### Copyright Ordinance 《版權條例》

141. Inspection of articles, release of samples, etc.
(1) Where an article is seized or detained pursuant to a detention order, the Commissioner or an authorized officer shall—
(a) give the right holder sufficient opportunity to inspect the article for the purpose of substantiating his claim; and
(b) give the importer an equivalent opportunity to inspect the article for the purpose of refuting the right holder’s claim.
(2) Where more than one article is seized or detained pursuant to a detention order, the Commissioner or an authorized officer may permit the right holder or the importer to remove samples of the seized or detained articles if the right holder or the importer, as the case may be, gives the Commissioner or authorized officer the requisite undertakings.
(3) For the purposes of subsection (2), the requisite undertakings are undertakings in writing that the person giving the undertaking will—
(a) return the samples to the Commissioner or authorized officer at a specified time that is satisfactory to the Commissioner or authorized officer; and
(b) take reasonable care to prevent unnecessary damage to the samples.
(4) If the Commissioner or an authorized officer permits the inspection of any seized or detained article, or the removal of a sample, by the right holder in accordance with this section, the Government is not liable to the importer for any loss or damage suffered by the importer arising out of—
(a) damage to any article incurred during the inspection; or
(b) anything done by the right holder or any other person to, or in relation to, a sample removed by the right holder or any use made by the right holder of such sample.

142. Costs payable
(1) The Commissioner may assess the costs incurred by the Government in connection with the carrying out of a detention order and may deduct those costs from the amount paid as a deposit by the right holder under section 138(2).
(2) Any costs assessed under subsection (1) shall be payable by the right holder to the Government and recoverable as a civil debt.

### Copyright Ordinance 《版權條例》

143. Compensation payable to importer, etc.
(1) Where an article is seized or detained pursuant to a detention order and the article is released pursuant to section 138(6), the importer, the consignee or the owner of the article may, within 6 months after the date on which the order is made, apply to the Court of First Instance for compensation for any loss or damage suffered by him by reason of the seizure or detention. 
(2) Where—
(a) an article is seized or detained pursuant to a detention order;
(b) an action for infringement is brought under this Part in respect of the article within the period referred to in section 138(6), as may be extended under section 138(7); and
(c) the action is discontinued, the claim of infringement is withdrawn or the court in the infringement proceedings determines that the infringement is not proved,
the importer, the consignee or the owner of the article may, within 6 months after the date on which the action is discontinued, the claim is withdrawn or the court renders its determination, as the case may be, apply to the Court of First Instance for compensation for any loss or damage suffered by him by reason of the seizure or detention.
(3) On an application under subsection (1) or (2), the Court of First Instance may make such order for compensation as it deems fit.
(Amended 25 of 1998 s. 2)

144. Rules
The power to make rules of court under section 54 of the High Court Ordinance (Cap. 4) includes power to make rules of court regulating and prescribing the procedure and the practice to be followed in the Court of First Instance under this Division, and any matter incidental to or relating to that procedure or practice, including rules prescribing any matter or thing that under this Division is to be or may be prescribed by rules of court.
(Amended 25 of 1998 s. 2)

### Copyright Ordinance 《版權條例》

145. Licensing schemes and licensing bodies
(1)  In this Part a licensing scheme (特許計劃) means a scheme setting out—
(a) the classes of case in which the operator of the scheme, or the person on whose behalf he acts, is willing to grant copyright licences; and
(b) the terms on which licences would be granted in those classes of case,

and for this purpose a scheme (計劃) includes anything in the nature of a scheme, whether described as a scheme or as a tariff or by any other name.
(2) In this section copyright licences (版權特許) means licences to do, or authorize the doing of, any of the acts restricted by copyright.
(3) References in this Division to licences or licensing schemes covering works of more than one author do not include licences or schemes covering only—
(a) a single collective work or collective works of which the authors are the same; or
(b) works made or distributed by, or by employees of or commissioned by, a single individual, firm, company or group of companies,
and for this purpose a group of companies (公司集團) has the meaning given by section 2(1) of the Companies Ordinance (Cap. 622). (Amended 28 of 2012 ss. 912 & 920)
(4) In this Division—
licensing body (特許機構) means a society or other organization, whether registered under section 149 or not, which has as its main object, or one of its main objects, the negotiation or granting, either as owner or prospective owner of copyright or as agent for him, of copyright licences, and whose objects include the granting of licences covering works of more than one author;
register (註冊紀錄冊) means the register of copyright licensing bodies established under section 147;
Registrar (處長) means the Registrar of Copyright Licensing Bodies specified in section 146;
registration (註冊) means the entry of the name of a licensing body in the register in accordance with section 149 and registered (註冊) is construed accordingly.
[cf. 1988 c. 48 s. 116 U.K.]

146. Registrar of Copyright Licensing Bodies
The Director of Intellectual Property is the Registrar of Copyright Licensing Bodies.

147. Maintenance of register and inspection
(1) The Registrar shall establish and maintain a register of copyright licensing bodies in such form and manner as he determines and containing such particulars as he thinks fit.
(2) The register is to be open for inspection in such place and in such manner and subject to the payment of such appropriate fee as may be specified by the Registrar by notice in the Gazette.