### Copyright Ordinance 《版權條例》

148. Application for registration and renewal
(1) A licensing body may apply for registration or renewal of registration in such form and manner as may be specified by the Registrar.
(2) An application must be accompanied by—
(a) the appropriate prescribed fee; and
(b) a statement in writing containing such particulars as may be specified by the Registrar either generally or in respect of the application.
(3) An application by a body corporate may be signed by any person authorized in that behalf by such body corporate and the Registrar may require such proof of that authorization as he considers necessary.
(4) An application by a partnership must be signed by each partner.
(5) A fee paid under this section is not refundable whether the application is approved or not.

149. Registration, issue of certificate of registration
(1) The Registrar may approve an application for registration and enter the name of the applicant in the register if the Registrar is satisfied—
(a) that the applicant is a fit and proper person to be registered; and
(b) with respect to the future, with the availability to the public of information relating to the scales of copyright royalty charges by the applicant for different uses, at least by the following means—
(i) by setting the scales out in its brochures and licence application forms;
(ii) by exhibiting the scales in the registered office and places of business of the applicant conspicuously to the public; and
(iii) by publishing the scales in an English language newspaper and a Chinese language newspaper in Hong Kong on a day within the 2 weeks after the issue of the certificate of registration.
(2) Upon entry of the name of the applicant in the register, the Registrar shall issue to the applicant a certificate of registration in such form as the Registrar determines specifying the requirements with respect to—
(a) the publication of scales of copyright royalty charges; and
(b) the charging of copyright royalty charges not exceeding the scales published,
which the licensing body must comply with.

150. Change of royalty charges during currency of certificate
(1) A registered licensing body which proposes to charge copyright royalty charges otherwise than in accordance with the scales last published on registration or on renewal of registration shall notify the Registrar in writing together with sufficient particulars of the proposed new scales of charges at least one month before the new scales come into effect.
(2) The licensing body shall make available to the public the information relating to the new scales of copyright royalty charges for different uses at least by the means specified in section 149(1)(b) at least 14 days before the new scales come into effect.
(3) The registration of a licensing body which fails to comply with subsection (1) or (2) or both subsections is deemed to be cancelled from the date when the new scales come into effect.

### Copyright Ordinance 《版權條例》

151. Duration of registration, renewal and cancellation
(1) A certificate of registration is valid for a period of 12 months, or such lesser period as may be specified in the certificate, from the date on which it is granted.
(2) A registered licensing body may apply for the renewal of its registration for a period not exceeding 12 months.
(3) An application for the renewal of registration must be made at least one month before the expiry of the current registration.
(4) The Registrar may decline an application for renewal of registration by a licensing body or cancel the registration of a licensing body if—
(a) the licensing body is no longer a fit and proper person to be registered; or
(b) any of the requirements of the Registrar specified under subsection (5) or section 149(2) in relation to the licensing body is not complied with.
(5) On a renewal of registration, the Registrar shall issue to the licensing body a new certificate in such form as the Registrar determines specifying the requirements with respect to—
(a) the publication of scales of copyright royalty charges; and
(b) the charging of copyright royalty charges not exceeding the scales published.
(6) The Registrar shall remove the name of the licensing body from the register if its application for renewal of registration is declined or its registration is cancelled.

152. Regulations
The Secretary for Commerce and Economic Development may by regulation— (Amended L.N. 173 of 2000; L.N. 106 of 2002; L.N. 130 of 2007)
(a) prescribe the fees for the application for registration and for renewal of registration; and
(b) provide for the better carrying into effect of this system of registration.

153. No liability in the case of the bona fide exercise of functions under this Division
(1) No liability is incurred by the Registrar in respect of anything done or omitted to be done by him bona fide in the exercise or purported exercise of any functions conferred or imposed by or under this Division.
(2) In this section functions (職能) includes powers and duties.

### Copyright Ordinance 《版權條例》

154. Licensing schemes to which sections 155 to 160 apply
Sections 155 to 160 (references and applications with respect to licensing schemes) apply to licensing schemes operated by licensing bodies which cover works of more than one author, so far as they relate to licences for—
(a) copying the work;
(b) where the work is a work referred to in section 25(1)(a), (b), (c) or (d), the rental of copies of the work to the public; (Amended 15 of 2007 s. 40; 16 of 2022 s. 72)
(c) performing, playing or showing the work in public;
(d) communicating the work to the public; (Replaced 16 of 2022 s. 72)
(e) issuing copies of the work to the public; (Amended 16 of 2022 s. 72)
(f) making adaptations of the work; or
(g) any other act restricted by the copyright in the work,
and references in those sections to a licensing scheme are to be construed accordingly.
[cf. 1988 c. 48 s. 117 U.K.]

155. Reference of proposed licensing scheme to Tribunal
(1) An organization claiming to be representative of persons claiming that they require licences in cases of a description to which the scheme would apply, either generally or in relation to any description of case, may refer the terms of a licensing scheme proposed to be operated by a licensing body to the Copyright Tribunal.
(2) The Tribunal shall first decide whether to entertain the reference, and may decline to do so on the ground that the reference is premature.
(3) If the Tribunal decides to entertain the reference it shall consider the matter referred and make such order, either confirming or varying the proposed scheme, either generally or so far as it relates to cases of the description to which the reference relates, as the Tribunal may determine to be reasonable in the circumstances.
(4) The order may be made so as to be in force indefinitely or for such period as the Tribunal may determine.
[cf. 1988 c. 48 s. 118 U.K.]