### Copyright Ordinance 《版權條例》

52. Copying by librarians, curators or archivists: certain unpublished works
(Amended 16 of 2022 s. 39)(1) The librarian, curator or archivist of a specified library, museum or archive may, if the prescribed conditions are complied with, make and supply a copy of the whole or part of— (Amended 16 of 2022 s. 39)
(a) a literary, dramatic, musical or artistic work from a document (including a document in electronic form); or
(b) a sound recording or film,
in the library, museum or archive without infringing any copyright in the work or any illustrations accompanying it or in the sound recording or film.
(2) This section does not apply if—
(a) the work had been published before it was deposited in the library, museum or archive; or
(b) the copyright owner has prohibited copying of the work,
and at the time the copy is made the librarian, curator or archivist making it is, or ought to be, aware of that fact.
(3) The prescribed conditions must include the following—
(a) that copies are supplied only to persons satisfying the librarian, curator or archivist that they require them for purposes of research or private study and will not use them for any other purpose;
(b) that no person is furnished with more than one copy of the same material; and
(c) that persons to whom copies are supplied are required to pay for them a sum not less than the cost (including a contribution to the general expenses of the library, museum or archive) attributable to their production.
(Amended 16 of 2022 s. 39)[cf. 1988 c. 48 s. 43 U.K.]

### Copyright Ordinance 《版權條例》

52A. Playing or showing by librarians, curators or archivists: sound recordings or films
(1) If the condition specified in subsection (2) is complied with, the librarian, curator or archivist of a specified library, museum or archive may play or show any sound recording or film held in the permanent collection of the library, museum or archive to an audience consisting of members of the public within the premises of the library, museum or archive, without infringing the copyright in the sound recording or film or any work included in the sound recording or film.
(2) The condition is that if the audience is required to pay for the playing or showing of the sound recording or film, the payment required is no more than a reasonable contribution towards the maintenance of the library, museum or archive.
(3) The playing or showing of a sound recording or film is not authorized by this section if, or to the extent that, licences under licensing schemes are available authorizing the playing or showing in question and the person playing or showing the sound recording or film in question knew or ought to have been aware of that fact.
(Added 16 of 2022 s. 40)

53. Copying by librarians, curators or archivists: articles of cultural or historical importance
(Amended 16 of 2022 s. 41)The librarian, curator or archivist of a specified library, museum or archive may make a copy of an article of cultural or historical importance or interest and deposit the copy at the library, museum or archive without infringing any copyright in respect of the article if the article is likely to be lost to Hong Kong through sale or export.
(Amended 16 of 2022 s. 41)[cf. 1988 c. 48 s. 44 U.K.]

### Copyright Ordinance 《版權條例》

54A. Fair dealing for purposes of public administration
(1) Fair dealing with a work by the Government, the Executive Council, the Judiciary or any District Council for the purposes of efficient administration of urgent business does not infringe the copyright in the work or, in the case of a published edition, in the typographical arrangement.
(2) In determining whether any dealing with a work is fair dealing under subsection (1), the court shall take into account all the circumstances of the case and, in particular—
(a) the purpose and nature of the dealing, including whether the dealing is for a non-profit-making purpose and whether the dealing is of a commercial nature;
(b) the nature of the work;
(c) the amount and substantiality of the portion dealt with in relation to the work as a whole; and
(d) the effect of the dealing on the potential market for or value of the work.
(3) Where a copy which apart from this section would be an infringing copy is made in accordance with this section but is subsequently dealt with, it is to be treated as an infringing copy—
(a) for the purpose of that dealing; and
(b) if that dealing infringes copyright, for all subsequent purposes.
(4) For the purposes of subsection (3), a copy is dealt with if it is—
(a) possessed, exhibited in public or distributed (otherwise than for the purposes mentioned in subsection (1)) for the purpose of or in the course of any trade or business; or
(b) sold or let for hire, or offered or exposed for sale or hire. (Replaced 16 of 2022 s. 42)
(Added 15 of 2007 s. 17)

54B. Legislative Council
(1) Copyright is not infringed by—
(a) anything done for the purposes of the proceedings of the Legislative Council; or
(b) anything done by or on behalf of—
(i) the members of the Legislative Council; or
(ii) The Legislative Council Commission,

for the purposes of the exercise and discharge by the Legislative Council of its powers and functions.
(2) Copyright is not infringed by anything done for the purposes of reporting the proceedings of the Legislative Council; but this is not to be construed as authorizing the copying of a work which is itself a published report of the proceedings.
(Added 15 of 2007 s. 17)

### Copyright Ordinance 《版權條例》

54. Judicial proceedings
(Amended 15 of 2007 s. 18)(1) Copyright is not infringed by anything done for the purposes of judicial proceedings. (Amended 15 of 2007 s. 18)
(2) Copyright is not infringed by anything done for the purposes of reporting such proceedings; but this is not to be construed as authorizing the copying of a work which is itself a published report of the proceedings.
[cf. 1988 c. 48 s. 45 U.K.]

55. Statutory inquiries
(1) Copyright is not infringed by anything done for the purposes of the proceedings of a statutory inquiry.
(2) Copyright is not infringed by anything done for the purposes of reporting any such proceedings held in public; but this is not to be construed as authorizing the copying of a work which is itself a published report of the proceedings.
(3) Copyright in a work is not infringed by communicating to the public the report of a statutory inquiry containing the work or material from it or by issuing copies of the report to the public. (Amended 16 of 2022 s. 43)
(4) In this section—

statutory inquiry (法定研訊) means an inquiry held or investigation conducted in pursuance of—
(a) the Commissions of Inquiry Ordinance (Cap. 86); or
(b) a duty imposed or power conferred by or under an Ordinance.
[cf. 1988 c. 48 s. 46 U.K.]