### Copyright Ordinance 《版權條例》

246A. Fair dealing for purposes of public administration
(1) Fair dealing with a performance or fixation by the Government, the Executive Council, the Judiciary or any District Council for the purposes of efficient administration of urgent business does not infringe any of the rights conferred by this Part.
(2) In determining whether any dealing with a performance or fixation 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 performance or fixation;
(c) the amount and substantiality of the portion dealt with in relation to the performance or fixation as a whole; and
(d) the effect of the dealing on the potential market for or value of the performance or fixation.
(3) Where a fixation which apart from this section would be an infringing fixation is made in accordance with this section but is subsequently dealt with, it is to be treated as an infringing fixation—
(a) for the purpose of that dealing; and
(b) if that dealing infringes any of the rights conferred by this Part, for all subsequent purposes.
(3A) For the purposes of subsection (3), a fixation is dealt with if it is—
(a) possessed, shown or played 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. (Added 16 of 2022 s. 96)
(4) Expressions used in this section have the same meaning as in section 54A.
(Added 15 of 2007 s. 63)

246B. Legislative Council
(1) The rights conferred by this Part are not infringed by—
(a) anything done for the purposes of the proceedings of the Legislative Council or for the purposes of reporting such proceedings; 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) Expressions used in this section have the same meaning as in section 54B.
(Added 15 of 2007 s. 63)

### Copyright Ordinance 《版權條例》

247. Judicial proceedings
(Amended 15 of 2007 s. 64)(1) The rights conferred by this Part are not infringed by anything done for the purposes of judicial proceedings or for the purpose of reporting such proceedings. (Amended 15 of 2007 s. 64)
(2) Expressions used in this section have the same meaning as in section 54.
[cf. 1988 c. 48 Sch. 2 para. 8 U.K.]

248. Statutory inquiries
(1) The rights conferred by this Part are not infringed by anything done for the purposes of the proceedings of a statutory inquiry or for the purpose of reporting any such proceedings held in public.
(2) Expressions used in this section have the same meaning as in section 55.
[cf. 1988 c. 48 Sch. 2 para. 9 U.K.]

249. Public records
(1) Material which is comprised in public records which are open to public inspection may be copied, and a copy may be supplied to any person without infringing any right conferred by this Part.
(2) Expressions used in this section have the same meaning as in section 58.
[cf. 1988 c. 48 Sch. 2 para. 10 U.K.]

250. Acts done under statutory authority
(1) Where the doing of a particular act is specifically authorized by an Ordinance, whenever enacted, then, unless the Ordinance provides otherwise, the doing of that act does not infringe the rights conferred by this Part.
(2) Nothing in this section is to be construed as excluding any defence of statutory authority otherwise available under or by virtue of any Ordinance.
(3) Expressions used in this section have the same meaning as in section 59.
[cf. 1988 c. 48 Sch. 2 para. 11 U.K.]

### Copyright Ordinance 《版權條例》

251. Transfer of fixations of performances in electronic form
(1) This section applies where a fixation of a performance in electronic form (other than such a fixation which was made available to the public) has been purchased on terms which, expressly or impliedly or by virtue of any rule of law, allow the purchaser to make further fixations in connection with his use of the fixation.
(2) If there are no express terms—
(a) prohibiting the transfer of the fixation by the purchaser, imposing obligations which continue after a transfer, prohibiting the assignment of any consent or terminating any consent on a transfer; or
(b) providing for the terms on which a transferee may do the things which the purchaser was permitted to do,
anything which the purchaser was allowed to do may also be done by a transferee without infringement of the rights conferred by this Part, but any fixation made by the purchaser which is not also transferred is to be treated as an infringing fixation for all purposes after the transfer.
(3) Subsection (2) applies where the original purchased fixation is no longer usable and what is transferred is a further copy used in its place.
(4) The above provisions also apply on a subsequent transfer, with the substitution for references in subsection (2) to the purchaser of references to the subsequent transferor.
(5) This section does not apply in relation to a fixation purchased before the commencement of this Part.
(6) Expressions used in this section have the same meaning as in section 64.
[cf. 1988 c. 48 Sch. 2 para. 12 U.K.]

252. Certain copying permitted when performances communicated to the public
(Amended 16 of 2022 s. 97)The rights conferred by this Part in a fixed performance are not infringed by the copying of a fixation which is reasonably required for the viewing or listening of the fixation by a member of the public to whom the fixation is communicated provided that such act does not conflict with a normal exploitation of the fixation and does not unreasonably prejudice the legitimate interests of the performer or the person who has fixation rights in relation to the performance.
(Amended 16 of 2022 s. 97)