### Copyright Ordinance 《版權條例》

186. Legislative Council: supplementary provisions with respect to copyright
(1) For the purposes of holding, dealing with and enforcing copyright, and in connection with all legal proceedings relating to copyright, the Legislative Council is to be treated as having the legal capacities of a body corporate, which is not affected by a dissolution of the Legislative Council.
(2) The functions of the Legislative Council as owner of copyright are exercisable by the President on behalf of the Legislative Council; and if so authorized by the President, or in case of a vacancy in the office of President, those functions may be discharged by the Secretary General of the Legislative Council Secretariat.
(3) For this purpose a person who on the dissolution of the Legislative Council was President of the Legislative Council may continue to act until the corresponding appointment is made in the next session of the Legislative Council.
[cf. 1988 c. 48 s. 167 U.K.]

187. Groundless threat of proceedings in relation to parallel-imported

188. Copyright vesting in international organizations
(1) Where an original literary, dramatic, musical or artistic work—
(a) is made by an officer or employee of, or is published by, any international organization; and
(b) does not qualify for copyright protection under section 178 (qualification by reference to author),
copyright nevertheless subsists in the work by virtue of this section and the organization is the first owner of that copyright.
(2) Copyright of which an international organization is first owner by virtue of this section continues to subsist until the end of the period of 50 years from the end of the calendar year in which the work was made or such longer period as may be specified by the Chief Executive by regulation under subsection (4). (Amended 22 of 1999 s. 3)
(3) An international organization is deemed to have, and to have had at all material times, the legal capacities of a body corporate for the purpose of holding, dealing with and enforcing copyright, and in connection with all legal proceedings relating to copyright.
(4) The Chief Executive may, for the purpose of complying with the international obligations applicable to Hong Kong make regulation specifying a period longer than 50 years for the purposes of this section in relation to any international organization. (Amended 22 of 1999 s. 3)
[cf. 1988 c. 48 s. 168 U.K.]

### Copyright Ordinance 《版權條例》

189. Folklore, etc.: anonymous unpublished works
(1) Where in the case of an unpublished literary, dramatic, musical or artistic work of unknown authorship there is evidence that the author (or, in the case of a joint work, any of the authors) was a qualifying individual by connection with a country, territory or area outside Hong Kong, it is presumed, until the contrary is proved, that he was such a qualifying individual and that copyright accordingly subsists in the work, subject to the provisions of this Part.
(2) If under the law of that country, territory or area a body is appointed to protect and enforce copyright in such works, the Secretary for Commerce and Economic Development may by regulation designate that body for the purposes of this section. (Amended L.N. 173 of 2000; L.N. 106 of 2002; L.N. 130 of 2007)
(3) A body so designated is recognized in Hong Kong as having authority to do in place of the copyright owner anything, other than assign copyright, which it is empowered to do under the law of that country; and it may, in particular, bring proceedings in its own name.
(4) In subsection (1) a qualifying individual (合資格的個人) means an individual who at the material time (within the meaning of section 178) was a person whose works qualified under that section for copyright protection.
(5) This section does not apply if there has been an assignment of copyright in the work by the author of which notice has been given to the designated body; and nothing in this section affects the validity of an assignment of copyright made, or licence granted, by the author or a person lawfully claiming under him.
[cf. 1988 c. 48 s. 169 U.K.]

190. Protection of Commissioner and authorized officers
(1) The Commissioner and authorized officers are not liable for any loss or damage suffered by any person as a result of any action taken or omitted to be taken in good faith in connection with the carrying out of any of their duties under this Part.
(2) The protection conferred by subsection (1) on the Commissioner and authorized officers in respect of any action taken or omitted to be taken in good faith in connection with the carrying out of those duties shall not affect in any manner any liability of the Government for that action taken or omitted to be taken.

191. Transitional provisions and savings
Schedule 2 contains transitional provisions and savings relating to works made, and acts or events occurring, before the commencement of this Part, and otherwise with respect to the operation of the provisions of this Part.
[cf. 1988 c. 48 s. 170 U.K.]

### Copyright Ordinance 《版權條例》

192. Rights and privileges under other enactments or the common law
(1) Nothing in this Part affects—
(a) any right or privilege of any person under any enactment (except where the enactment is expressly repealed, amended or modified by this Ordinance);
(b) any right or privilege of the Government subsisting otherwise than under an enactment;
(c) any right or privilege of the Legislative Council;
(d) the right of the Government or any person deriving title from the Government to sell, use or otherwise deal with the articles forfeited under the law of Hong Kong;
(e) the operation of any rule of equity relating to breaches of trust or confidence.
(2) Subject to those savings, no copyright or right in the nature of copyright subsists otherwise than by virtue of this Part or some other enactment in that behalf.
(3) Nothing in this Part affects any rule of law preventing or restricting the enforcement of copyright, on grounds of public interest or otherwise.
(4) Nothing in this Part affects any right of action or other remedy, whether civil or criminal, available otherwise than under this Part in respect of acts infringing any of the rights conferred by Division IV (moral rights).
(5) The savings in subsection (1) have effect subject to sections 183(4) and 185(6) (copyright in Ordinances and bills: exclusion of other rights in the nature of copyright).
[cf. 1988 c. 48 s. 171 U.K.]

193. General provisions as to construction
(1) This Part restates and amends the law of copyright, that is, the provisions of the Copyright Act 1956 (1956 c. 74 U.K.) as amended and extended to Hong Kong and the provisions of the Copyright Ordinance (Cap. 39), as amended.
(2) A provision of this Part which corresponds to a provision of the previous law shall not be construed as departing from the previous law merely because of a change of expression.
(3) Decisions under the previous law may be referred to for the purpose of establishing whether a provision of this Part departs from the previous law, or otherwise for establishing the true construction of this Part.
[cf. 1988 c. 48 s. 172 U.K.]