### Copyright Ordinance 《版權條例》

120. Making infringing copies outside Hong Kong, etc.
(1) A person commits an offence if he makes outside Hong Kong, for export to Hong Kong otherwise than for his private and domestic use, any article that he knows would, if it were made in Hong Kong, constitute an infringing copy of a copyright work.
(2) A person commits an offence if he makes outside Hong Kong an article specifically designed or adapted for making copies of a particular copyright work knowing or having reason to believe that it is to be used or is intended to be used in Hong Kong for making an infringing copy of the copyright work for sale or hire or for use for the purpose of or in the course of any trade or business. (Amended 64 of 2000 s. 9; 15 of 2007 s. 34)
(2A) It is immaterial for the purpose of subsection (2) whether or not the trade or business consists of dealing in infringing copies of copyright works. (Added 64 of 2000 s. 9)
(3) A person commits an offence if he makes outside Hong Kong or exports from Hong Kong an article specifically designed or adapted for making copies of a particular copyright work, knowing or having reason to believe that—
(a) the article is to be used or is intended to be used outside Hong Kong for making another article for export to Hong Kong; and
(b) the latter article mentioned in paragraph (a) would, if it were made in Hong Kong, constitute an infringing copy of the copyright work.
(4) A person who, in Hong Kong or elsewhere, aids, abets, counsels or procures the commission by another person of an offence under subsection (1), (2) or (3) commits that offence as a principal.
(5) The offences under subsections (1), (2) and (3) are without prejudice to the offences under section 118.
(6) A person who commits an offence under subsection (1), (2) or (3) is liable on conviction on indictment to a fine of $500,000 and to imprisonment for 8 years.
(7) For the purpose of this section, article (物品) does not include an article in transit.
(8) Sections 115 to 117 (presumptions as to various matters connected with copyright) do not apply to proceedings for an offence under this section. 

120A. Time limit for prosecutions
No prosecution for an offence under this Ordinance shall be commenced after the expiration of 3 years from the date of commission of the offence.
(Added 22 of 1998 s. 44. Amended 15 of 2007 s. 35)

### Copyright Ordinance 《版權條例》

122. Powers of investigating officers
(1) An authorized officer may—
(a) (i) subject to section 123, enter and search any place; (Amended 22 of 1998 s. 45)
(ii) stop, board and search any vessel (other than a ship of war) or any aircraft (other than a military aircraft); or
(iii) stop and search any vehicle (other than a military vehicle),
in which he reasonably suspects that there is—
(A) an article which is an infringing copy of a copyright work;
(B) an article specifically designed or adapted for making copies of a particular copyright work which article is used or intended to be used for making infringing copies of any such work; or
(C) anything which appears to him to be or to contain, or to be likely to be or to contain, evidence of an offence under this Part or section 273C; and
(b) seize, remove or detain—
(i) any article which appears to him to be an infringing copy of a copyright work or an article specifically designed or adapted for making copies of a particular copyright work which appears to him to be intended for use for making infringing copies of any such work;
(ii) anything which appears to him to be or to contain, or to be likely to be or to contain, evidence of an offence under this Part or section 273C; and
(iii) any vessel, aircraft or vehicle (other than a ship of war or a military aircraft or vehicle) which he reasonably suspects to be or, has been used in connection with an offence under this Part or section 273C. (Amended 16 of 2022 s. 66)
(2) An authorized officer may—
(a) break into and forcibly enter any place which he is empowered or authorized by this Part to enter and search; (Amended 22 of 1998 s. 45)
(b) forcibly board any vessel, aircraft or vehicle which he is empowered by this Part to stop, board and search;
(c) remove by force any person or thing obstructing him in the exercise of any power conferred on him by this Part;
(d) detain any person found in any place which he is empowered or authorized by this Part to search until such place has been searched;
(e) prevent any person from approaching or boarding any vessel, aircraft or vehicle which he is empowered by this Part to stop, board and search until it has been searched.
(3) An authorized officer may call upon any authorized officer to assist him in the exercise of any of his powers under this section. (Added 22 of 1998 s. 45)

### Copyright Ordinance 《版權條例》

123. Authority to issue warrant for entry and search
(1) A magistrate may, if he is satisfied by information on oath that there are reasonable grounds for suspecting that there is in any place any article or thing which may be seized, removed or detained under section 122(1)(b), issue a warrant authorizing an authorized officer to enter and search the place.
(2) Subject to subsection (3), an authorized officer shall not enter and search any place under section 122(1)(a)(i) except under the authority of a warrant issued under this section.
(3) An authorized officer may enter and search any place under section 122(1)(a)(i) without a warrant issued under this section if the delay necessary to obtain a warrant could result in the loss or destruction of evidence or for any other reason it would not be reasonably practicable to obtain a warrant.
(Replaced 22 of 1998 s. 46)

124. Obstruction of investigating officers
(1) Without prejudice to any other Ordinance, any person who—
(a) wilfully obstructs an authorized officer in the exercise of his powers or the performance of his duties under this Ordinance;
(b) wilfully fails to comply with any requirement properly made to him by any such authorized officer; or
(c) without reasonable excuse, fails to give such authorized officer any other assistance which he may reasonably require to be given for the purpose of exercising his powers or performing his duties under this Ordinance,
is guilty of an offence and is liable on conviction to a fine at level 4 and to imprisonment for 3 months.
(2) Any person who, when required to give information to an authorized officer in the exercise of his powers or the performance of his duties under this Ordinance, knowingly gives false or misleading information to any such authorized officer is guilty of an offence and is liable on conviction to a fine at level 4 and to imprisonment for 3 months.
(3) Nothing in this section requires any person to give any information which may incriminate him.

### Copyright Ordinance 《版權條例》

125. Liability of persons other than principal offender
(1) Where a body corporate commits an offence under this Ordinance in respect of any act which is shown to have been committed with the consent or connivance of, or to be attributable to any act on the part of, any director, manager, secretary or other similar officer of the body corporate or any person purporting to act in any such capacity he, as well as the body corporate, commits the offence.
(2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts of a member in connection with his functions of management as if he were a director of the body corporate.
(3) Where an offence under this Ordinance committed by a partner in a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any act on the part of, any other partner of the partnership or any person concerned in the management of the partnership, that other partner or the person concerned in the management of the partnership commits the like offence.