### Copyright Ordinance 《版權條例》

136. Application for detention order
(1) A right holder may apply to the Court of First Instance for an order under section 137(1) where he has reasonable grounds for suspecting that the importation of an article that constitutes an infringing copy of the work 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 copyright subsists under this Part in the work in question;
(b) states whether the deponent is the owner or the exclusive licensee of the copyright;
(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 work exhibited to the affidavit is an authorized copy of the work;
(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 copy;
(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 copyright that subsists in a work under this Part in the same manner as it would apply if the affidavit were made by the owner of the copyright.

### Copyright Ordinance 《版權條例》

137. Issuance of detention order
(1) Where, on the hearing of an application made under section 136, the right holder presents adequate evidence to satisfy the Court of First Instance that the article in question is prima facie an infringing copy, the Court of First Instance may make an order directing the Commissioner or an authorized officer to take reasonable measures to seize or detain the article on or after its importation.
(2) The Court of First Instance may require the right holder to provide security or an equivalent assurance in an amount sufficient to protect the importer and any other person having an interest in the article to be seized or detained, including the consignee and the owner of the article, from any loss or damage that may be incurred in the event that the seizure or detention is wrongful or the article is released to the importer under section 138(6).
(3) A detention order may contain such terms and conditions as the Court of First Instance considers appropriate.
(4) The Court of First Instance shall not make a detention order with respect to any article that has been seized or detained by, and that is in the custody of, the Commissioner or an authorized officer pursuant to any law.
(5) Where the Commissioner or an authorized officer seizes or detains an article pursuant to any law, other than this Division or Division III of Part III, any detention order made with respect to that article ceases to have effect.
(6) Where the Court of First Instance makes a detention order, the right holder shall forthwith serve a copy of the order on the Commissioner.
(7) A detention order has effect from the date on which it is made or such later date as may be specified by the Court of First Instance and ceases to have effect 60 days from that date unless the Commissioner or an authorized officer has, pursuant to the order and within that period, seized or detained any article to which the order applies.
(Amended 25 of 1998 s. 2)

### Copyright Ordinance 《版權條例》

139. Variation or setting aside of detention order
(1) The Commissioner or the right holder may at any time apply to the Court of First Instance to vary the detention order.
(2) The importer or any other person affected by the detention order may at any time apply to the Court of First Instance to vary or set aside the order.
(3) A person who makes an application under subsection (1) or (2) shall give to the other parties such notice of the day fixed for the hearing of the application as a judge of the Court of First Instance may order.
(4) On the hearing of an application under subsection (1) or (2) to vary the detention order, the Court of First Instance may vary the order in such manner as it thinks just.
(5) On the hearing of an application under subsection (2) to set aside the detention order, the Court of First Instance may set aside the order on such terms and conditions as it thinks just.
(6) For the purposes of subsection (3)—
(a) the parties to an application under subsection (1) are the Commissioner, the right holder and, if the article in question has been seized or detained pursuant to the detention order, the importer and any other person to whom notice is required to be given under section 138(5); and
(b) the parties to an application under subsection (2) are the Commissioner, the right holder, the applicant and the importer, if the importer is not the applicant.
(Amended 25 of 1998 s. 2)

### Copyright Ordinance 《版權條例》

140. Disclosure of information
(1) Where an article is seized or detained pursuant to a detention order, the Commissioner may disclose to the right holder—
(a) the names and addresses of the importer, the consignor and the consignee;
(b) the nature and quantity of articles seized or detained pursuant to the order;
(c) any statement made to the Commissioner or an authorized officer by any person in connection with the seizure or detention, either with the prior consent in writing of that person or without such consent where the person is dead or cannot after reasonable enquiries by the Commissioner as to his whereabouts be found by the Commissioner; and
(d) any other information or document relating to any article seized or detained pursuant to the order which the Commissioner thinks fit to disclose.
(2) Where the right holder seeks disclosure of—
(a) any information or document that is not referred to in subsection (1); or
(b) any information or document that is referred to in subsection (1) but which the Commissioner has not disclosed,
he may apply to the Court of First Instance for an order requiring the Commissioner to disclose such information or document and the Court of First Instance may on such an application make such order for disclosure as it deems fit. (Amended 25 of 1998 s. 2)
(3) An application under subsection (2) may be begun by motion with previous notice to the Commissioner.