### Copyright Ordinance 《版權條例》

236. Denial of protection to people of countries, etc. not giving adequate protection to Hong Kong performers
(1) Subject to subsection (5), if it appears to the Chief Executive in Council that performer’s rights of Hong Kong performers or fixation rights of Hong Kong qualifying persons are not adequately protected in a country, territory or area as a result of any prejudicial treatment given to those performers or qualifying persons by that country, territory or area, the Chief Executive in Council may by regulation in accordance with this section restrict the rights conferred by this Part in relation to the performances of the performers connected with that country, territory or area or in relation to fixations made by qualifying persons connected with that country, territory or area.
(2) The Chief Executive in Council shall designate in the regulation the country, territory or area concerned and provide that, for the purposes specified in the regulation, a performance given or a fixation made after a date specified in the regulation does not qualify for protection under this Part—
(a) in the case of a performance, if at the time of the performance the performer is an individual domiciled or resident or having a right of abode in that country, territory or area (and not at the same time domiciled or resident or having a right of abode in Hong Kong); or
(b) in the case of a fixation, if at the time of the making of the fixation, the maker is—
(i) an individual domiciled or resident or having a right of abode in that country, territory or area (and not at the same time domiciled or resident or having a right of abode in Hong Kong); or 
(ii) a body incorporated under the law of that country, territory or area, 
and the regulation may make such provision for all the purposes of this Part or for such purposes as are specified in the regulation, and either generally or in relation to such class of cases as are specified in the regulation, having regard to the nature and extent of that prejudicial treatment referred to in subsection (1).
(3) In this section Hong Kong performers (香港表演者) means a performer who is an individual domiciled or resident or having a right of abode in Hong Kong.
(4)  In this section Hong Kong qualifying persons (香港合資格的人) means a qualifying person who is—
(a) an individual domiciled or resident or having a right of abode in Hong Kong; or
(b) a body incorporated under the law of Hong Kong.

(5) The Chief Executive in Council shall not exercise his power under this section in relation to a country, territory or area which is a party to a bilateral or multilateral copyright or related right convention to which Hong Kong is also a party or the application of which has been extended to Hong Kong.
(Amended 22 of 1999 s. 3)

### Copyright Ordinance 《版權條例》

237. Transitional provisions and savings
Schedule 3 contains transitional provisions and savings relating to performances given and acts or events occurring, before the commencement of this Part, and otherwise with respect to the operation of the provisions of this Part.

238. Expressions having same meaning as in copyright provisions
(1) The following expressions have the same meaning in this Part as in Part II (copyright)—
article in transit;
artistic work; (Added 15 of 2007 s. 59)
authorized officer;
broadcast;
business;
cable programme;
cable programme service;
Commissioner;
communication to the public; (Added 16 of 2022 s. 86)
Copyright Tribunal;
export;
film;
import;
literary work;
published; and
sound recording.
(1A) In sections 207(1A), 211(1A) and 228(1A), dealing in (經營) includes buying, selling, letting for hire, importing, exporting and distributing.(Added 64 of 2000 s. 15)
(2) The provisions of section 8(3) to (5), sections 9(4) and 27(4) (supplementary provisions relating to broadcasting and cable programme services) apply for the purposes of this Part, and in relation to an infringement of the rights conferred by this Part, as they apply for the purposes of Part II and in relation to an infringement of copyright.
[cf. 1988 c. 48 s. 211 U.K.]

### Copyright Ordinance 《版權條例》

239. Index of defined expressions
The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression used only in the same section)—      artistic work (Added 15 of 2007 s. 60)   section 238(1) (and section 5)  broadcast (and related expressions)  section 238 (and section 8)   business (Amended 64 of 2000 s. 16)   section 238(1) (and section 198(1))  cable programme, cable programme service (and related expressions)  section 238 (and section 9)  communication to the public (Added 16 of 2022 s. 87)  section 238(1) (and section 28A(2))  consent of performer (in relation to performer’s economic rights)  section 215(2)   copy and copying   section 203   dealing in (Added 64 of 2000 s. 16)   section 238(1A)   exclusive fixation contract   section 208(1)   exclusive licence   section 218   film   section 238(1) (and section 7)   fixation (of a performance)   section 200(2)   fixation rights (person having)   section 208(2) and (3)   infringing fixation   section 229   literary work   section 238(1) (and section 4(1))   performance   section 200(2)   performer   section 200(2)   performer’s economic rights   section 215(1)   performer’s non-economic rights   section 224(1)   published   section 238(1) (and section 196)   qualifying performance   section 201   qualifying person   section 234   rental right (Added 15 of 2007 s. 60)   section 207A(4)   right of distribution   section 204(5)   right of making available to the public   section 205(5)   right of reproduction   section 203(4)  rights owner (in relation to performer’s economic rights)  section 215(3) and (4)   sound recording   section 238(1) (and section 6) 
[cf. 1988 c. 48 s. 212 U.K.]

### Copyright Ordinance 《版權條例》

240. Introductory
(1) The provisions of this Division specify acts which may be done in relation to a performance or fixation notwithstanding the rights conferred by this Part; they relate only to the question of infringement of those rights and do not affect any other right or obligation restricting the doing of any of the specified acts.
(2) In determining whether an act specified in this Division may be done in relation to a performance or fixation notwithstanding the rights conferred by this Part, the primary consideration is that the act does not conflict with a normal exploitation of the performance or fixation by the rights owner of the rights conferred by this Part and does not unreasonably prejudice the legitimate interests of the rights owner of those rights.
(3) No inference is to be drawn from the description of any act which may by virtue of this Division be done without infringing the rights conferred by this Part as to the scope of those rights.
(4) The provisions of this Division are to be construed independently of each other, so that the fact that an act does not fall within one provision does not mean that it is not covered by another provision.
[cf. 1988 c. 48 Sch. 2 para. 1 U.K.]