### Copyright Ordinance 《版權條例》

258. Free public showing or playing of broadcast or cable programme
(1) The showing or playing in public of a broadcast or cable programme (other than an encrypted broadcast or cable programme) to an audience who have not paid for admission to the place where the broadcast or programme is to be seen or heard does not infringe any right conferred by this Part in relation to a performance or fixation included in—
(a) the broadcast or cable programme; or
(b) any sound recording or film which is played or shown in public by reception of the broadcast or cable programme.
(2) The audience are treated as having paid for admission to a place—
(a) if they have paid for admission to a place of which that place forms part; or
(b) if goods or services are supplied at that place (or a place of which it forms part)—
(i) at prices which are substantially attributable to the facilities afforded for seeing or hearing the broadcast or programme; or
(ii) at prices exceeding those usually charged there and which are partly attributable to those facilities.
(3) The following are not regarded as having paid for admission to a place—
(a) persons admitted as residents or inmates of the place which is operated by a charitable organization and the facilities therein are provided not for profit;
(b) persons admitted as members of a club or society whose main objects are charitable or are otherwise concerned with the advancement of religion, education or social welfare and where the payment is only for membership of the club or society and the provision of facilities for seeing or hearing broadcasts or programmes is only incidental to the main purposes of the club or society.
(4) Where the making of the broadcast or inclusion of the programme in a cable programme service was an infringement of the rights conferred by this Part in relation to a performance or fixation, the fact that it was heard or seen in public by the reception of the broadcast or programme is to be taken into account in assessing the damages for that infringement.
(5) Expressions used in this section have the same meaning as in section 81.
[cf. 1988 c. 48 Sch. 2 para. 18 U.K.]

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.
(2) Expressions used in this section have the same meaning as in section 81A.
(Added 15 of 2007 s. 65)

### Copyright Ordinance 《版權條例》

260. Provision of sub-titled copies of broadcast or cable programme
(1) A designated body may, for the purpose of providing people who are deaf or hard of hearing, or physically or mentally handicapped in other ways, with copies which are sub-titled or otherwise modified for their special needs, make recordings of television broadcasts or cable programmes without infringing any right conferred by this Part in relation to a performance or fixation included in the broadcast or cable programme.
(2) Recording is not authorized by this section if, or to the extent that, licences under licensing schemes are available authorizing the recording in question and the person making the recordings knew or ought to have been aware of that fact.
(3) In this section designated body (指定機構) means a body designated for the purposes of section 83 and other expressions used in this section have the same meaning as in that section.
[cf. 1988 c. 48 Sch. 2 para. 20 U.K.]

261. Recording of broadcast or cable programme for archival purposes
(1) A recording of a broadcast or cable programme of a designated class, or a copy of such a recording, may be made for the purpose of being placed in an archive maintained by a designated body without thereby infringing any right conferred by this Part in relation to a performance or fixation included in the broadcast or cable programme.
(2) In this section designated class (指定類別) and designated body (指定機構) mean a class and a body respectively designated for the purposes of section 84 and other expressions used in this section have the same meaning as in that section.
[cf. 1988 c. 48 Sch. 2 para. 21 U.K.]

262. Definitions
In this Division—
detention order (扣留令) means an order made under section 264(1);
right holder (權利持有人) means—
(a) the performer of a performance in which performer’s rights subsist under this Part or the exclusive licensee of the performer’s economic rights in such a performance; or
(b) the person who has fixation rights in relation to the performance.

### Copyright Ordinance 《版權條例》

263. Application for detention order
(1) A right holder may apply to the Court of First Instance for an order under section 264(1) where he has reasonable grounds for suspecting that the importation of an article that constitutes an infringing fixation of the performance in respect of which he is a right holder may take place. (Amended 25 of 1998 s. 2)
(2) An application under subsection (1) may be made ex parte but with previous notice to the Commissioner.
(3) An application under subsection (1) must be in such form as is prescribed by rules of court and must be supported by an affidavit of the right holder which—
(a) states that at the time the application is made rights in performances subsist under this Part in the performance in question;
(b) states whether the deponent is the owner or the exclusive licensee of the rights in performances conferred by this Part;
(c) where the deponent purports to be the exclusive licensee, states the facts and exhibits such documents relied upon by the deponent to establish that he is the exclusive licensee;
(d) states that a copy of the fixation of the performance exhibited to the affidavit is an authorized copy of the fixation;
(e) states the grounds for the application, including the facts relied upon by the deponent as showing that the article in question is prima facie an infringing fixation;
(f) sets out a sufficiently detailed description of the article in question to make it readily recognizable by the Commissioner;
(g) sets out particulars regarding the expected mode of transportation and the expected date of importation and, if available, particulars identifying the importer; and
(h) sets out such other information and exhibits such other documents as may be prescribed by rules of court.
(4) No application may be made under subsection (1) with respect to an article in transit.
(5) No application may be made under subsection (1) with respect to the importation by a person of an article for his private and domestic use.
(6) Section 121 applies in respect of an affidavit made in accordance with subsection (3) by the exclusive licensee of the performer’s economic rights that subsist in a qualifying performance under this Part in the same manner as it would apply if the affidavit were made by the owner of those rights.