### Copyright Ordinance 《版權條例》

226. Consent
(1) Consent for the purposes of this Part by a person having a performer’s non-economic rights, or by a person having fixation rights, may be given in relation to a specific performance, to a specified description of performances or to performances generally, and may relate to past or future performances.
(2) A person having fixation rights in a performance is bound by any consent given by a person through whom he derives his rights under the exclusive fixation contract or licence in question, in the same way as if the consent had been given by him.
(3) Where a performer’s non-economic right passes to another person, any consent binding on the person previously entitled binds the person to whom the right passes in the same way as if the consent had been given by him.
[cf. 1988 c. 48 s. 193 U.K.]

227. Infringement actionable
An infringement of a performer’s non-economic rights is actionable as a breach of statutory duty owed to the person entitled to the rights.

228. Order for delivery up
(1) Where a person has in his possession, custody or control for the purpose of or in the course of any trade or business an infringing fixation of a performance, a person having performer’s rights or fixation rights in relation to the performance under this Part may apply to the court for an order that the fixation be delivered up to him or to such other person as the court may direct. (Amended 64 of 2000 s. 14; 15 of 2007 s. 55)
(1A) It is immaterial for the purpose of subsection (1) whether or not the trade or business consists of dealing in infringing fixations. (Added 64 of 2000 s. 14)
(2) An application may not be made after the end of the period specified in section 230; and the court shall not make an order unless the court also makes, or it appears to the court that there are grounds for making, an order under section 231 (order as to disposal of infringing fixation).
(3) A person to whom a fixation is delivered up in pursuance of an order under this section shall, if an order under section 231 is not made, retain it pending the making of an order, or the decision not to make an order, under that section.
(4) Nothing in this section affects any other power of the court.
[cf. 1988 c. 48 s. 195 U.K.]

### Copyright Ordinance 《版權條例》

229A. Imported fixation not an infringing fixation

230. Period after which remedy of delivery up not available
(1) An application for an order under section 228 (order for delivery up in civil proceedings) may not be made after the end of the period of 6 years from the date on which the infringing fixation in question was made, subject to the following provisions of this section.
(2) If during the whole or any part of that period a person entitled to apply for an order—
(a) is under a disability; or
(b) is prevented by fraud or concealment from discovering the facts entitling him to apply,
an application may be made by him at any time before the end of the period of 6 years from the date on which he ceased to be under a disability or, as the case may be, could with reasonable diligence have discovered those facts.
(3) In subsection (2) disability (無行為能力) has the same meaning as in the Limitation Ordinance (Cap. 347).
[cf. 1988 c. 48 s. 203 U.K.]

### Copyright Ordinance 《版權條例》

231. Order as to disposal of infringing fixation
(1) An application may be made to the court for an order that an infringing fixation of a performance delivered up in pursuance of an order under section 228 should be—
(a) forfeited to such person having performer’s rights or fixation rights in relation to the performance as the court may direct; or
(b) destroyed or otherwise dealt with as the court may think fit,
or for a decision that no such order should be made.
(2) In considering what order (if any) should be made, the court shall consider whether other remedies available in an action for infringement of the rights conferred by this Part would be adequate to compensate the person or persons entitled to the rights and to protect their interests.
(3) The power to make rules of court under section 54 of the High Court Ordinance (Cap. 4) includes power to make rules of court for the purposes of this section. (Amended 25 of 1998 s. 2)
(4) The rules of court for the purposes of this section may include rules as to the service of notice on persons having an interest in the fixation, and any such person is entitled—
(a) to appear in proceedings for an order under this section, whether or not he was served with notice; and
(b) to appeal against any order made, whether or not he appeared.
(5) An order under this section does not take effect until the end of the period within which notice of an appeal may be given or, if before the end of that period notice of appeal is duly given, until the final determination or abandonment of the proceedings on the appeal.
(6) Where there is more than one person interested in a fixation, the court shall make such order as it thinks just and may (in particular) direct that the fixation be sold, or otherwise dealt with, and the proceeds divided.
(7) If the court decides that no order should be made under this section, the person in whose possession, custody or control the fixation was before being delivered up is entitled to its return.
(8) References in this section to a person having an interest in a fixation include any person in whose favour an order could be made in respect of the fixation under this section or under section 111 (which makes similar provision in relation to infringement of copyright).
[cf. 1988 c. 48 s. 204 U.K.]

### Copyright Ordinance 《版權條例》

232. Jurisdiction of District Court
(1) The District Court may entertain proceedings under—
(a) section 228 (order for delivery up of infringing fixation); or
(b) section 231 (order as to disposal of infringing fixation),
where the value of the infringing fixation in question does not exceed the limit for actions in tort set out in section 32(1) of the District Court Ordinance (Cap. 336). (Amended 28 of 2000 s. 45)
(2) Nothing in this section affects the jurisdiction of the Court of First Instance. (Amended 25 of 1998 s. 2)
[cf. 1988 c. 48 s. 205 U.K.]

233. Jurisdiction of Copyright Tribunal
(1) The Copyright Tribunal has jurisdiction under this Part to hear and determine proceedings under—
(a) section 213 (application to give consent on behalf of owner of the right of reproduction);
(aa) section 213A (application to give consent on behalf of owners of performers’ rental right); (Added 15 of 2007 s. 58)
(b) paragraph 6 of Schedule 3 (contrary rights).
(2) The provisions of Division IX of Part II (general provisions relating to the Copyright Tribunal) apply in relation to the Tribunal when exercising any jurisdiction under this Part.
[cf. 1988 c. 48 s. 205B U.K.]

234. Qualifying person
In this Part qualifying person (合資格的人) means—
(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,
subject to section 236.
[cf. 1988 c. 48 s. 206 U.K.]

235. Ships, aircraft and hovercraft registered in Hong Kong
This Part applies to things done on a ship, aircraft or hovercraft registered under the law of Hong Kong as it applies to things done in Hong Kong.
[cf. 1988 c. 48 s. 210 U.K.]