### Prevention of Copyright Piracy Ordinance 《防止盜用版權條例》

34. Seized optical discs, etc., liable to forfeiture
(1) Any optical disc, machinery, equipment, video recording equipment or other thing seized, removed, detained or sealed by an authorized officer under this Ordinance is liable to forfeiture in accordance with this section and whether or not any person has been charged with an offence under this Ordinance.
(2) Sections 131 and 133 of the Copyright Ordinance (Cap. 528) shall apply in respect of anything liable to forfeiture under subsection (1), with such modifications as the circumstances require.
(3) For the purpose of applying sections 131 and 133 of the Copyright Ordinance (Cap. 528), any reference in those sections to—
(a) an offence under section 118, 119A or 120 of that Ordinance shall be construed as a reference to an offence under this Ordinance; (Amended 4 of 2004 s. 7)
(b) an article, vessel, aircraft, vehicle or thing seized or detained by an authorized officer under section 122 of that Ordinance shall be construed as a reference to any optical disc, machinery, equipment, video recording equipment or other thing seized, removed, detained or sealed by an authorized officer under this Ordinance; or
(c) section 132 of that Ordinance shall be construed as a reference to section 35 of this Ordinance.
(Replaced 64 of 2000 s. 34)

35. Disposal of optical discs, etc., where a person is charged
Without prejudice to section 34, where a person is charged with an offence under this Ordinance, the court may, if it is satisfied that—
(a) any optical disc seized, removed or detained by an authorized officer under this Ordinance in connection with the offence has been manufactured in contravention of this Ordinance; or
(b) any machinery, equipment, video recording equipment or other thing seized, removed, detained or sealed by an authorized officer under this Ordinance has been used in connection with any offence under this Ordinance,
order that the optical disc, machinery, equipment, video recording equipment or other thing be—
(i) forfeited to the Government; or
(ii) disposed of in such other way as the court may think fit,
whether or not the person charged is convicted of the offence with which he was charged.
(Replaced 64 of 2000 s. 34)

### Prevention of Copyright Piracy Ordinance 《防止盜用版權條例》

36. Compensation for seizure, etc.
(1) Where any optical disc, machinery, equipment, video recording equipment or other thing is seized, removed, detained or sealed by an authorized officer under this Ordinance, the Government shall, subject to this section, be liable to compensate the owner thereof for any loss suffered by him by reason of the seizure, removal, detention or sealing thereof or by reason that the optical disc, machinery, equipment, video recording equipment or other thing is lost or damaged during the period when it is detained or sealed; but the owner shall not be entitled to compensation for any such loss if—
(a) the optical disc, machinery, equipment, video recording equipment or thing is forfeited under section 34 or 35;
(b) the owner has been convicted of an offence under this Ordinance or the Copyright Ordinance (Cap. 528) committed in relation to the optical disc, machinery, equipment, video recording equipment or thing; or
(c) an order has been made in respect of the optical disc, machinery, equipment, video recording equipment or thing under section 35.
(2) In any proceedings against the Government in respect of a claim for compensation on any of the grounds referred to in subsection (1), the amount of the compensation recoverable shall be such amount as is just and equitable in all the circumstances of the case, including the conduct and comparative blameworthiness of—
(a) the owner of the optical disc, machinery, equipment, video recording equipment or thing;
(b) the person in charge or control of the optical disc, machinery, equipment, video recording equipment or thing at the time it was seized, removed, detained or sealed;
(c) the agents of the person specified in paragraphs (a) and (b); and
(d) authorized officers, public officers and other persons concerned.
(3) No proceedings shall be maintainable in respect of any claim for compensation on any of the grounds referred to in subsection (1) unless the proceedings are commenced—
(a) in the case of a claim for compensation in respect of any optical disc, machinery, equipment, video recording equipment or thing delivered to its owner by order of a court or magistrate or by any person having authority to deliver the optical disc, machinery, equipment, video recording equipment or thing to him, not later than 6 months after the delivery thereof;
(b) in the case of a claim for compensation on the ground that any optical disc, machinery, equipment, video recording equipment or thing was lost during the period when it was detained or sealed, not later than 6 months after—
(i) the discovery by the owner of the existence of such ground; or
(ii) the date on which the owner could, by the exercise of reasonable diligence, have discovered the existence of such ground,
whichever is the earlier.
(Replaced 64 of 2000 s. 34)

### Prevention of Copyright Piracy Ordinance 《防止盜用版權條例》

36A. Offences related to disclosure of information
(1) Subject to subsection (2), any person who discloses to any other person any information obtained by him in pursuance of this Ordinance commits an offence unless the disclosure was made—
(a) for the purpose of the performance by him or any other person of duties or functions under this Ordinance; or
(b) under the direction or order of a court.
(2) A person does not commit an offence under subsection (1) by disclosing information pursuant to section 31B or 37.
(3) Any person who commits an offence under subsection (1) is liable on conviction to a fine at level 4 and to imprisonment for 1 year.
(Added 64 of 2000 s. 34)

36B. Liability of persons other than principal offender
(1) Where a body corporate commits an offence under this Ordinance in respect of any act which is proved to have been committed with the consent or connivance of, or to be attributable to any act on the part of, any director, manager, secretary or other similar officer of the body corporate or any person purporting to act in any such capacity, he, as well as the body corporate, commits the offence.
(2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts of a member in connection with his functions of management as if he were a director of the body corporate.
(3) Where an offence under this Ordinance committed by a partner in a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any act on the part of, any other partner of the partnership or any person concerned in the management of the partnership, that other partner or the person concerned in the management of the partnership commits the like offence.
(Added 64 of 2000 s. 34)

36C. Protection of informers
(1) Save where, in the opinion of the court, justice so requires, the name or identity of any informer and the information given by such informer shall not be disclosed in any proceedings for an offence under this Ordinance.
(2) The court may make any order and adopt any procedure necessary to prevent any such disclosure.
(Added 64 of 2000 s. 34)

36D. Time limit for prosecutions
No prosecution for an offence under this Ordinance shall be commenced after the expiration of 3 years from the date of commission of the offence.
(Added 64 of 2000 s. 34. Amended 15 of 2007 s. 78)