### Prevention of Copyright Piracy Ordinance 《防止盜用版權條例》

19. Authority to issue warrant for entry and search
(1) A magistrate may, if he is satisfied by information on oath that there are reasonable grounds for suspecting that there is in any place—
(a) any optical disc which has been manufactured in contravention of this Part; or
(b) any machinery, equipment or other thing which may be or may contain, or which may likely be or contain, evidence of an offence under this Part,
issue a warrant authorizing an authorized officer to enter and search the place. (Amended 64 of 2000 s. 25)
(2) Subject to subsection (3), an authorized officer shall not enter and search any place under section 18(1)(a) except under the authority of a warrant issued under this section.
(3) An authorized officer may enter and search any place under section 18(1)(a) without a warrant issued under this section if the delay necessary to obtain a warrant could result in the loss or destruction of evidence or for any other reason it would not be reasonably practicable to obtain a warrant.

21. Manufacturing optical discs without licence, etc.
(1) Any person who contravenes section 3 commits an offence and is liable—
(a) on a first conviction, to a fine of $500,000 and to imprisonment for 2 years; and
(b) on a second or subsequent conviction, to a fine of $1,000,000 and to imprisonment for 4 years.
(2) Any person who contravenes section 4 or 15 commits an offence and is liable—
(a) on a first conviction, to a fine at level 6 and to imprisonment for 2 years; and
(b) on a second or subsequent conviction, to a fine of $200,000 and to imprisonment for 4 years.
(3) Any licensee who manufactures optical discs in contravention of any conditions endorsed on his licence commits an offence and is liable—
(a) on a first conviction, to a fine at level 2 and to imprisonment for 6 months; and
(b) on a second or subsequent conviction, to a fine at level 4 and to imprisonment for 1 year.
(4) Any person who contravenes section 9 or 10 commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months.
(5) In any proceedings for an offence under subsection (3), it shall be a defence for the person charged to prove that he took all reasonable steps and exercised all due diligence to avoid the commission of the offence.

### Prevention of Copyright Piracy Ordinance 《防止盜用版權條例》

22. Applying false manufacturer’s code, etc.
(1) Any person who—
(a) forges a manufacturer’s code;
(b) falsely applies to an optical disc a manufacturer’s code or any mark so resembling a manufacturer’s code as to be calculated to deceive;
(c) makes any die, block, machine or other instrument for the purpose of forging, or of being used for forging, a manufacturer’s code;
(d) disposes of or has in his possession any die, block, machine or other instrument for the purpose of forging a manufacturer’s code; or
(e) causes to be done anything referred to in paragraph (a), (b), (c) or (d),
commits an offence.
(2) Any person who commits an offence under subsection (1) is liable—
(a) on a first conviction, to a fine of $500,000 and to imprisonment for 2 years; and
(b) on a second or subsequent conviction, to a fine of $1,000,000 and to imprisonment for 4 years.
(3) In any proceedings for an offence under subsection (1) it shall be a defence for the person charged to prove that he acted without intent to deceive or defraud.

23. False and misleading statements
Any person who makes any false or misleading statement or furnishes any false or misleading information in connection with—
(a) any application made, or notice given, by him under this Part; or
(b) any request by the Commissioner or an authorized officer for information under this Part,
commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months.
(Amended 64 of 2000 s. 27)

30. Form of applications, etc.
(1) Every application under this Part shall be made to the Commissioner in such form and manner as he may require.
(2) Every application made under this Part must be accompanied by— (Amended 64 of 2000 s.29)
(a) any fee applicable under Schedule 2; and
(b) a statement in writing containing such particulars as the Commissioner may require.
(3) Any application made under this Part by a body corporate may be signed by any director, manager, secretary or other similar officer of the body corporate who is authorized in that behalf by the body corporate, and the Commissioner may require such proof of the authorization as he considers necessary.
(4) Any application made under this Part by a partnership must be signed by at least one of its partners, and the Commissioner may require such proof of the partnership as he considers necessary.
(Amended 64 of 2000 s. 29)

### Prevention of Copyright Piracy Ordinance 《防止盜用版權條例》

31. Register
(1) The Commissioner shall establish and maintain a register in such form and containing such information respecting licences and manufacturers’ codes as he thinks fit.
(2) The Commissioner shall make the register available to public inspection subject to such conditions as he thinks fit.

31A. Aids in proof
(1) A certificate purporting to be certified under the hand of the Commissioner and stating whether—
(a) a person named in the certificate has or has not been granted a licence;
(b) a licence granted to a person named in the certificate has or has not expired or has or has not been revoked or cancelled; or
(c) a manufacturer’s code specified or described in the certificate has or has not been assigned under section 5(2)(a) or 8(3)(b) to a person named in the certificate, (Amended L.N. 29 of 2004) 
shall be evidence of the matters stated therein as at the date of the certificate and shall be received in evidence in any proceedings under this Part without further proof.
(2) A copy of any licence which purports to be certified under the hand of the Commissioner shall be evidence of the licence and of the matters stated therein as at the date of the copy and shall be received in evidence in any proceedings under this Part without further proof.
(Added 64 of 2000 s. 30)

31B. Disclosure of information, inspection, release of samples, etc.
Sections 126 and 128 of the Copyright Ordinance (Cap. 528) shall apply in respect of any optical disc, machinery, equipment or other thing seized, removed or detained by an authorized officer under section 18(2) or any machinery, equipment or other thing sealed by an authorized officer under section 18(5), with such modifications as the circumstances require.
(Added 64 of 2000 s. 30)