### Copyright Ordinance 《版權條例》

29. Infringement by making adaptation or act done in relation to adaptation
(1) The making of an adaptation of the work is an act restricted by the copyright in a literary, dramatic or musical work. For this purpose an adaptation is made when it is recorded, in writing or otherwise.
(2) The doing of any of the acts specified in section 23, 24, 25, 27 or 28A, or subsection (1), in relation to an adaptation of the work is also an act restricted by the copyright in a literary, dramatic or musical work. For this purpose it is immaterial whether the adaptation has been recorded, in writing or otherwise, at the time the act is done. (Amended 16 of 2022 s. 15)
(3)  In this Part adaptation (改編本)—
(a) in relation to a literary work, other than a computer program, or dramatic work, means—
(i) a translation of the work;
(ii) a version of a dramatic work in which it is converted into a non-dramatic work or, as the case may be, of a non-dramatic work in which it is converted into a dramatic work;
(iii) a version of the work in which the story or action is conveyed wholly or mainly by means of pictures in a form suitable for reproduction in a book, or in a newspaper, magazine or similar periodical;
(b) in relation to a computer program, means an arrangement or altered version of the program or a translation of it;
(c) in relation to a musical work, means an arrangement or transcription of the work.

(4) In relation to a computer program a translation (翻譯本) includes a version of the program in which it is converted into or out of a computer language or code or into a different computer language or code.
(5) No inference is to be drawn from this section as to what does or does not amount to copying a work.
[cf. 1988 c. 48 s. 21 U.K.]

30. Secondary infringement: importing or exporting infringing copy
The copyright in a work is infringed by a person who, without the licence of the copyright owner, imports into Hong Kong or exports from Hong Kong, otherwise than for his private and domestic use, a copy of the work which is, and which he knows or has reason to believe to be, an infringing copy of the work.
[cf. 1988 c. 48 s. 22 U.K.]

### Copyright Ordinance 《版權條例》

31. Secondary infringement: dealing with infringing copy
(Amended 16 of 2022 s. 16)(1) The copyright in a work is infringed by a person who, without the licence of the copyright owner— (Amended 64 of 2000 s. 2)
(a) possesses for the purpose of or in the course of any trade or business; (Replaced 64 of 2000 s. 2. Amended 15 of 2007 s. 7)
(b) sells or lets for hire, or offers or exposes for sale or hire;
(c) exhibits in public or distributes for the purpose of or in the course of any trade or business; or (Replaced 64 of 2000 s. 2. Amended 15 of 2007 s. 7)
(d) distributes (otherwise than for the purpose of or in the course of any trade or business) to such an extent as to affect prejudicially the owner of the copyright, (Amended 64 of 2000 s. 2; 15 of 2007 s. 7)
a copy of a work which is, and which he knows or has reason to believe to be, an infringing copy of the work.
(2) It is immaterial for the purpose of subsection (1)(a) and (c) whether or not the trade or business consists of dealing in infringing copies of copyright works. (Added 64 of 2000 s. 2)
(3) For the purposes of subsection (1)(d), in determining whether any distribution of an infringing copy of a work is made to such an extent as to affect prejudicially the owner of the copyright, the court may take into account all the circumstances of the case and, in particular—
(a) the purpose of the distribution;
(b) the nature of the work, including its commercial value (if any);
(c) the amount and substantiality of the portion copied (in relation to the work as a whole) that was distributed;
(d) the mode of the distribution; and
(e) the economic prejudice (if any) caused to the owner of the copyright as a consequence of the distribution, including the effect of the distribution on the potential market for, or value of, the work. (Added 16 of 2022 s. 16)
[cf. 1988 c. 48 s. 23 U.K.]

### Copyright Ordinance 《版權條例》

32. Secondary infringement: providing means for making infringing copies
(1) Copyright in a work is infringed by a person who, without the licence of the copyright owner—
(a) makes;
(b) imports into Hong Kong or exports from Hong Kong;
(c) possesses for the purpose of or in the course of any trade or business; or (Amended 64 of 2000 s. 3; 15 of 2007 s. 8)
(d) sells or lets for hire, or offers or exposes for sale or hire,
an article specifically designed or adapted for making copies of that work, knowing or having reason to believe that it is to be used to make infringing copies.
(2) Copyright in a work is infringed by a person who, without the licence of the copyright owner, transmits the work by means of a telecommunications system (otherwise than by communicating to the public), knowing or having reason to believe that infringing copies of the work will be made by means of the reception of the transmission in Hong Kong or elsewhere. (Amended 16 of 2022 s. 17)
(3) It is immaterial for the purpose of subsection (1)(c) whether or not the trade or business consists of dealing in articles specially designed or adapted for making copies of copyright works. (Added 64 of 2000 s. 3)
[cf. 1988 c. 48 s. 24 U.K.]

33. Secondary infringement: permitting use of premises for infringing performance
(1) Where the copyright in a work is infringed by a performance at a place of public entertainment, any person who gave permission for that place to be used for the performance is also liable for the infringement unless when he gave permission he believed on reasonable grounds that the performance would not infringe copyright.
(2) In this section place of public entertainment (公眾娛樂場所) includes premises which are occupied mainly for other purposes but are from time to time made available for hire for the purposes of public entertainment.
[cf. 1988 c. 48 s. 25 U.K.]