### Land Drainage Ordinance 《土地排水條例》

48. Certain Ordinances not to apply
Except to the extent that provision is otherwise made in this Ordinance—
(a) the Lands Resumption Ordinance (Cap. 124) shall not apply to the resumption of land under section 37; and (Amended 29 of 1998 s. 87)
(b) the Foreshore and Sea-bed (Reclamations) Ordinance (Cap. 127) shall not apply to drainage works executed under section 18, temporary works carried out under section 19 or removal works carried out under section 20, 21, 26(4) or 27(5).

49. Limitation of public liability
(1) Without prejudice to the right to compensation under section 36, no liability shall rest upon the Government or upon any public officer by reason of the fact that any drainage works or works are carried out in accordance with the provisions of this Ordinance, nor shall anything in this Ordinance make it obligatory for the Drainage Authority to inspect any watercourse, land or structure to ascertain that the provisions of this Ordinance are complied with or that plans submitted to him are accurate. (Amended 61 of 1999 s. 3)
(2) No matter or thing done by the Drainage Authority or by any public officer acting under his direction shall, if it were done bona fide for the purpose of carrying out the provisions of this Ordinance, subject him or such public officer personally to any action, liability, claim or demand whatsoever.

50. (Omitted as spent—E.R. 3 of 2021)

### Layout-design (Topography) of Integrated Circuits Ordinance 《集成電路的布圖設計(拓樸圖)條例》

1. Short title
This Ordinance may be cited as the Layout-design (Topography) of Integrated Circuits Ordinance.

### Layout-design (Topography) of Integrated Circuits Ordinance 《集成電路的布圖設計(拓樸圖)條例》

3. Protected layout-designs (topographies)
(1) This Ordinance protects a layout-design (topography) that is owned by a qualified owner and—
(a) is original in the sense that it is the result of its creator’s own intellectual effort and is not commonplace among creators of layout-designs (topographies) and manufacturers of integrated circuits at the time of its creation; or
(b) in the case of a layout-design (topography) that consists of a combination of elements and interconnections that are commonplace, the combination, taken as a whole, is original in the sense that it is the result of its creator’s own intellectual effort and is not commonplace among creators of layout-designs (topographies) and manufacturers of integrated circuits at the time of its creation.
(2) This Ordinance does not protect a layout-design (topography) that is created before the commencement* of this Ordinance.
(3) This Ordinance protects all independently created layout-designs (topographies) referred to in subsection (1), even if they are identical and, subject to section 6, regardless of when they are, on or after the commencement of this Ordinance, created.
(4) A layout-design (topography) shall be deemed not to have been created until it has been recorded in documentary form or incorporated into an integrated circuit.

Editorial Note:
* Commencement date: 31 March 1994.

4. Rights of a qualified owner
(1) A qualified owner has the right—
(a) to reproduce, whether by incorporation into an integrated circuit or otherwise, all or part of his protected layout-design (topography); or
(b) to commercially exploit his protected layout-design (topography), an integrated circuit in which his protected layout-design (topography) is incorporated or an article that contains an integrated circuit in which his protected layout-design (topography) is incorporated.
(2) It is an infringement of a qualified owner’s right in a protected layout-design (topography) for any person other than the qualified owner to do the acts referred to in subsection (1).

### Layout-design (Topography) of Integrated Circuits Ordinance 《集成電路的布圖設計(拓樸圖)條例》

5. Non-infringing acts
Despite section 4(2), it is not, for the purposes of this Ordinance, an infringement of a qualified owner’s right in a protected layout-design (topography)—
(a) if the reproduction or commercial exploitation is done with the qualified owner’s consent;
(b) if the reproduction is done privately not for the purpose of commercial exploitation;
(c) if the reproduction is done for the sole purpose of evaluation, analysis, research or teaching;
(d) to use the results of an evaluation, analysis or research of the layout-design (topography) to create a different layout-design (topography) that would be a protected layout-design (topography);
(e) for a qualified owner of a protected layout-design (topography) that is, as referred to in section 3(3), identical to the qualified owner’s protected layout-design (topography) to do the acts referred to in section 4(1); or
(f) to commercially exploit an integrated circuit in which the layout-design (topography) is incorporated or an article that contains an integrated circuit in which the layout-design (topography) is incorporated after that integrated circuit or that article has been put on the market anywhere in the world with the qualified owner’s consent.

6. Duration of layout-design (topography) protection
(1) A layout-design (topography) ceases to be a protected layout-design (topography) 10 years after the end of the year in which it was first commercially exploited, with the qualified owner’s consent, anywhere in the world.
(2) Where a layout-design (topography) has not been commercially exploited, with the qualified owner’s consent, anywhere in the world, within 15 years after the end of the year in which it was created, it ceases to be a protected layout-design (topography) at the end of that time.

7. Civil remedies for infringement
(1) A qualified owner may take whatever proceedings and seek whatever remedy by way of damages, injunctions, accounts or otherwise with respect to an infringement of his rights in a protected layout-design (topography) as are available with respect to any other property rights.
(2) In any proceeding in which damages may be awarded, the court may, having regard to all of the circumstances of the case including the flagrancy of the infringement and any benefit accruing to the defendant by reason of the infringement, award additional damages.

### Layout-design (Topography) of Integrated Circuits Ordinance 《集成電路的布圖設計(拓樸圖)條例》

8. Order for delivery up
(1) Where a person has in his possession, custody or control—
(a) for commercial exploitation purposes an integrated circuit in which a protected layout-design (topography) is incorporated; or
(b) anything specifically designed or adapted for making integrated circuits to a particular layout-design (topography), knowing or having reason to believe that it has been or is to be used to make an integrated circuit in which a protected layout-design (topography) is incorporated,
a qualified owner of the protected layout-design (topography) may apply to the court for an order that the integrated circuit or the thing referred to in paragraph (b) be delivered to the qualified owner or to another person that the court specifies.
(2) The court shall not make an order for delivery up unless it also makes, or it appears to the court that there are grounds for making, an order under section 9.
(3) An application for an order under this section shall not be made after 6 years after the integrated circuit or the thing referred to in subsection (1)(b) was made.
(4) Despite subsection (3), if during the whole or any part of the 6 years the qualified owner is under a disability or is prevented by fraud or concealment from discovering the facts entitling him to apply for an order, an application may be made at any time before the end of 6 years after the date on which he ceased to be under a disability or, as the case may be, could with reasonable diligence have discovered the facts.
(5) A person to whom an integrated circuit or the thing referred to in subsection (1)(b) is delivered up shall, if an order under section 9 is not made at the time of the order under this section, retain the integrated circuit or thing pending the making of an order, or a decision not to make an order, under section 9.