### Copyright Ordinance 《版權條例》

114. Remedies for infringement of moral rights
(1) An infringement of a right conferred by Division IV (moral rights) is actionable as a breach of statutory duty owed to the person entitled to the right.
(2) In proceedings for infringement of the right conferred by section 92 (right to object to derogatory treatment of work) the court may, if it thinks it is an adequate remedy in the circumstances, grant an injunction on terms prohibiting the doing of any act unless a disclaimer is made, in such terms and in such manner as may be approved by the court, dissociating the author or director from the treatment of the work.
[cf. 1988 c. 48 s. 103 U.K.]

115. Presumptions relevant to literary, dramatic, musical and artistic works
(1) The following presumptions apply in proceedings brought by virtue of this Division with respect to a literary, dramatic, musical or artistic work.
(2) Where a name purporting to be that of the author appeared on copies of the work as published or on the work when it was made, the person whose name appeared is presumed, until the contrary is proved—
(a) to be the author of the work;
(b) to have made it in circumstances not falling within section 14(1), 182, 184 or 188 (works produced in course of employment, Government copyright, Legislative Council copyright or copyright of certain international organizations).
(3) In the case of a work alleged to be a work of joint authorship, subsection (2) applies in relation to each person alleged to be one of the authors.
(4) Where no name purporting to be that of the author appeared as mentioned in subsection (2) but a name purporting to be that of the publisher appeared on copies of the work as first published, the person whose name appeared is presumed, until the contrary is proved, to have been the owner of the copyright at the time of publication.
(5) If the author of the work is dead or the identity of the author cannot be ascertained by reasonable inquiry, it is presumed, in the absence of evidence to the contrary—
(a) that the work is an original work; and
(b) that the plaintiff’s allegations as to what was the first publication of the work and as to the country of first publication are correct.
[cf. 1988 c. 48 s. 104 U.K.]

### Copyright Ordinance 《版權條例》

117. Presumptions relevant to works subject to Government copyright
In proceedings brought by virtue of this Division with respect to a literary, dramatic or musical work in which Government copyright subsists, where there appears on printed copies of the work a statement of the year in which the work was first published commercially, that statement is admissible as evidence of the fact stated and is presumed to be correct in the absence of evidence to the contrary.
[cf. 1988 c. 48 s. 106 U.K.]

### Copyright Ordinance 《版權條例》

118A. Application of sections 60 and 61 to offences under section 118(1)
For the purpose of any proceedings for an offence under section 118(1)—
(a) a person is a lawful user of a computer program for the purposes of sections 60 and 61 if he has a contractual right to use the program in any place in or outside Hong Kong, and section 60(2) shall have effect accordingly; and
(b) sections 60 and 61 apply in relation to a copy of a work other than a computer program to which section 35A(1) applies as they apply in relation to a copy of a computer program and, accordingly, any act that may under section 60 or 61 be done in relation to a copy of a computer program without infringing the copyright in the program may be done in relation to a copy of a work other than a computer program to which section 35A(1) applies without infringing the copyright in the work.
(Added 27 of 2003 s. 4)

119. Penalties for offences under section 118
(1) A person who commits an offence under section 118(1) or (2A) is liable on conviction on indictment to a fine at level 5 in respect of each infringing copy and to imprisonment for 4 years. (Amended 64 of 2000 s. 8; 15 of 2007 s. 32)
(2) A person who commits an offence under section 118(4) or (8) is liable on conviction on indictment to a fine of $500,000 and to imprisonment for 8 years.
(3) A person who commits an offence under section 118(8B) is liable on conviction on indictment to a fine at level 5 in respect of each copyright work and to imprisonment for 4 years. (Added 16 of 2022 s. 64)

### Copyright Ordinance 《版權條例》

119A. Offence in relation to possession of infringing copies in a copying service business
(1) In this section—
copying service business (複製服務業務) means a business, conducted for profit, that includes the offering of reprographic copying services to the public and, in the case of a business that includes the offering of reprographic copying services to the public at more than one place, means any part of the business carried on at such a place;
reward (報酬) means reward other than reward of a nominal value.
(2) A person commits an offence if, for the purpose of or in the course of a copying service business, he possesses a reprographic copy of a copyright work as published in a book, magazine or periodical, being a copy that is an infringing copy of the copyright work.
(3) In proceedings for an offence under subsection (2), it is a defence for the person charged to prove that the infringing copy of a copyright work in question was not made for the purpose of and was not made in the course of the copying service business.
(4) In proceedings for an offence under subsection (2), it is a defence for the person charged to prove that the infringing copy of a copyright work in question was not made for profit and was not made for reward.
(5) In proceedings for an offence under subsection (2), it is a defence for the person charged to prove that he did not know and had no reason to believe that the copy of a copyright work in question was an infringing copy of the copyright work.
(6) A person who commits an offence under subsection (2) is liable on conviction on indictment to a fine at level 5 in respect of each infringing copy and to imprisonment for 4 years.
(7) Sections 115, 116 and 117 (presumptions as to various matters connected with copyright) do not apply to proceedings for an offence under subsection (2).
(Added 4 of 2004 s. 3)