### Registered Designs Ordinance 《註冊外觀設計條例》

93. Restrictions on remedies
(1) The registered proprietor of a design deemed by section 91 to be registered under this Ordinance shall not be entitled to recover any damages in respect of any infringement of the design from any defendant who proves that at the date of the infringement he was not aware, nor had any reasonable means of making himself aware, of the existence of the registration of the design under the Registered Designs Act 1949.
(2) Nothing in subsection (1) shall affect any proceedings for an injunction.
(3) The court shall have the power, upon the application of any person who alleges that his interests have been prejudicially affected by this section, to declare that exclusive privileges and rights in a design have not been acquired in Hong Kong under section 91 upon any of the grounds upon which the United Kingdom registration might have been cancelled under the Registered Designs Act 1949; such grounds shall be deemed to include the publication of the design in Hong Kong prior to the date of registration of the design under that Act.
(4) In any proceedings for infringement of a design deemed by section 91 to be registered under this Ordinance, the court shall apply—
(a) the law of the United Kingdom in relation to infringements occurring before the date of commencement* of this Ordinance; and
(b) the law of Hong Kong in relation to infringements occurring on or after the date of commencement of this Ordinance.

Editorial Note:
* Commencement date: 27 June 1997.

96. Repeal and savings
(1) The United Kingdom Designs (Protection) Ordinance (Cap. 44) is repealed.
(2) Any thing done under—
(a) the United Kingdom Designs (Protection) Ordinance (Cap. 44); or
(b) the Registered Designs Act 1949 (1949 c. 88 U.K.), as amended and as applied to Hong Kong by the United Kingdom Designs (Protection) Ordinance (Cap. 44),
shall, if in force on the commencement* of this Ordinance, and so far as it could have been done under this Ordinance, continue in force and have effect as if done under the corresponding provisions of this Ordinance.
(3) A reference in any document to the United Kingdom Designs (Protection) Ordinance (Cap. 44) shall, unless the context otherwise requires, be construed as a reference to this Ordinance.

Editorial Note:
* Commencement date: 27 June 1997.

### Official Secrets Ordinance 《官方機密條例》

1. Short title
(Amended E.R. 6 of 2020)(1) This Ordinance may be cited as the Official Secrets Ordinance.
(2) (Omitted as spent—E.R. 6 of 2020)

### Official Secrets Ordinance 《官方機密條例》

13. Security and intelligence information—members of services and persons notified
(1) A person who is or has been—
(a) a member of the security and intelligence services; or
(b) a person notified that he is subject to the provisions of this subsection,
commits an offence if without lawful authority he discloses any information, document or other article relating to security or intelligence that is or has been in his possession by virtue of his position as a member of any of those services or in the course of his work while the notification is or was in force.
(2) The reference in subsection (1) to disclosing information relating to security or intelligence includes a reference to making any statement that purports to be a disclosure of such information or is intended to be taken by those to whom it is addressed as being such a disclosure.
(3) It is a defence for a person charged with an offence under this section to prove that, at the time of the alleged offence, he did not know and had no reasonable cause to believe that the information, document or article in question related to security or intelligence.
(4) Notification that a person is subject to subsection (1) shall be effected by a notice in writing served on him by the Chief Executive, and such a notice may be served if, in the Chief Executive’s opinion, the work undertaken by the person in question is or includes work connected with the security or intelligence services and its nature is such that the interests of the security of Hong Kong require that he should be subject to that subsection. (Amended 6 of 2024 s. 167)
(5) Subject to subsection (6), a notification for the purposes of subsection (1) shall be in force for the period of 5 years beginning with the day on which it is served but may be renewed by further notices under subsection (4) for periods of 5 years at a time.
(6) A notification for the purposes of subsection (1) may at any time be revoked by a further notice in writing served by the Chief Executive on the person concerned and the Chief Executive shall serve such a further notice as soon as, in his opinion, the work undertaken by that person ceases to be such as is mentioned in subsection (4). (Amended 6 of 2024 s. 167)
[cf. 1989 c. 6 s. 1 U.K.]

### Official Secrets Ordinance 《官方機密條例》

14. Security and intelligence information—public servants and contractors
(1) A person who is or has been a public servant or government contractor commits an offence if without lawful authority he makes a damaging disclosure of any information, document or other article relating to security or intelligence that is or has been in his possession by virtue of his position as such but otherwise than as mentioned in section 13(1).
(2) For the purposes of subsection (1), a disclosure is damaging if—
(a) the disclosure causes damage to the work of, or any part of, the security or intelligence services;
(b) the information, document or article in question is of such a nature that its unauthorized disclosure would be likely to cause such damage; or
(c) the information, document or article in question falls within a class or description of information, documents or articles the unauthorized disclosure of which would be likely to have that effect.
(3) It is a defence for a person charged with an offence under this section to prove that, at the time of the alleged offence, he did not know and had no reasonable cause to believe that—
(a) the information, document or article in question related to security or intelligence; or
(b) the disclosure would be damaging within the meaning of subsection (2).
[cf. 1989 c. 6 s. 1 U.K.]