### Copyright Ordinance 《版權條例》

126. Disclosure of information, etc.
(1) Where any article seized or detained under section 122 is, or is reasonably suspected by the Commissioner to be—
(a) an infringing copy of a copyright work; (Amended 16 of 2022 s. 67)
(b) an article specifically designed or adapted for making copies of a particular copyright work which has been used, or is intended to be used, for the making of infringing copies of any such work; or (Amended 16 of 2022 s. 67)
(c) if an effective technological measure under section 273C(1) has been applied in relation to a copyright work—a relevant device as defined by section 273C(2), (Added 16 of 2022 s. 67)
the Commissioner shall, wherever reasonably practicable, notify the owner of the copyright in question or his authorized agent of the seizure or detention, as the case may be.
(2) In the circumstances specified in subsection (1), the Commissioner may disclose to the owner of the copyright or to his authorized agent—
(a) the time, and the address or place, of seizure or detention of the article;
(b) the name and address of the person from whom the article has been seized or detained;
(c) the nature and quantity of articles seized or detained;
(d) any statement made to the Commissioner or an authorized officer by the person in connection with the seizure or detention, either with the prior consent in writing of that person or without such consent where the person is dead or cannot after reasonable enquiries by the Commissioner as to his whereabouts be found by the Commissioner; and
(e) any other information or document relating to the article seized or detained which the Commissioner thinks fit to disclose.
(3) The owner of the copyright or his authorized agent—
(a) where he seeks disclosure of any information or document that is not referred to in subsection (2); or
(b) where information or a document that is referred to in subsection (2) is not disclosed by the Commissioner,
may apply to the Court of First Instance for an order requiring the Commissioner to disclose such information or document and the Court of First Instance may on such an application make such order for disclosure as it thinks fit.(Amended 25 of 1998 s. 2)
(4) An application under subsection (3) may be begun by motion with previous notice to the Commissioner.

127. Protection of informers in criminal proceedings
(1) Save where, in the opinion of the court, justice so requires, the name or identity of any informer and the information given by such informer shall not be disclosed in any criminal proceedings under this Part.
(2) The court may make any order and adopt any procedure necessary to prevent any such disclosure.

### Copyright Ordinance 《版權條例》

129. Multilateral co-operation
The Commissioner may, for the purpose of promoting multi-lateral co-operation in the protection of intellectual property rights, disclose information obtained in pursuance of this Ordinance to the customs authorities or other authorities responsible for the enforcement of intellectual property rights of—
(a) any country, territory or area which is, at the relevant time, a member of the World Trade Organization; or
(b) such other country, territory or area as the Commissioner thinks fit.

130. Offences relating to disclosure of information
(1) Subject to subsection (2), any person who discloses to any other person any information obtained by him in pursuance of this Ordinance commits an offence unless the disclosure was made—
(a) for the purpose of the performance by him or any other person of functions under this Ordinance; or
(b) under the direction or order of a court.
(2) A person does not commit an offence under subsection (1) by—
(a) disclosing information under section 126(1) or (2) or under an order of the Court of First Instance under section 126(3);
(b) disclosing information under section 129; 
(c) disclosing information under section 140(1) or under an order of the Court of First Instance made under section 140(2); or
(d) disclosing information under section 267(1) or under an order of the Court of First Instance made under section 267(2). (Amended 25 of 1998 s. 2)
(3) Any person who commits an offence under subsection (1) is liable on conviction to a fine at level 4 and to imprisonment for 1 year.

### Copyright Ordinance 《版權條例》

132. Disposal of articles, etc. where a person is charged
Without prejudice to section 131, where a person is charged with an offence under section 118, 119A, 119B, 120 or 273C the court may, if it is satisfied that any article, vessel, aircraft, vehicle or thing seized or detained by an authorized officer under section 122 in connection with the offence— (Amended 4 of 2004 s. 5; 15 of 2007 s. 38; 16 of 2022 s. 70)
(a) is an infringing copy of a copyright work;
(b) is an article specifically designed or adapted for making copies of a particular copyright work which article has been used, or is intended to be used, for making infringing copies of any such work; or
(c) has been used in connection with any offence under this Ordinance,
order that the article, vessel, aircraft, vehicle or thing be—
(i) forfeited to the Government; (Amended 22 of 1999 s. 3)
(ii) delivered up to the person who appears to the court to be the owner of the copyright concerned; or
(iii) disposed of in such other way as the court may think fit,
whether or not the person charged is convicted of the offence with which he was charged.

### Copyright Ordinance 《版權條例》

134. Jurisdiction of District Court
(1) The District Court may entertain proceedings under—
(a) section 109 (order for delivery up of infringing copy or other article);
(b) section 111 (order as to disposal of infringing copy or other article); or
(c) section 113(7) (order as to exercise of rights by copyright owner where exclusive licensee has concurrent rights),
where the value of the infringing copies, or the alleged infringing copies, and other articles 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. 115 U.K.]

135. Definitions
In this Division—
detention order (扣留令) means an order made under section 137(1);
right holder (權利持有人) means the owner or exclusive licensee of the copyright that subsists in a work under this Ordinance.