### Copyright Ordinance 《版權條例》

172. Constitution for purposes of proceedings
(1) For the purposes of any proceedings the Copyright Tribunal shall consist of—
(a) a chairman, who is either the Chairman or the Deputy Chairman of the Tribunal; and
(b) 2 or more ordinary members.
(1A) Notwithstanding subsection (1), any proceedings specified for the purposes of this subsection in rules made under section 174 (general procedures rules) may be heard and determined by any of the following persons sitting alone—
(a) the Chairman of the Tribunal;
(b) the Deputy Chairman of the Tribunal; or
(c) a suitably qualified ordinary member of the Tribunal appointed by the Chairman of the Tribunal. (Added 15 of 2007 s. 42)
(2) If the members of the Tribunal dealing with any matter are not unanimous, the decision shall be taken by majority vote; and if, in such a case, the votes are equal the chairman shall have a further, casting vote.
(3) Where part of any proceedings before the Tribunal has been heard and one or more members of the Tribunal are unable to continue, the Tribunal remains duly constituted for the purpose of those proceedings so long as the number of members is not reduced to less than 3.
(4) If the chairman is unable to continue, the Chairman of the Tribunal shall—
(a) appoint one of the remaining members to act as chairman; and
(b) appoint a suitably qualified person to attend the proceedings and advise the members on any questions of law arising.
(5) A person is suitably qualified (具備適合資格) for the purposes of subsection (1A) or (4)(b) if he is, or is eligible for appointment as, a Deputy Chairman of the Tribunal. (Amended 15 of 2007 s. 42; E.R. 2 of 2019)
[cf. 1988 c. 48 s. 148 U.K.]

173. Jurisdiction of Tribunal
The Copyright Tribunal has jurisdiction under this Part to hear and determine proceedings under—
(a) section 14 (determination of award to employee for use of work outside reasonable contemplation);
(b) section 155, 156 or 157 (reference of licensing scheme);
(c) section 158 or 159 (application with respect to entitlement to licence under licensing scheme);
(d) section 162, 163 or 165 (reference or application with respect to licensing by licensing body);
(e) paragraph 6 of Schedule 2 (contrary rights);
(f) paragraph 14(3) of Schedule 2 (acts infringing copyright).
[cf. 1988 c. 48 s. 149 U.K.]

### Copyright Ordinance 《版權條例》

174. General power to make rules
(1) The Chief Justice may make rules for regulating proceedings before the Copyright Tribunal, as to the fees chargeable in respect of such proceedings, and as to the enforcement of orders made by the Tribunal.
(2) The rules may apply in relation to the Tribunal any of the provisions of the Arbitration Ordinance (Cap. 609) and any provisions so applied must be set out in or scheduled to the rules. (Amended 17 of 2010 s. 112)
(3) The rules may—
(a) prohibit the Tribunal from entertaining a reference under section 155, 156 or 157 by a representative organization unless the Tribunal is satisfied that the organization is reasonably representative of the class of persons which it claims to represent;
(b) specify the parties to any proceedings and enabling the Tribunal to make a party to the proceedings any person or organization satisfying the Tribunal that they have a substantial interest in the matter;
(c) require the Tribunal to give the parties to proceedings an opportunity to state their case, in writing or orally as the rules may provide.
(4) The rules may make provision for regulating or prescribing any matter incidental to or consequential upon any appeal from the Tribunal under section 176 (appeal to the court on point of law).
[cf. 1988 c. 48 s. 150 U.K.]

175. Costs, proof of orders, etc.
(1) The Copyright Tribunal may, in special circumstances, order that the costs of a party to proceedings before it shall be paid by such other party as the Tribunal may direct; and the Tribunal may tax or settle the amount of the costs, or direct in what manner they are to be taxed.
(2) The Chief Justice may by rules prescribe the special circumstances for the purpose of subsection (1).
(3) A document purporting to be a copy of an order of the Tribunal and to be certified by the chairman to be a true copy is, in any proceedings, sufficient evidence of the order unless the contrary is proved.
[cf. 1988 c. 48 s. 151 U.K.]

### Copyright Ordinance 《版權條例》

176. Appeal to court on point of law
(1) An appeal lies on any point of law arising from a decision of the Copyright Tribunal to the Court of First Instance. (Amended 25 of 1998 s. 2)
(2) The rules made under section 174 may limit the time within which an appeal may be brought.
(3) The rules made under that section may provide—
(a) for suspending, or authorizing or requiring the Tribunal to suspend, the operation of orders of the Tribunal in cases where its decision is appealed against;
(b) for modifying in relation to an order of the Tribunal whose operation is suspended the operation of any provision of this Part as to the effect of the order;
(c) for the publication of notices or the taking of other steps for securing that persons affected by the suspension of an order of the Tribunal will be informed of its suspension.
[cf. 1988 c. 48 s. 152 U.K.]

177. Qualification for copyright protection
(1) Copyright subsists in a work if—
(a) the author satisfies the qualification requirements set out in section 178; or
(b) it is published in Hong Kong or elsewhere; or
(c) in the case of a broadcast or cable programme, it is made or sent from Hong Kong or elsewhere.
(2) If the qualification requirements of this Division, or section 182, 184 or 188 (Government copyright, Legislative Council copyright or copyright of certain international organizations) are once satisfied in respect of a work, copyright does not cease to subsist by reason of any subsequent event.
[cf. 1988 c. 48 s. 153 U.K.]

178. Qualification by reference to author
(1) A work qualifies for copyright protection if the author was at the material time—
(a) an individual domiciled or resident or having a right of abode in Hong Kong or elsewhere; or
(b) a body incorporated under the law of any country, territory or area.
(2) A work of joint authorship qualifies for copyright protection if at the material time any of the authors satisfies the requirements of subsection (1); but where a work qualifies for copyright protection only under this section, only those authors who satisfy those requirements are taken into account for the purposes of—
sections 13 and 14(1) (first ownership of copyright; entitlement of author or author’s employer);
sections 17 and 19 (duration of copyright) and section 11(4) (meaning of unknown authorship