred on certain 
performers 
(1) This part confers the following moral rights on a performer of a 
live aural performance or a performer whose performance is fixed in a 
sound recording-
( a) the right to be identified as a performer (section 272B); and 
(b) the right not to have his performance subjected to 
derogatory treatment (section 272F). 
(2) The moral rights are conferred on the perf armer only if the 
performance is a qualifying performance. 
(3) The moral rights conferred on the performer are in addition to 
any other rights in relation to the performance that the perf armer or any 
other person may have under this Ordinance. 
(4) In this Part-
"aural performance" (~~*iJ[)-
(a) means a performance which may be perceived by the human 
ear; or 
(b) where part of a performance may be perceived by the 
human ear, means that part of the performance, -
and includes a musical performance, a spoken performance and a 
performance in any intermediate forms between singing and 
speaking; 
"make available to the public live"· (&P:f=w(ci]0xr-~1*), in relation to a 
performance, means to make 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; IP/N/1/HKG/C/l/ Add.8 
Page 55 
''perf ormership" oi tfj) means part1c1pation Ill a performance, as the 
perf armer or one of the perf armers; 
"sound recording" (~ific~)-
(a) subject to paragraph (b), has the same meaning as in Part II 
(copyright); . 
(b) does not include a film sound-track which accompanies a 
film within the meaning of Part II. 
(5) The following expressions have the same meaning in this Part as 
in Part II (copyright)­
broadcast; 
business; 
cable programme; 
cable programme service; and 
published. 
(6) The foil owing expressions have the same meaning in this Part as 
in Part III (rights in performances)­
fixation; 
performance; 
performer; and 
qualifying performance. 
(7) For the purposes of this Part, if a performance of a musical work 
is conducted by a conductor, the sounds of t~e performance are treated as 
having been made by the conductor and the person who actually made 
those sounds, and a reference to a performer includes a reference to the 
conductor. 
(8) Section 204(2), (3) and ( 4) applies, with the necessary 
modifications, to references in this Part to the issue to the public of copies 
of a sound recording, as it applies to references in Part III to the issue to 
the public of copies of a fixation. 
(9) Section 205(2), (3) and (4) applies, with. the necessary 
modifications, to references in this Part to the making available to the 
public of copies of a sound recording, as it applies to references in Part III 
to the making available to the public of copies of a fixation. 
Right to be identified as performer 
272B. Right to be identified as performer 
(1) A performer of a live aural performance or a performer whose 
performance is fixed in a sound recording has the right to be identified as 
a performer in the performance whenever-IP/N/1/HKG/C/1/ Add.8 
Page 56 
(a) the performance is staged in public, made available to the 
public live, broadcast live or included live in a cable 
programme service; or 
(b) copies of the sound recording in which the performance is 
fixed are issued or made available to the public, broadcast 
or included in a cable programme service. 
(2) The right of the performer under this section is, in the case of the 
issue or making available to the public of copies of a sound r~cording in 
which the performance is fixed, the right 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. 
(3) The right of the performer under this section is, in any case other 
than the case referred to in subsection (2), the right to be identified in a 
manner likely to bring his identity to the notice of a person hearing the 
performance, broadcast or cable programme in question. 
( 4) The rights of the performer referred to in subsections (2) and (3) 
include the right to be identified in a clear and reasonably prominent or 
audible manner. 
(5) If the performer 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. 
(6) If a performance is presented by performers who use a group 
name, identification by· using the group name is sufficient identification of 
the performers in the group. 
272C. Requirement that right under 
section 272B be asserted 
(1)" A person does not infringe the right conferred by section 272B 
(right to be identified as performer) by doing any of the acts referred to in 
that section unless the right has been asserted in accordance with the 
fallowing provisions so as to bind rum 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 a performer's economic rights 
conferred by Part III in a live aural performance that has 
taken place or is to take place or in a performance that has 
been fixed or is to be fixed in a sound recording, by 
including in the instrument effecting the assignnient a 
statement that the performer asserts in relation to that 
performance or that performance fixed in the sound 
recording his right to be identified; or IP /N/1/HKG/C/l/ Add.8 
Page 57 
(b) by instrument in writing signed by the performer. 
(3) The persons bound by an assertion of the right under subsection 
(2) are-
(a) in the case of an assertion under subsection (2)(a), the 
assignee and anyone claiming through him, whether 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. 
( 4) In an action for infringement of the right the court shall, in 
considering remedies, take into account any delay in asserting the right. 
272D .. Exceptions to· right under 
section 272B 
(1) The right conferred by section 272B (right to. be identified as 
performer) does not apply where it is not reasonably practicable· to 
identify the performer. 
. (2) The right does not apply in relation to a performance given for 
the purposes of reporting current events. 
(3) The right does not apply in relation to a performance given for 
the purposes of advertising any goods or services or making 
announcements of matters of public interest. 
( 4) The right is not infringed by an act which by virtue of any of the 
following provisions would not infringe any right conferred by Part III­
(a) section 241 (fair dealing for certain purposes), insofar as it 
relates to the reporting of current events by means of a 
sound recording, broadcast or cable programme; 
(b) section 242 (incidep.tal inclusion of performance or 
fixation); 
( c) section 243(2) ( examination questions); 
( d) section 246B (Legislative Council); 
(e) section 247 Gudicial proceedings); 
(/) section 248 (statutory inquiries). 
Right to object to derogatory treatment 
272E. Right to object to derogatory 
treatment 
(1) A performer of a live aural performance or a performer whose 
performance is fixed in a sound recording has the right not to have his 
performance subjected to derogatory treatment. IP/N/1/HKG/C/1/Add.8 
Page 58 
(2) The right is infringed by a person who does any of the following 
acts-
(a) in relation to a live aural performance, subjects the 
performance, or causes the performance to be subjected, 
to derogatory treatment when the performance is caused 
to be heard in public, broadcasted, included in a cable 
programme service or made available to the public live; 
(b) in relation to a performance fixed in a sound recording-
(i) causes to be heard in public, broadcasts or includes in 
a cable programme service the performance by means 
of the sound recording in a manner which subjects the 
performance to derogatory treatment;· or 
(ii) makes available to the public copies of the sound 
recording in a manner which subjects the performance 
to derogatory treatment; or 
(c) in relation to a performance which has been subjected to 
derogatory treatment and is fixed in a sound recording­
. (i) causes to be heard in public, broadcasts or includes in 
a cable programme service the sounding recording; or 
(ii) makes available to the public copies of the sound 
recording. 
(3) For the purposes of this section­
(a) "treatment" (~J:1)-
(i) in relation to a live aural performance, means any 
addition to, deletion from, alteration to or adaptation 
of the performance; or 
(ii) in relation to a performance fixed in a sound recording, 
means any addition to, deletion from, alteration to or 
adaptation of the sound recording; and 
(b) the treatment of a live aural performance or a performance 
fixed in a sound recording is derogatory if it amounts to 
distortion, mutilation or other modification that is 
prejudicial to the reputation of the performer. 
272F. Infringing of right under section 
272E by possessing or dealing 
with infringing articles 
(1) The right conferred by section 272E (right to object to 
derogatory treatment) is also infringed by a person who-· 
(a) possesses for the purpose of or in the course of any trade or 
business; or IP/N/1/HKG/C/l/ Add.8 
Page 59 
(b) sells or lets for hire, or offers or exposes for sale or hire, or 
distributes, 
an article which is, and which he knows or has reason to believe is, an 
infringing article. 
(2) In this section-
"infringing · article" (f~aE.ffilU~iTh) means a performance fixed in a sound 
recording which-
(a) has been subjected to derogatory treatment within the 
meaning of section 272E; and _ 
(b) has been or is likely to be the subject of any of the acts 
referred to in that section in circumstances infringing that 
right. 
272G. Exceptions to right under 
section 272E 
(1) The right conferred by section 272E (right to object to 
derogatory treatment) does not apply in relation to any performance 
given for the purposes of reporting current events. 
(2) The right is not infringed by modifications made to a 
performance which are consistent with normal editorial or production 
practice. 
(3) Subject to subsection ( 4), the right is not infringed by an act 
done for the purpose of-
(a) avoiding the commission of an offence; or 
(b) complying with a duty imposed by or under an enactment. 
( 4) Where a performer is identified at the time of the relevant act 
under subsection (3) or has previously been identified in or on published 
copies of sound recordings in which the relevant performance ·is fixed, 
subsection (3) has effect only if there is a sufficient disclaimer. 
(5) In subsection ( 4), "sufficient disclaimer" ()iJnJ B~IEP:Jf~im) means 
a clear and reasonably pron:rinent indication-
( a) given at the time of the relevant act under subsection (3); ~d . 
(b) if the performer is then identified, appearing along with the 
identification, 
that the live aural performance or the performance fixed in a sound 
recording has been subjected to treatment to which the performer has not 
consented .. IP/N/1/HKG/C/1/ Add.8 
Page 60 
272H. Duration of rights Supplementary 
The rights conferred by section 272B (right to be identified as 
performer) and section 272E (right to object to derogatory treatment) 
continue to subsist so long as the performer's rights conferred by Part III 
subsist in the sound recording in which the performance is fixed. 
2721. Consent and waiver of rights 
(1) It is not an infringement of any of the rights conferred by section 
272B (right to be identified as performer) and section 272E (right to object 
to derogatory treatment) to do any act to which the person entitled to the 
right has consented. 
(2) Any of the rights referred to in subsection (1) may be waived by 
instrument in writing signed by the person giving up the right. 
(3) A waiver may relate to a specific performance, to performances 
of a specified description or to performances generally, and may relate to 
existing or future performances. 
( 4) A waiver may be conditional or unconditional, and may be 
expressed to be subject to revocation. 
(5) If a waiver is made in favour of the owner or prospective owner 
of the right in the performance, it is presumed to extend to his licensees 
and successors in title unless a contrary intention is expressed. 
( 6) Nothing in this Part 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 
referred to in subsection (1). 
(7) · In this· section, "performance" (~~) means· a live aural 
performance or a performance fixed in a sound recording. 
272J. Application of provisions to joint 
performers 
(1) The right conferred by section 272B (right to be identified as 
performer) is, in the case of joint performership, a right of each joint 
performer to be identified as a joint performer and must be asserted in 
accordance with section .272C by each joint performer in relation to 
himself. IP/N/1/HKG/C/l/ Add.8 
Page 61 
(2) The right conferred by section 272E (right to object to 
derogatory treatment) is, in the case of joint performership, a right-of each 
joint performer and his right is satisfied if he consents to the treatment in 
question. 
(3) A waiver under section 272I of those rights by one joint 
performer does not affect the rights of the other joint performer or 
performers. 
( 4) If there are 2 or more performers in a live aural performance or 
a performance fixed in a sound recording, the performers may enter into 
a joint perf ormership agreement in writing by which each of them agrees 
not to exercise his right conferred by section 272E (right to object to 
derogatory treatment) in respect of the live aural performance or the 
performance fixed in a sound recording, as the case may be, except jointly 
with the other performer or perf armers. 
272K. Application of provisions to part of 
performance 
(I) The right conferred by section 272B (right to be identified as 
performer) applies in relation to the whole or any substantial part of a live 
aural performance or a performance fixed in a sound recording. 
(2) The right conferred by section 272E (right to object to 
derogatory treatment) applies in relation to the whole or any part of a live 
a~ral performance or a performance fixed_ in a sound recording. 
272L. Moral rights not assignable 
The rights conferred by section 272B (right to be identified as 
performer) and section 272E (right to object to derogatory treatment) are 
not assignable. 
272M. Transmission of moral rights on 
death 
(1) On the death of a person entitled to the right conferred by 
section 272B (right to be identified as performer) or section 272E (right to 
object to derogatory treatment)-
(a) the right passes to such person as he may by testamentary 
disposition specifically direct; 
(b) if there is no such direction but the performer's economic 
rights conferred by Part III in respect of the performance in 
question form part of his estate, the right passes to the 
person to whom the economic rights pass; and IP/N/1/HKG/C/l/ Add.8 
Page 62 
( c) if or to the extent that the right does not pass under 
paragraph (a) or (b ), the right is exercisable by his personal 
representatives. 
(2) Where a performer's economic rights conferred by Part III and 
forming part of his estate pass 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 owner has the 
exclusive right to do or consent; or 
(b) to part, but not the whole, of the period for which the rights 
subsist, 
any right which passes with the performer's economic rights by virtue of 
subsection (l)(b) is correspondingly divided. 
(3) Where by virtue of subsection (l)(a) or (b) a right becomes 
exercisable by more than one person, the following provisions have effect 
with respect to the right-
( a) it may, in the case; of the right conferred by section 272B 
(right to be identified as performer), be asserted by any of 
them; 
(b) it is, in the case of the right conferred by section 272E (right 
to object to derogatory treatment), a right exercisable by 
each of them and is satisfied in relation to anv of them if he 
consents to the treatment or act in question; and 
(c) any waiver of the right in accordance with section 272I by 
any 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 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. 
272N. Remedies for infringement of 
performers' moral rights 
(1) An infringement of the right conferred by section 272B (right to 
be identified as performer) or section 272E (right to object to derogatory 
treatment) is actionable as a breach of statutory duty owed to the person 
entitled to the right. IP/N/l/HKG/C/1/ Add.8 
Page 63 
(2) In proceedings for infringement of the right conferred by section 
272E, 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 terms and in such manner as may 
be approved by the court, dissociating a performer from the treatment of 
a live aural performance or a performance fixed in a sound recording. 
2720. Presumptions relevant. to sound recordings 
in which performances are fixed 
In proceedings brought by virtue of this Part with respect to a sound 
recording in which a performance is fixed, where copies of the sound 
recording as issued or made available to the public bear a statement-
(a) that a named person was a performer in the performance; or 
(b) that a named group of performers were the performers in 
the performance, 
the statement is admissible as evidence of the facts stated and is presumed 
to be correct until the contrary is proved.". 
67. Cross-heading substituted 
The cross-heading before section 273 is repealed and the fallowing 
subst1tuted.-
"Circumvention of effective technological measures". 
68. Section substituted 
Section 273 is repealed and the fallowing substituted-
"273. Interpretation of sections 273 
to 273H 
(1) In sections 273A to 273H, "circumvent" (mJil), in relation to an 
effective technological measure which has been applied in relation to a 
copyright work-
(a) where the use of the work is controlled through the measure 
by the copyright owner of the work, means to circumvent 
the measure without the authority of the copyright owner; 
(b) where the use of the work is controlled through the measure 
by an exclusive licensee of the copyright owner of the work, 
means to circumvent the measure without the authority of 
the exclusive licensee; or IP /N/1/HKG/C/l/ Add.8 
Page 64 
( c) where the use of the work is controlled through the measure 
by any other person who, with the licence of the copyright 
owner of the copyright work-
(i) issues to the public copies of the work; 
(ii) makes available to the public copies of the work; or 
(iii) broadcasts the work, or includes the work in a cable 
programme service, 
means to circumvent the measure without the authority of 
that other person. 
(2) For the purposes of this section and sections 273A to 273H, 
where a technological measure has been applied in relation to a copyright 
work, the measure is referred to as an effective technological measure if 
the use of the work is controlled by any person referred to in subsection 
(l)(a), (b) or (c) through-
(a) an access control or protection process (including the 
encryption, scrambling and any other transformation of the 
work) which achieves the intended protection of the work in 
the normal course of its operation; or 
(b) a copy control mechanism which achieves the intended 
protection of the work in the normal course of its operation. 
(3) In subsection (2)-
(a) "technological measure" (fll-tttitaID:) me3:ns any technology, 
device, component or means which is designed, in the 
normal course of its operation, to protect any description of 
copyright work; 
(b) the reference to protection of a copyright work is to the 
prevention or restriction of acts which are done without the 
licence of the copyright owner of the work and are restricted 
by the copyright in the work; 
(c) the reference to use of a copyright work does not extend to 
any use of the work which is outside the scope of the acts 
restricted by the copyright in the work.". 
69. Sections added 
The fallowing are added immediately after section 273-"273A. Rights and remedies in respect of 
circumvention of effective 
technological measures IP/N/1/HKG/C/1/ Add.8 
Page 65 
(1) Subject to sections 273D and 273H, this section applies where an 
effective technological measure has been applied in relation to a copyright 
work, and a person does any act which circumvents the measure, 
knowing, or having reason to believe, that he is doing an act which 
circumvents the measure. 
(2) The foil owing persons have the same rights and remedies against 
the person referred to in subsection (I) as a copyright owner has in respect 
of an infringement of copyright-
(a) the copyright owner of the work; 
(b) an exclusive licensee of the copyright owner of the work; 
and 
(c) any other person who, with the licence of the copyright 
owner of the work-
(i) issues to the public copies of the work; 
(ii) makes available to the public copies of the work; or 
(iii) broadcasts the work, or includes the work in a cable 
programme service. 
(3) The rights and remedies conferred by subsection (2) on the 
copyright owner, the exclusive licensee and the person referred to in 
subsection (2)( c) are concurrent. 
(4) Sections 112(3) and 113(1), (4), (5) and (6) apply, with the 
necessary modifications, in proceedings in relation to the copyright owner, 
the exclusive licensee and the person referred to in subsection (2)( c ), as 
they apply in proceedings in relation to a copyright owner and an 
exclusive licensee with concurrent rights and remedies. . 
(5) Sections 115, 116 and 117 (presumptions as to certain matters 
relating to copyright) apply, with the necessary modifications, in 
proceedings instituted under this section, as they apply in proceedings 
instituted under Part II (copyright). 
273B. Rights and remedies in respect of 
devices and services designed 
to circumvent effective 
technological measures 
(1) Subject to sections 273E and 273H, this section applies where an 
effective technological measure has been applied in relation to a copyright 
work, and a person-IP/N/1/HKG/C/l/ Add.8 
Page 66 
(a) makes, imports, exports, sells or lets for hire, offers or 
exposes for sale or hire, or advertises for sale or hire, any 
relevant device; 
(b) exhibits in public, possesses or distributes any relevant 
device for the purpose of or in the course of any trade or 
business; 
( c) distributes ( otherwise than for the purpose of or in the 
course of any trade or business) any relevant device to such 
an extent as to affect prejudicially the owner of the 
copyright; or 
(d) provides any relevant service. 
(2) In subsection (1)-
"relevant device" (1f ~ff.f4), in relation to the effective technological 
measure referred to in that subsection, means any device, product, 
component or means-
( a) which is promoted, advertised or marketed for the purpose 
of the circumvention of the measure; 
(b) which has only a limited commercially significaljlt purpose 
or use other than to circumvent the measure; or 
(c) which is primarily designed, produced or adapted for the 
purpose of enabling or facilitating the circumvention of the 
measure; 
"relevant service" (if IIHfR.f!), in relation to the effective technological 
measure referred to in that subsection, means any service-
(a) which is promoted, advertised or marketed for the purpose 
of the circumvention of the measure; 
(b) which has only a limited commercially significant purpose 
or use other than to circumvent the measure; or 
(c) which is performed for the purpose of enabling or 
facilitating the circumvention of the measure. 
(3) The following persons have the same rights and remedies against 
the person referred to in subsection (1) as a copyright owner has in respect 
of an.infringement of copyright-
(a) the copyright owner of the work; 
(b) an exclusive licensee of the copyright owner of the work; 
and 
(c) any other person who, with the licence of the copyright 
owner of the work-
(i) issues to the public copies of the work; 
(ii) makes available to the public copies of the work; or 
(iii) broadcasts the work, or includes the work in a cable 
programme service. IP /N/1/HKG/C/1/ Add.8 
Page 67 
( 4) The rights and remedies conferred by subsection (3) on the 
copyright owner, the exclusive licensee and the person referred to in 
subsection (3)( c) are concurrent. 
(5) Sections 112(3) and 113(1), (4), (5) and (6) apply, with the 
necessary modifications, in proceedings in relation to the copyright owner, 
the exclusive licensee and the person referred to in subsection (3)(c), as 
they apply in proceedings in relation to a copyright owner and an 
exclusive licensee with concurrent rights and remedies. 
(6) The copyright owner, the exclusive licensee and the person 
referred to in subsection (3)(c) have the same rights and remedies under 
section 109 (order for delivery up) in relation to any device, product, 
component or means which a person has in his possession, custody or 
control with the intention that it is to be used to circumvent effective 
technological measures, as a copyright owner has in relation to an 
infringing copy. 
(7) The rights and remedies conferred by subsection (6) on the 
copyright owner, the exclusive licensee and the person referred to in 
subsection (3)(c) are concurrent. 
(8) Section 113(7) ( order as to exercise of rights by copyright owner 
where exclusive licensee has concurrent rights) applies, with the necessary 
modifications, in respect of anything done under section 109 by virtue of 
subsection (6), in relation to the copyright owner, the exclusive licensee 
and the person referred to in subsection (3)(c), as it applies, in respect of 
anything done under section 109, in relation to a copyright owner and an 
exclusive licensee with concurrent rights and remedies. 
(9) Section 111 ( order as to disposal of infringing copy or other 
article) applies, with the necessary modifications, in relation to the 
disposal of anything delivered up under section 109 by virtue of 
subsection (6). 
(10) Sections 115, 116 and 117 (presumptions as to certain matters 
relating to copyright) apply, with the· necessary modifications, in 
proceedings instituted under this section, as they apply in proceedings 
instituted under Part II ( copyright). 
273C. Offences in relation to circumvention 
of effective technological measures 
(1) Subject to sections 273F and 273H, where an effective 
technological measure has been applied in relation to a copyright work, a 
person commits an offence if he- -
(a) makes for sale or hire any relevant device; 
(b) imports into Hong Kong for sale or hire any relevant 
device; IP /N/1/HKG/C/1/ Add.8 
Page 68 
(c) exports from Hong Kong for sale or hire any relevant 
device; 
(d) sells, lets for hire, or offers or exposes for sale or hire any 
relevant device for the purpose of or in the course of any 
trade or business; 
(e) exhibits in public or distributes any relevant device for the 
purpose of or in the course of any trade or business which 
consists of dealing in circumvention devices; 
(j) possesses any relevant device with a view to-
(i) its being sold or let for hire by any person for the 
purpose of or in the course of any trade or business; or 
(ii) its being exhibited in public or distributed by any 
person for the purpose of or in the course of any trade 
or business which consists of dealing in circumvention 
devices; or 
(g) provides any relevant service for the purpose of or in the 
course of a circumvention business. 
(2) In subsection (!)-
"circumvention business" cm~*f!) means a business, conducted for 
profit, which includes· the offering to the public of services which 
enable or facilitate the circumvention of effective technological 
measures; 
"circumvention device" cm.~:H11t) means any device, product, component 
ormeans-
(a) which is promoted, advertised or marketed for the purpose 
of the circumvention of effective technological measures; 
(b) which has only a limited commercially significant purpose 
or use other than to circumvent effective technological 
measures; or 
(c) which is primarily designed, produced or adapted for the 
purpose of enabling or facilitating the circumvention of 
effective technological measures; 
"dealing in" OIIi~) means selling, letting for hire, or distributing for profit 
or reward; 
"relevant device" (1f lHJ:H11t), in relation to the effective technological 
measure referred to in that subsection-
(a) subject to paragraph (b ), means any device, product, 
component or means-
(i) which is promoted, advertised or marketed for the 
purpose of the circumvention of the measure; 
(ii) which has only a limited commercially significant 
purpose or use other than to circumvent the measure; 
or IP/N/l/HKG/C/1/ Add.8 
Page 69 
(iii) which is primarily designed, produced or adapted for 
the purpose of enabling or facilitating the 
circumvention of the measure; 
(b) does not include any unauthorized decoder referred to in 
section 6, or any decoder referred to in section 7, of the 
Broadcasting Ordinance (Cap. 562); 
"relevant service" (~~Bllr.1f), in relation to the effective technological 
measure referred to in that subsection, means any service-
( a) which is promoted, advertised or marketed for the purpose 
of the circumvention of the measure; 
(b) which has only a limited commercially significant purpose 
or use other than to circumvent the measure; or 
(c) which is performed for the purpose of enabling or 
facilitating the circumvention of the measure. 
(3) A person who commits an offence under subsection (1) is liable 
on conviction on indictment to a fine of $500,000 and to imprisonment for 
4 years. 
( 4) It is a defence for the person charged with an offence in respect 
of an effective technological measure under subsection (1) to prove that he 
did not know and had no reason to believe that the relevant device or 
relevant service which is the subject of the offence enabled or facilitated 
the circumvention of the measure. 
273D. Exceptions to section 273A 
(1) Section 273A does not apply to an act which circumvents an 
effective technological measure if-
( a) the measure has been applied in relation to a computer 
program; 
(b) the act is done with respect to the identification or analysis 
of particular elements of the computer program that are not 
readily available to the person who does the act; 
(c) the act is done for the sole purpose of achieving 
interoperability of an independently created computer 
program with the computer program or another computer 
program; 
(d) the copy of computer program in relation to which the act 
is done is not an infringing copy; and 
( e) the act of identification or analysis referred to in paragraph 
(b) does not constitute an infringement of copyright. 
(2) Section 273A does not apply to an act which circumvents an 
effective technological measure if-IP /N/1/HKG/C/l/ Add. 8 
Page 70 
(a) the act is done by or under the authority of the owner or 
operator of a computer, computer system or computer 
network; and 
(b) the act is done for the sole purpose of testing, investigating 
or correcting a security flaw or· vulnerability of the 
computer, computer system or computer network, as the 
case may be. 
(3) Section 273A does not apply to an act which circumvents an 
effective technological measure if the act is done for the sole purpose of 
research into cryptography and-
(a) where the research is conducted by or on behalf of a 
specified educational establishment, or for the purposes of 
giving or receiving instruction in a specified course of study 
in the field of cryptography provided by a specified 
educational. establishment-
(i) the research does not constitute an infringement of 
copyright; 
(ii) it is necessary for the act to be done in order to conduct 
the research; and 
(iii) the information derived from the research is not 
disseminated to the public except in a specified manner; 
or 
(b) in any other case-
(i) the research does. not constitute an infringement of 
copyright; 
(ii) it is necessary for the act to be done in order to conduct 
the research; and 
(iii) the act or the dissemination to the public of 
information derived from the research does not affect 
prejudicially the copyright owner. 
(4) In subsection (3)-
"specified educational establishment" (m ~~JfiHI) means-
(a) an educational establishment specified in section 4, 6, 7, 8, 
9, 12, 14 or 15 of Schedule I; or 
(b) Hong Kong Shue Yan University registered under the Post 
Secondary Colleges Ordinance (Cap. 320); 
"specified manner" (ra ~1r:i:t), in relation to the dissemination to the 
public of information derived from a research into cryptography­
(a) means a manner which is reasonably calculated to advance 
the state of knowledge or development of cryptography or 
related technology; and IP /N/1/HKG/C/1/ Add.8 
Page 71 
(b) includes dissemination of the information in a journal or at 
a conference the target readers or audiences of which are 
primarily persons engaged in, or pursuing a course of study 
in, the field of cryptography or related technology. 
(5) Section 273A does not apply to an act which circumvents an 
effective technological measure if-
(a) the measure, or the copyright work in relation to which the 
measure has been applied, has the capability to collect or 
disseminate personally identifying information which tracks 
and records the manner of a person's use of a computer 
network without providing conspicuous notice of such 
collection or dissemination to the person; 
(b) the act is done for the sole purpose of identifying or 
disabling the function of the measure or work, as the case 
may be, in collecting or disseminating personally identifying 
information; and 
( c) the act does not affect the ability of any person to gain 
access to any work. 
(6) Section 273A does not apply to an act which circumvents an 
effective technological measure if-
( a) a person do~s Jhe act when using a technology, product or 
device; and 
(b) the sole purpose of the technology, product or device, as the 
case may be, is to prevent access of minors to harmful 
materials on the Internet. 
(7) Section 273A does not apply to an act which circumvents an 
effective technological measure if-
(a) the measure has been applied in relation to a copyright 
work of any description issued to the public in a physical 
article; 
(b) the measure contains regional coding or any other 
technology, device, component or means which has the 
effect of preventing or restricting access to the work for the 
purpose of controlling market segmentation on a 
geographical basis; -
(c) the act is done for the sole purpose of overcoming the 
regional coding, technology, device, component or means, 
as the case may be, contained in the measure so as to gain 
access to the work; and 
(d) the copy of the work in relation to which the act is done­
(i) is not an infringing copy; or IP/N/l/HKG/C/1/Add.8 
Page 72 
(ii) if it is an infringing copy, is an infringing copy by 
virtue only of section 35(3) and was lawfully made in 
the country, territory or area where it was made. 
(8) Section 273A does not apply to an act which circumvents an 
effective technological measure if-
( a) the measure has been applied in relation to a copy of any 
·description mentioned in section 50(1 ), 51 (1) or 53; 
(b) the act of circumvention is done by the librarian or archivist 
of a specified library or archive; and 
(c) the act is done for the sole purpose of the doing of any of 
the acts permitted under sections 50, 51 and 53. 
(9) Section 273A does not apply to an act which circumvents an 
effective technological measure if the act is done by, or on behalf of, law 
enforcement agencies for the purpose of the prevention, detection or 
investigation of an offence, or the_ conduct of a prosecution. 
273E. Exceptions to section 273B 
(1) In this section-
"relevant device" (;yf!mff11f) means any device, product, component or 
means-
(a) which is promoted, advertised or marketed for the purpose 
of the circumvention of effective technological measures; 
(b) which has only a limited commercially significant purpose 
or use other than to circumvent effective technological 
measures; or 
(c) which is primarily designed, produced or adapted for the 
purpose of enabling or facilitating the circumvention of 
effective technological measures; 
"relevant service" (1f~H~Ji) means any service-
(a) which is promoted, advertised or marketed for the purpose 
of the circumvention of effective technological measures; 
(b) which has only a limited commercially significant purpose 
or use other than to circumvent effective technological 
measures; or 
(c) which is performed for the purpose of enabling or 
facilitating the circumvention of effective technological 
measures. (2) Section 273B does not apply if-IP/N/1/HKG/C/1/ Add.8 
Page 73 
(a) a person works collaboratively with another person to 
identify or analyse particular elements of a computer 
program for the sole purpose ·of achieving interoperability 
of an independently created computer program with the 
computer program or another computer program; and 
(b) that person, for the purpose of enabling that other person 
to do any relevant act-
(i) makes or imports any relevant device for that other 
person; 
(ii) sells, lets for hire, · exports or distributes any relevant 
device to that other person; 
(iii) possesses any relevant device; or 
(iv) provides any relevant service to that other person. 
(3) In subsection (2), "relevant act" (~!Jffl11=~) means-
(a) an act which circumvents·an effective technological measure 
and to which section 273A does not apply by virtue of 
section 273D(l); or 
(b) an act done outside Hong Kong which; if done in Hong 
Kong, would constitute an act referred to in paragraph (a). 
(4) Section 273B does not apply if-
(a) a person works collaboratively with another person to test, 
investigate or correct a security flaw or vulnerability of a 
computer, computer system or computer network under the 
authority of the owner or operator of the computer, 
computer system or computer network, as the case may be; 
and 
(b) that person, for the purpose of enabling that other person 
to do any relevant act-
(i) makes or imports any relevant device for that other 
person; 
(ii) sells, lets for hire, exports or distributes any relevant 
device to that other person; 
(iii) possesses any relevant device; or 
(iv) provides any relevant service to that other person. 
(5) In subsection ( 4), "relevant act" (~fJJ.H'I=~) means-
(a) an act which circumvents an effective technological measure 
and to which section 273A does not apply by virtue of 
section 273D(2); or 
(b) an act done outside Hong Kong which, if done in Hong 
Kong, would constitute an act referred to in paragraph (a). IP /N/1/HK.G/C/l/ Add.8 
Page 74 
(6) Section 273B does not apply if-
(a) a person works collaboratively with another person to 
conduct research into cryptography; and 
(b) that person, for the purpose of enabling that other person 
to do any relevant act-
(i) makes or imports any relevant device for that other 
person; 
(ii) sells, lets for hire, exports or distributes any relevant 
device to that other person; 
(iii) possesses any relevant device; or . 
(iv) provides any relevant service to that other person. 
(7) In subsection (6), "relevant act" (1f mm{1=1i&) means-
(a) an act which circumvents an effective technol~gical measure 
and to which section 273A does not apply by virtue of 
section 273D(3); or 
(b) an act done outside Hong Kong which, if done in Hong 
Kong, would constitute an act referred to in paragraph (a). 
(8) Section 273B does not apply to a relevant device or relevant 
service if-
( a) an effective technological measure, or a copyright work in 
relation to which an effective technological measure has 
been applied, has a function in collecting or disseminating 
personally identifying information which tracks and records 
the manner of a person's use of a computer network; and 
(b) the sole purpose of the device or service, as the case may be, 
is to identify or disable that function of the measure or 
work, as the case may be. 
(9) Section 273B does not apply to a relevant device if-
( a) the relevant device is incorporated, or is intended to be 
incorporated, into a technology, product or device; and 
(b) the sole purpose of the technology, product or device, as the 
case may be, is to prevent access of minors to harmful 
materials on the Internet. 
(I 0) Section 273B does not apply to a relevant service if the sole 
purpose of the service is to prevent access of minors to harmful materials 
on the Internet. 
(11) Section 273B does not apply· to a relevant device or relevant 
service if-
(a) an effective technological measure has been applied in 
relation to a copyright work issued to the public in a 
physical article; IP/N/1/HKG/C/1/ Add.8 
Page 75 
(b) the measure contains regional coding or any other 
technology, device, component or means which has the 
effect of preventing or restricting access to the work for the 
purpose of controlling market segmentation on a 
geographical basis; and 
( c) the sole purpose of the relevant device or relevant service, as 
the case-may be, is to overcome the regional coding, 
technology, device, component or means, as the case may 
be, contained in the measure. 
(12) Section 273B does not apply to an act done by, or on behalf of, 
law enforcement agencies for the purpose of the prevention, detection or 
investigation of an offence, or the conduct of a prosecution. 
273F. Exceptions to section 273C 
(I) In this section-
"relevan t device" (ff~:ff14) means any device, product, component or 
means-
(a) which is promoted, advertised or marketed for the purpose 
of the circumvention of effective technological measures; 
(b) which has only a limited commercially significant purpose 
or use other than to circumvent effective technological 
measures; or 
(c) which is primarily designed, produced or adapted for the 
purpose of enabling or facilitating the circumvention of 
effective technological measures; 
"relevant service" (1f~ij!lft) means any service-
(a) which is promoted, advertised or marketed for the purpose 
of the circumvention of effective technological measures; 
(b) which has only a limited comm_ercially significant purpose 
or use other than to circumvent effective technological 
measures; or 
(c) which· is performed for the purpose of enabling or 
facilitating the circumvention of effective technological 
measures. 
(2) -Section 273C does not apply if-
( a) a person works collaboratively with another person to 
identify or analyse particular elements of a computer 
program for the sole purpose of achieving interoperability 
of an independently created computer program with the 
computer program or another computer program; and 
(b) that person, for the purpose of enabling that other person 
to do any relevant act-IP/N/l/HKG/C/1/Add.8 
Page 76 
(i) ·makes or imports any relevant device for that other 
· person; 
(ii) sells, lets for hire, exports or distributes any relevant 
device to that other person; 
(iii) possesses any relevant device with a view to selling, 
letting for hire or distributing the device to that other 
person; or 
(iv) provides any relevant service to that other person. 
(3) In subsection (2), "relevant act" (~IIH'F~) means-
(a) an act which circumvents an effective technological measure 
and to which section 273A does not apply by virtue of 
section 273D(l ); or 
(b) an act done outside Hong Kong which, if done in Hong 
Kong, would constitute an act referred to in paragraph (a). 
(4) Section 273C does not apply .if-
( a) a person works collaboratively with another person to test, 
investigate or correct a security flaw or vulnerability of a 
computer, computer system or computer network under the 
authority of the owner or operator of the computer, 
computer system or computer network, as the case may be; 
and 
(b) that person, for the purpose of enabling that other person 
to do any relevant act-
(i) makes or imports any relevant device for that other 
person; 
(ii) sells, lets for hire, exports or distributes any relevant 
device to that other person; 
(iii) possesses any relevant device with a view to selling, 
· letting for hire or distributing the device to that other 
person; or 
(iv) provides any relevant service to that other person. 
(5) In subsection (4), "relevant act" (~~fl=~) means-
(a) an act which circumvents an effective technological measure 
and to which section 273A does not apply by virtue of 
section 273D(2); or 
(b) an act done outside Hong Kong which, if done in Hong 
Kong, would constitute an act referred to in paragraph (a). 
(6) Section 273C does not apply if-
(a) a person works collaboratively with another person to 
conduct research into cryptography; and 
(b) that person, for the purpose of enabling that other person 
to do any relevant act-IP/N/l/HKG/C/1/ Add.8 
Page 77 
(i) makes or imports any relevant device for that other 
person; 
(ii) sells, lets for hire, exports or distributes any relevant 
device to that other person; 
(iii) possesses any relevant device with a view to selling, 
letting for hire or distributing the device to that other 
person; or 
(iv) provides any relevant _service to that other person. 
(7) In subsection (6), "relevant act" (;ff~fl=~) means-
(a) an act which circumvents an effective technological measure 
and to which section 273A does not apply by virtue of 
section 273D(3); or 
(b) an act done outside Hong Kong which, if done in Hong 
Kong, would constitute an act referred to in paragraph (a). 
(8) Section 273C does not apply to a relevant device or relevant 
service if-
(a) an effective technological measure, or a copyright work in 
relation to which an effective technological measure has 
been applied, has a function in collecting or disseminating 
personally identifying information which tracks and records 
the manner of a person's use of a computer network; and 
(b) the sole purpose of the device or service, as the case may be, 
. is to identify or disable that function of the measure or 
work, as the case may be. 
(9) Section 273C does not apply to a relevant device if-
(a) the relevant device is incorporated, or is intended to be 
incorporated, into a technology, product or device; and 
(b) the sole purpose of the technology, product or device, as the 
case may be, is to prevent access of minors to harmful 
materials on the Internet. 
(10) Section 273C does not apply to a relevant service if the sole 
purpose of the service is to prevent access of minors to harmful materials 
on the Internet. 
(11) Section 273C does not apply to a relevant device or relevant 
service if-
(a) an effective technological measure has been applied in 
relation to a copyright work issued to the public in a 
physical article; 
(b) the measure contains regional coding or any other 
technology, device, component or means which has the 
effect of preventing or restricting access to the work for the 
purpose of controlling market segmentation on a 
geographical basis; and IP /N/l/HKG/C/1/ Add.8 
Page 78 
(c) the sole purpose of the relevant device or relevant service, as 
the case may be, is to overcome the regional coding, 
technology, device, component or means, as the case may 
be, contained in the measure. 
(12) Section 273C does not apply to an act done by, or on behalf of, 
law enforcement agencies for the purpose of the prevention, detection or 
investigation of an offence, or the conduct of a prosecution. 
273G. Application of sections 273, 273A, 
273B, 273D and 273E to 
performances 
Sections 273, 273A(l), (2), (3) and ( 4), 273B(l), (2), (3), ( 4), (5), (6), 
(7), (8) and (9), 273D and 273E apply, with the necessary modifications, in 
relation to-
(a) an unfixed performance or a fixation of a performance; 
(b) a performer or a person having fixation rights in relation to 
a performance; and 
(c) the rights conferred by Part III on a performer or a person 
having fixation rights in relation to a performance. 
273H. Exceptions to sections 273A, 273B, 
273C · and 273G 
The Secretary for Commerce and Economic Development may, by 
notice published in the Gazette, exclude from the application of any 
provisions of sections 273A, 273B, 273C and 273G any work or 
performance, class of works or performances or class of devices, products, 
components, means or services if he is satisfied-
(a) that any use of or dealing with the work or performance, 
class of works or performances or class of devices, products, 
components, means or services, as the case may be, does not 
constitute or lead to an infringement of copyright or the 
rights conferred by Part III (rights in performances); and 
(b) that any such use or dealing has been, or is likely to be, 
adversely impaired or affected as a result of the application 
of the provisions.". 
70. Rights and remedies in respect of unlawful 
acts to interfere with rights 
management information 
Section 274 is amended by adding-IP /N/1/HKG/C/1/ Add.8 
Page 79 
"(2A) The person who provides rights management information does 
not have the rights and remedies against the person referred to in 
subsection (2) unless the second-mentioned person, when doing an act 
referred to in subsection (2)(a) or (b ), knows or has reason to believe that 
by doing the act he is inducing, enabling, facilitating or concealing an 
infringement of copyright or an infringement of rights conferred by Part 
III (rights in performances). 
(2B) If the copyright owner of a work to which rights management 
information is attached, or the copyright owner's exclusive licensee, is not 
the person who provides the rights management information,.. the 
copyright owner or the exclusive licensee, as the case may be, has the same 
rights and remedies as the person who provides the rights management 
information has against the person referred to in subsection (2). 
(2C) The rights and remedies conferred by subsection (1) on the 
person who provides rights management information .and the rights and 
remedies conferred by subsection (2B) on the copyright owner and his 
exclusive licensee are concurrent. 
(2D) Sections 112(3) and 113(1), (4), (5) .and (6) apply, with the 
necessary modifications, in proceedings in relation to the person who 
provides rights management information, the copyright owner and the 
exclu~ive licensee, as they_c1.pply in proceedings in relation to a copyright 
owner and an exclusive licensee with concurrent rights and remedies. 
(2E) Sections 115, 116 and 117 (presumptions as to certain matters 
relating to copyright) apply, with the necessary modifications, in 
proceedings instituted under this section, as they apply in proceedings 
instituted under Part II (copyright). 
(2F) This section, except subsection (2E), applies, with the necessary 
modifications, in relation to-
(a) a fixation of a performance; 
(b) a performer or a person having fixation rights in relation to 
a performance; and 
(c) the rights conferred by Part III on a performer or a person 
having fixation rights in relation to a performance.". 
71. Transitional pro,isions and savings 
( 1) Section 282 is amended, in the heading, by adding "in relation to 
amendments effected by the Copyright (Amendment) Ordinance 2003" after 
"savings". 
(2) Section 282 is amended by adding "by the Copyright (Amendment) 
Ordinance 2003 (27 of 2003)" after "this Ordinance". IP/N/1/HKG/C/1/ Add.8 
Page 80 
72. Section added 
The foil owing is added-
"283. Transitional provisions and savings 
in relation to amendments effected 
by the Copyright (Amendment) 
Ordinance 2007 
(1) In this section, "2007 Amendment Ordinance" ( {2007 4{ttr{* 
f9tl)) means the Copyright (Amendment) Ordinance 2007 (15 of 2007). 
(2) Schedule 7 contains transitional provisions and savings in 
relation to certain amendments made to this Ordinance by the 2007 
Amendment Ordinance. 
(3) The Chief · Executive in Council may make regulations 
containing transitional provisions and savings consequent on the 
enactment of the 2007 Amendment Ordinance. 
( 4) Without prejudice to the generality of subsection (3), the 
regulations may in particular provide for-
(a) the application of provisions of this Ordinance as amended 
by the 2007 Amendment Ordinance; or 
(b) the continued application of provisions of this Ordinance as 
in force immediately before the commencement of any 
provisions of the 2007 Amendment Ordinance, 
in connection with any matter specified in the regulations. 
(5) Regulations made under this section may, if they so provide, be 
deemed to have come into operation on a date earlier than the date on 
which they are published in the Gazette but not earlier than the date on 
which the 2007 Amendment Ordinance is published in the Gazette. 
(6) To the extent that any regulations come into operation on a date 
earlier than the date on which they are published in the Gazette, those 
regulations shall be construed so as not to-
(a) affect, in a manner prejudicial to any person, the rights of 
that person existing before the date on which the 
regulations are published in the Gazette; or 
(b) impose liabilities on any person in respect of anything done, 
or omitted to be done, before that date. 
(7) In the event of an inconsistency between any regulations made 
under this section and the provisions of Schedule 7, Schedule 7 shall 
prevail to the extent of the inconsistency.". IP/N/1/HKG/C/1/ Add. 8 
Page 81 
73. Educational establishments 
( 1) Schedule 1 is amended, within the square brackets, by repealing 
"s. 195" and substituting "ss. 40A, 119B, 195 & 273D". 
(2) Schedule 1 is amended by repealing section 15 and substituting­
"°15. The Open University of Hong Kong established by The Open 
University of Hong Kong Ordinance (Cap. 1145).". 
74. Schedule lA added 
The following is added-
"SCHEDULE IA 
BODIES AND AUTHORITIES SPECIFIED FOR 
PURPOSES OF DEFINITION OF "SPECIFIED 
COURSE OF STUDY" [s. 198] 
1. Curriculum Development Council the members of which are 
appointed by the Chief Executive.". 
75. Schedule 7 added 
The following is added-
"SCHEDULE 7 
TRANSITIONAL PROVISIONS AND SAVINGS IN RELATION TO 
AMENDMENTS EFFECTED BY THE COPYRIGHT 
(AMENDMENT) ORDINANCE 2007 
(15 OF 2007) 
PART 1 
INTRODUCTORY 
1. Interpretation 
(1) In this Schedule-[s. 283] IP/N/l/HKG/C/1/ Add.8 
Page 82 
"2007 Amendment Ordinance" ( (2007 1:ffftrf~Jtl}) means the Copyright 
(Amendment) Ordinance 2007 (15 of 2007); 
"Suspension Ordinance" ( (ig,fff~f§~}) means the Copyright (Suspension of 
Amendments) Ordinance 2001 (Cap. 568). 
(2) Expressions used in this Schedule which are defined for the purposes 
of Part II (copyright) and Part IIIA (performers' moral rights) of this 
Ordinance have the same meaning as in those Parts. 
PART 2 
ACTS PERMITTED IN RELATION TO COPYRIGHT 
WORKS AND PERFORMANCES 
2. Savings for certain existing agreements 
Nothing in section 13, 14, 15, 16, 17, 21, 61, 62, 63 or 65 of the 2007 
Amendment Ordinance affects_ a licence or agreement made before the 
commencement date of thaJ section. 
PART 3 
RENTAL RIGHT OF COPYRIGHT OWNERS AND PERFORMERS 
Division I-Transitional provisions and savings 
in relation to amendments effected by section 6 
of the 2007 Amendment Ordinance (insofar as 
it relates to section 25(l)(c), (e) 
and(/) of this Ordinance) 
3. General provisions 
(1) Subject to sections 4 and 5 of this Schedule, section 6 of the 2007 
Amendment Ordinance (insofar as it relates to section 25(1)(c), (e) and U) of 
this Ordinance) applies to copyright works made before, on or after the 
commencement date of that section. 
(2) No act done before the commencement date of section 6 of the 2007 
Amendment Ordinance (insofar as it relates to section 25(1 )( c ), ( e) and U) of 
this Ordinance) shall be regarded as an infringement of any new right arising 
by virtue of that section. IP /N/1/HKG/C/l/ Add. 8 
Page 83 
4. New rental right: effect of pre-commencement 
authorization of copying 
Where-
(a) the owner or prospective owner of copyright in any work has, 
before the commencement date of section 6 of the 2007 
Amendment Ordinance (insofar as it relates to section 25(l)(c), 
(e) and (f) of this Ordinance), authorized a person to make a 
copy of the work; and 
(b) a new right arises by virtue of that section in relation to that 
copy, 
the new right shall vest on the commencement date of that section in the 
person so authorized, subject to any agreement to the contrary. 
5. Savings for existing stocks 
(1) Any new right arising by virtue of section 6 of the 2007 Amendment 
Ordinance (insofar as it relates to section 25(l)(c) of this Ordinance) does not 
apply to a copy of a film acquired by a person before the commencement date 
of that section for the purpose of renting it to the public. 
(2) . Any new right arising by virtue of section 6 of the 2007 Amendment 
Ordinance (insofar as it relates to section 25(l)(e) and (f) of this Ordinance) 
does not apply to a copy of a comic book acquired by a person before the 
commencement date of that section for the purpose of renting it to the public. 
Division 2-Transitional provisions and savings 
in relation to amendments effected by section 6 
of the 2007 Amendment Ordinance (insofar as 
it relates to section 25(1 )( d) of 
this Ordinance) 
6. General provisions 
(1) Subject to sections 7 and 8 of this Schedule, section 6 of the 2007 
Amendment Ordinance (insofar as it relates to section-25(l)(d) of this 
Ordinance) applies to copyright works made before, on or after the 
commencement date of that section. · 
(2) No act done before the commencement date of section 6 of the 2007 
Amendment Ordin~nce (insofar as it relates to section 25(1 )( d) of this 
Ordinance) shall be regarded as an infringement of any new right arising by 
virtue of that section. IP/N/1/HKG/C/l/ Add.8 
Page 84 
7. New rental right: effect of pre-commencement 
authorization of copying 
Where-
(a) the owner or prospective owner of copyright in any work has, 
before the commencement date of section 6 of the 2007 
Amendment Ordinance (insofar as it relates to section 25(l)(d) 
of this Ordinance), authorized a person to make a copy of the 
work; and 
(b) a new right arises by virtue of that section in relation to that 
copy, 
the new right shall vest on the commencement date of that section in the 
person so authorized, subject to any agreement to the contrary. 
8. Savings for existing stocks 
Any new right arising by virtue of section 6 of the 2007 Amendment 
Ordinance (insofar as it relates to section 25(l)(d) of this Ordinance) doe~ not 
apply to a copy of a sound recording acquired by a person before the 
commencement date of that section for the purpose of renting it to the public. 
Division 3-Trari.sitional provisions and savings in relation 
to amendments effected by section 51 of the 
2007 Amendment Ordinance 
9. General provisions 
( 1) Subject to sections 10 and 11 of this Schedule, section 51 of the 2007 
Amendment Ordinance applies to qualifying performances that take place 
before, on or after the commencement date of that section. 
(2) .No act done before the commencement date of section 51 of the 2007 
Amendment Ordinance shall be regarded as an infringement of any new right 
arising by virtue of that section. 
10. New rental right: effect of pre-commencement 
authorization of copying 
Where-
(a) the owner or prospective owner of a performer's rights in a 
qualifying performance has, before the commencement date of 
section 51 of the 2007 Amendment Ordinance, authorized a 
person to make a copy of a recording of the performance; and IP /N/l/HKG/C/1/ Add. 8 
Page 85 
(b) a new right arises by virtue of that section in relation to that 
copy, 
the new right shall vest on the commencement date of that section in the 
person so authorized, subject to any agreement to the contrary. 
11. Savings for existing stocks 
Any new right arising by virtue of section 51 of the 2007 Amendment 
Ordinance does not apply to a copy of a sound recording of a qualifying 
performance acquired by a person before the commencement date of that 
section for the purpose of renting it to the public. 
PART4 
MORAL RIGHTS OF PERFORMERS 
Transitional provisions and savings in relation 
to amendments effected by section 66 of the 
2007 Amendment Ordinance 
12. General provi~ions 
No act done before the commencement date of section 66 of the 2007 
Amendment Ordinance shall be regarded as an infringement of any new rights 
of performers arising by virtue of that section. 
13. Savings for certain existing agreements 
(1) Except as otherwise expressly provided;- nothing in section 66 of the 
2007 Amendment Ordinance affects an agreement made before the 
commencement date of that section. 
(2) No act done in pursuance of an agreement r~f erred to in subsection 
(1) on or after the commencement date of section 66 of the 2007 Amendment 
Ordinance shall be regarded as an infringement of any new rights of 
performers arising by virtue of that section. 
14. New moral rights of performers of 
live· aural performances 
(1) Any new rights of performers arising by virtue of section 66 of the 
2007 Amendment Ordinance in respect of a live aural performance only subsist 
in a live aural performance that takes place on or after the commencement 
date of that section. IP/N/1/HKG/C/l/ Add.8 
Page 86 
(2) Any new rights of performers arising by virtue of section 66 of the 
2007 Amendment Ordinance in respect of a performance fixed in a sound 
recording only subsist if the performance concerned takes place on or after the 
commencement date of that section. 
PART 5 
INFRINGEMENT OF COPYRIGHT IN WORKS AND RIGHTS 
IN PERFORMANCES 
Division I-Transitional provisions and savings 
in relation to amendments effected by section 
9(2) of the 2007 Amendment Ordinance 
15. Exemption from criminal liability incurred 
in respect of copies of works imported 
before commencement of section 
9(2) of the 2007 Amendment 
Ordinance 
(1) As lrom the commencement date of section 9(2) of the 2007 
Amendment Ordinance, a person shall not be liable to conviction for an 
offence under section 118 of this Ordinance in respect of an act done before, on 
or after that commencement date in relation to a copy of a work to which this 
subsection applies. 
(2) Subsection (1) applies to a copy of a work imported into Hong Kong 
before the commencement date of section 9(2) of the 2007 Amendment 
Ordinance-
(a) which is an infringing copy by virtue only of section 35(3) of this 
Ordinance as in force immediately before that commencement 
date; 
(b) which was lawfully made in the country, territory or area where 
it was made; and 
(c) which, if imported into Hong Kong on or after that 
commencement date, would, by virtue of section 35(4) of this 
Ordinance as amended by section 9(2) of the 2007 Amendment 
Ordinance, not be an infringing copy for the purposes of sections 
118 to 133 (criminal provisions) of this Ordinance. IP /N/1/HKG/C/1/ Add.8 
Page 87 
Division 2-Transitional provisions and savings 
in relation to amendments effected by section 10 
of the 2007 .Amendment Ordinance 
16. Application of section 35B of this 
Ordinance to previously imported 
copies 
(1) For the purpose of any act done on or after the commencement date 
of section 10 of the 2007 Amendment Ordinance in relation to a copy of a 
work to which this subsection applies (including any act alleged to constitute 
an infringement of copyright or an offence under this Ordinance)-
(a) section 35B of this Ordinance shall have effect as if it had been 
enacted before the copy is imported into Hong Kong or 
acquired; and 
(b) the copy is, by virtue of paragraph (a), not an infringing copy for 
the purposes of section 35(3) of this Ordinance unless, having 
regard to section 35B of this Ordinance, it would also be an 
infringing copy for the purposes of section 35(3) of this 
Ordinance if it were imported into Hong Kong or acquired on or 
after that commencement date. 
(2) Subsection (1) applies to a copy of a work imported into Hong Kong 
before the commencement date of section 10 of the 2007 Amendment 
Ordinance-
(a) which is an infringing copy by virtue only of section 35(3) of this 
Ordinance as in force immediately before that commencement 
date; and 
(b) which was lawfully made in the country, territory or area where 
it was made. 
(3) For the avoidance of doubt, nothing in this section or in the 2007 
Amendment Ordinance relieves any person from liability to civil action in 
relation to an infringement of copyright which occurred before the 
commencement date of section 10 of the 2007 Amendment Ordinance. 
17. Exemption from criminal liability 
pre,iously incurred in respect of 
"parallel-imported" copies of 
works to which section 35B 
of this Ordinance applies 
(1) As from ·the commencement date of section 10 of the 2007 
Amendment On;iinance, a person shall not be liable to conviction for an 
offence under section 118(1) of this Ordinance as in force immediately before IP /N/l/HKG/C/1/ Add. 8 
Page 88 
that commencement date and read together with the Suspension Ordinance, in 
respect of an act done before that commencement date in relation to a copy of 
a work to which this subsection applies unless, having regard to section 35B of 
this Ordinance, the copy would also be an infringing copy for the purposes of 
section 35(3) of this Ordinance if it were imported into Hong Kong or acquired 
on or after that commencement date. 
(2) Subsection (1) applies to a copy of a work imported into Hong Kong 
before the commencement date of section 10 of the 2007 Amendment 
Ordinance-
(a) which is an infringing copy by virtue only of section 35(3) of this 
Ordinance as in force immediately before that commencement 
date; and 
(b) which was lawfully made in the country, territory or area where 
it was made. 
Division 3-Transitional provisions and savings in relation 
to amendments effected by section 31 of the 
2007 Amendment Ordinance 
18. Application of section 118(2H) 
of this Ordinance 
For the avoidance of doubt, section 118(2H) of this Ordinance does not 
apply in relation to any act referred to in section 118(2A) of this Ordinance 
and done by a body corporate or a partnership before the commencement date 
of section 31 ( 4) of the 2007 Amendment Ordinance. 
19. Retrospective application of the exemption 
and defence provided by section 
118(2E), (2F), (2G), (3A) and 
· (3B) of this Ordinance 
(1) Section 118(2E), (2F), (2G), (3A) and (3B) of this Ordinance applies 
in proceedings to which this subsection applies, in the same manner as it 
applies in proceedings for an offence under section 118(2A) of this Ordinance. 
(2) Subsection (1) applies to proceedings for an offence under section 
118(1)(d) of this Ordinance as in force immediately before the commencement 
date of section 31(4) of the 2007 Amendment Ordinance and read together 
with the Suspension Ordinance, in a case where the infringing copy to which 
the charge relates is an infringing copy of the kind described in section 2(2), 
(3), (4) or (5) of the Suspension Ordinance. IP /N/1/HKG/C/1/ Add.8 
Page 89 
(3) Subsection (1) does not apply to proceedings for an offence 
committed before I April 2001. 
Division 4--Transitional provisions and sayings in relation 
to amendments effected by section 57 of the 
2007 Amendment Ordinance 
20. Application of section 229 A of this 
Ordinance to previously imported 
fixations 
(1) For the purpose of any act done on or after the commencement date 
of section 57 of the 2007 Amendment Ordinance in relation to a fixation of a 
performance to which this. subsection applies (including any act alleged to 
constitute an infringement of any of the rights conferred by Part III of this 
Ordinance)-
(a) section 229A of this Ordinance shall have effect as if it had been 
enacted before the fixation is imported into Hong Kong or 
acquired; and 
{b) the fixation is, _by virtue of paragraph (a), not an infringing 
fixation for the purposes of section 229( 4) of this Ordinance 
unless, having regard to section 229 A of thjs Ordinance, it would 
also be an infringing fixation for the purposes of section 229(4) 
of this Ordinance if it were imported into Hong Kong or 
acquired on or after that commencement date. 
(2) Subsection (1) applies to a fixation of a performance imported into 
Hong Kong before the commencement date of section 57 of the 2007 
Amendment Ordinance-·· 
(a) which is an infringing fixation by virtue only of section 229(4) 
of this Ordinance as in force immediately before that 
commencement date; and 
(b) which was lawfully made in the country, territory or area where 
it was made. 
(3) For the avoidance of doubt, nothing in this section or in the 2007 
Amendment Ordinance relieves any person from liability to civil action in 
relation to an infringement of any of the rights conferred by Part III of this 
Ordinance which occurred before the commencement date of section 57 of the 
2007 Amendment Ordinance.". IP/N/1/HKG/C/1/ Add.8 
Page 90 
76. Repeal PART 3 
MISCELLANEOUS 
Copyright (Suspension of Amendments) 
Ordinance 2001 
The Copyright (Suspension of Amendments) Ordinance 2001 (Cap. 568) 
is repealed. 
Organized and Serious Crimes Ordinance 
77. Offences relevant to definitions of 
"organized crime" and "specified 
offence" 
Schedule 1 t,o the Organized and Serious Crimes Ordinance (Cap. 455) is 
amended, in paragraph 18, by adding "and which was lawfully made in the 
country, territory or area where it was made" after "section 35(3) of that 
Ordinan~e" where_ it twice appears. 
Prevention of Copyright Piracy Ordinance 
78. Time limit for prosecutions 
Section 36D of the Prevention of Copyright Piracy Ordinance (Cap. 544) 
is amended by repealing everything after "commission of the offence" and 
substituting a full stop.