COPYRIGHT (AMENDMENT) ORDINANCE Ord. No. 15 or 2007
COPYRIGHT (AMEl\1JlMENT) ORDINANCE 2007
CONTENTS
Section
PART 1
PRELIMINARY
PART 2
AMENDMENTS TO COPYRIGHT ORDINANCE
9.M . f "infrinngmg copy
eamng o " . lO. Section added 35B. Imported copy not an "infringing copy" for the purposes of section 35(3) .
Persons with a print disability
40A. Definitions for sections 40A to 40F .
Section
40B. Making a single accessib1e copy for a person with a print disability . 40C. Making multiple accessible copies by specified bodies
for persons with a print disability . 40D. Intermediate copies . 40E. Records to be kept by specified bodies . 40F. Supplementary provisions for sections 40A to 40E .
Section
Section
229A. Imported fixation not an "infringing fixation" for the purposes of section 229(4) .
242A. Fair dealing for purposes of givmg or recervmg instruction .
0.0 ••
Section
PART UlA
PERFORMERS' MORAL RIGHTS
272A. Mora! rights conferred on certain performers .
272B. Right to be identified as performer | . | |||
---|---|---|---|---|
272C. Requirement | that | right | under section | 272B be |
asserted | . |
272D. Exceptions to right under section 272B .
272E. Right to object to derogatory treatment .
272F. lnfringing of right under section 272E by possessing or dealing with infringing articles . 272G. Exceptions to right under section 272E .
272H. Duration of rights , 2721. Consent and waiver of rights .. 272J. Application of provisions to joint performers . 272K. Application of provisions to part of performance .. 272L. MoraI rights not assignabIe . 272M. Transmission of moraI rights on death .
Section
272N. Remedies for infringement of performers' moral rights .
2720. Presumptions relevant to sound recordings in which performances are fixed .
67. Cross-heading substituted Circumvention of effective technological measures .
68. Section substituted
273. Interpretation of sections 273 to 273H .
69. Sections added 273A. Rights and remedies in respect of circumvention of effective technological measures . 273B. Rights and remedies in respect of devices and services designed to circumvent effective technological measures . 273C. Offences in relation to circumvention of effective
technological measures . 273D. Exceptions to section 273A . 273E. Exceptions to section 273B . 273F. Exceptions to section 273C . 273G. Application of sections 273, 273A, 273B, 273D and
273E to performances . 273H. Exceptions to sections 273A, 273B, 273C and 273G
Section
74. Schedule lA added
Schedule lA | Bodies | and | authorities | specified | far | ||||
---|---|---|---|---|---|---|---|---|---|
purposes | of | definition | of | "specified | |||||
course of stud | y" | . | |||||||
75. | Schedule 7 added |
Schedule 7 Transitional provisions and savmgs In relation to amendments effected by the Copyright (Amendment) Ordinance 2007 (15 of 2007) .. .
PART 3
MISCELLANEOUS
76. Repeal .
77. Offences relevant to defrnitions of "organized crime" and "specified offence" .
Prevention of Copyright Piracy Ordinance
78. Time limit for prosecutions .
COPYRIGHT (AMENDMENT) ORDINANCE Ord. No. 15 of 2007 HONG KONG SPECIAL ADMIl\TJSTRATIVE REGION
ORDINANCE No. 15 OF 2007
Donald TSANG
Chief Executive 5 July 2007
An Ordinance to amend the Copyright Ordinance to make provisions or further provisions for
Cf) miscellaneous and transitional matters, to repeal the Copyright (Suspension of Amendments) Ordinance 2001, and to make provisions for related matters.
[6 July 2007]
Enacted by the Legislative Council.
PART 1
PRELIMINARY
1. Short title
This Ordinance may be cited as the Copyright (Amendment) Ordinance 2007.
2. Commencement
(a) | section 6(1) (insofar as it relates to the new section 25(1)(c), (d), |
(e) and (f)), (2) and (4); | |
(b) | section 31(5); |
(c) | section 33; |
(d) | section 36(7); |
(e) | section 36(8), (9), (lO) and (12) (insofar as it relates to the new |
section 121(2D)); | |
Cf) | section 37; |
(g) | section 38; |
(h) | section 39; |
Ci) | section 47(2) (insofar as it relates to paragraphs (c), (d), (e) and |
Cf) of the new definition of "rental right" in section 198(1)); |
it relates to Parts 3 and 4 of the new
PART 2
AMENDMENTS TO COPYRIGHT ORDINANCE
3. Long title amended
The long title to the Copyright Ordinance (Cap. 528) is amended by repealing everything after "An Ordinance to" and substituting "make provisions in respect of copyright and related rights and for connected purposes.
4. Duration of copyright in literary, dramatic,
musical or artistic works
Section 17(5)(b)(i) is amended, in the Chìnese text, by repealing "~Jl" and substituting "~fU".
5. The acts restricted by copyright in
a work
Section 22(1)(c) is repealed and the following substituted
"(c) to rent copies of the work to the public (see section 25);".
6. Infringement by rental of work to
the public
(1) Section 25(1) is repealed and the fol1owing substituted
"(1) The rental of copies of any of the following works to the public is an act restricted by the copyright in the work
(4) Section 25 is amended by adding
"(3A) The rental of copies of a work referred to in subsection (l)(e) or (f) includes the making available of copies of the work for on-the-spot reference use subject to direct or indirect payment.".
7. Secondary infringement: possessing or
dealing with infringing copy
8. . Secondary infringement: providing means for making infringing
copres
Section 32(1)(c) is amended by repealing "for the purpose of, in the course of, or in connection with, any trade or business" and substituting "for the purpose of or in the course of any trade or business".
9. Meaning of "infringing copy"
(3) Section 35 is amended by adding
"(6A) Where, in any proceedings, a question arises as to whether a copy of a work that was lawful1y made in the country, territory or area where it was made is an infringing copy by virtue on1y of subsection (3), and it is shown
then, unless there is evidence to the contrary, the copy shall be presumed to have been imported into Hong Kong. (6B) In subsection (6A)(a)
"manufacturer's code" C~~1!r1i3iì§) has the meaning assigned to it by section 2(1) of the Prevention of Copyright Piracy Ordinance (Cap. 544};
"marked" (~N( �/span> has the meaning assigned to it by section 15(3) of the Prevention of Copyright Piracy Ordinance (Cap. 544); "optical disc" (1t~t) has the meaning assigned to it by section 2(1) of the Prevention of Copyright Piracy Ordinance (Cap. 544).".
(4) Section 35(7) is repealed and the fol1owing substituted
"(7) In this Part, "infringing copy" (~aEJ(iHi*~~J:1~) includes a copy which is to be treated as an infringing copy by virtue of any of the following provisions-
Ca) section 35B(5) (imported copy not an "infringing copy" for purposes of section 35(3»;
1o. Section added
The following is added immediately after section 35A
"35B. Imported copy DOt an "infringing copy"
for the purposes of section 35(3)
(a) | by | an | educational | establishment | far | the | educational |
purposes of the establishment; or | |||||||
(b) | by a specified library for use ofthe library. |
11. Defences for the purposes of sections 30 and 31
Section 36(1) is amended by adding "and which was lawfully made in the country, territory or area where it was made" after "section 35(3)".
12. Research and private study
"(3) In determining whether any dealing with a work is fair dealing under subsection (1), the court shall take into account all the circumstances of the case and, in particular
13. Sections added
The following are added immediately after section 40
"Persons with a print disability
In this section and in sections 40B to 40F
"accessible copy" (1j!M'I5!ì@fX:zJs:), in relation to a copyright work, means a version which provides improved access to the work far a person with a print disability;
"lend" (11!fili), in relation to a copy, means to make it available far use, otherwise than far direct or indirect economie or commerciaI advantage, on terms that it will be returned;
"print disability' ( 15!ì~.Jl ~), in relation to a person, means
"specified body" (~g ~ III a) means a body of any of the foliowing descriptions-Ca) an educational establishment specified in section l of Schedule 1;
40B. Making a single accessible copy for a
person with a print disability
(1) If
disability, it is not an infringement of copyright in the work or, in the case of a published edition, in the typographical arrangement, for one accessible copy of the master copy to be made by or on behalf of the person for his pers-onaI use.
(2) Subsection (1) does not apply
Cc) if the master copy is of a dramatic work or part of a dramatic work, and the making of an accessible copy would involve recording a performance of the work or part of the work.
(3) Subsection (1) does not apply unless, at the time when the accessible copy is made by or on behalf of the person with a print disability, the maker of the copy is satisfied, after making reasonable enquiries, that copies of the relevant copyright work in a form that is accessible to the person cannot be obtained at a reasonable commercial pnce.
C4) lia person makes an accessible copy on behalf of a person with a print disability under this section and charges for it, the sum charged must not exceed the cost incurred in making and supplying the copy.
(a) | for the purpose of that dealing; and | |||||||
---|---|---|---|---|---|---|---|---|
(b) | if | that | dealing | infringes | copyright, | for | all | subsequent |
purposes. |
40C. Making multiple accessible copies by specified bodies for persons with a print disability
(1) If
disability, it is not an infringement of copyright in the work or, in the case of a published edition, in the typographical arrangement, for the specified body to make for those persons or supply to those persons accessible copies of themaster copy for their personal use.
Cl) A specified body must make a record of any accessible copy made or supplied under section 40C as soon as practicable after it is made or supplied.
(2) The record referred to in subsection (1) must include
Ce) where more than one copy of the accessible copy is made or supplied, the total number of such copies.
Ca) the name of the specified body to which and the date on which the intermediate copy is lent or transferred;
(b) the form of the intermediate copy; and
Cc) the title, publisher and edition of the relevant master copy.
(5) A specified body must
(a) retain any record made under subsection (1) or (3) for a period of at least 3 years after it is made; and
Cb) allow the relevant copyright owner or a person acting for him, on giving reasonable notice, to inspect and make copies of the record at any reasonable time.
40F. Supplementary provisions for
sections 40A to 40E
14. Section added
The following is added imIDediately before section 41 under the crossheading of "Education"
"41A. Fair dealing for purposes of giving or
receiving instruction
(a) the purpose and nature of the dealing, including whether the dealing is for a non-profit-rnaking purpose and whether the dealing is of a commerciaI nature;
Cb) the nature of the work; Cc) the amount and substantiality of the portion dealt with in relation to the work as a whole; and Cd) the effect ofthe dealing on the potential market for or value ofthe work.
(3) Where any dealing with a work involves the inc1usion of any passage or excerpt from a published literary or dramatic work in an anthology-
Ca) if the inc1usion is not accompanied by a sufficient acknowledgement, the dealing is not fair dealing under subsection Cn( � and
(b) if the inc1usion is accompanied by a sufficient acknowledgement, subsection (2) applies in determining whether the dealing is fair dealing under subsection (1).
(a) if the educational establishment fails to-
Ci) adopt technological measures to restrict access to the copies of the work through the network so that the copies of the work are made available only to persons who need to use the copies of the work for the purposes of giving or receiving instruction in the specified course of study in question or for the purposes of maintaining or managing the network; or
(ii) ensure that the copies of the work are not stored in the network for a period longer than is necessary for the purposes of giving or receiving instruction in the specified course of study in question or, in any event, for a period longer than 12 consecutive months,
the dealing is not fair dealing under subsection (1);and Cb) if the educational establishment
subsection (2) applies in determinìng whether the dealing is fair dealing under subsection (1).
15. Performing, playing or showing work in course of activities of educational establishments
(1) Section 43(1) is amended by repealing "an audience consisting of teachers and pupils at an educational establishment and other persons" and substituting "an audience consisting wholly or mainly of teachers and pupils at
an educational establishment, parents establishment, and other persons". | or | guardians | of | pupils | at | the | |||||
---|---|---|---|---|---|---|---|---|---|---|---|
(2) Section 43(2) is amended instruction" and substituting "for instruction". | by the | repealing purposes | "for of | g | the iving | purposes or recerv | of mg | ||||
(3) | Section 43(3) is repealed. |
16. Reprographic copying made by educational establishments of passages from published works
17. Sections added
The fol1owing are added immediately before section 54 under the crossheading of "Public administration"
"54A. Fair dealing for purposes of public
administration
18. Legislative Council and judicial proceedings
(1) Section 54 is amended by repealing the heading and substituting
19. Use of typeface in ordinary course of printing
Section 62(3) is amended, in the Chìnese text, by repealing "~~" and substituting "1~J~J'U".
20. Advertisement of sale of artistic work
21. Section added
The following is added
"SIA. Playing of sound broadcasts
inside vehicles
22. Right to be identified as author or director
23. Requirement that right be asserted
'-'
24. Exceptions to right
25. Right to object to derogatory
treatment of work
Section 92(4)(a) is amended, in the Chinese text, by repealing "M"" and substituting ",*~Ù"
26. Infringement of right by possessing or deaIing with infringing article
27. False attribution of work
28. Application of provisions to joint works
29. Transmission of moral rights OD death
30. Order for delivery up
Section 109(1)(a) is amended by repealing "for the purpose of, in the course of, or in connection with, any trade or business" and substituting "far the purpose of or in the course of any trade or business".
31. Criminalliability for making or dealing with infringing articles, etc.
(1) Section 118 is amended, in the heading, by repealing "CriminaI liability for" and substituting "Offences in relation to".
(2) Section 118(1) is repealed and the following substituted
"(1) A person commits an offence if he, without the licence of the copyright owner of a copyright work
(3) Section 118 is amended by adding
"(lA) Where
then, unless there is evidence to the contrary, the trade or business 1S
presumed, for the purposes of any proceedings instituted under subsection
(l)(e), to be a trade or business which consists of dealing in infringing
copies of copyright works.
(lB) Where
then, unless there is evidence to the contrary, the trade or business is presumed, for the purposes of any proceedings instituted under subsection (l)(f)(ii), to be a trade or business which consists of dealing in infringing copies of copyright works.".
(4) Section 118 is amended by adding
"(2A) A person commits an offence if he, without the licence of the copyright owner of a copyright work to which this subsection applies, possesses an infringingcopy of the work for the purpose of or in the course of any trade or business with a view to its being used by any person for the purpose of or in the course of that trade or business.
(2B) Subsection (2A) applies to a copyright work that is
(e) a musical visual recording. (2e) Subsection (2A) does not apply to an infringing copy of a computer program in a printed formo
(2D) Subsection (2A) does not apply to the possession of an infringing copy of a computer program if
(a) the computer program incorporates the whole or any part of a work that is not a computer program itself, and the computer program is technically required for the viewing or listening of the work by a member of the public to whom a copy of the work is made available; or
Cb) the computer program is incorporated in a work that is not a computer program itself, and the computer program is technically required for the viewing or listening of the work by a member of the public to whom a copy of the work is made available.
(2E) Subsection (2A) does not apply to the possession of an infringing copy of a movie, television drama, musical sound recording or musical visual recording by the Hong Kong Film Archive for the purpose of heritage conservation if
(2F) Subsection (2A) does not apply to the possession of an infringing copy of a movie, television drama, musical sound recording or musical visual recording by the Hong Kong Film Archive for the purpose of doing any act in relation to the infringing copy (other than for the purpose referred to in subsection (2E)) if
(2G) Subsection (2A) does not apply if
Cc) the person who possesses an infringing copy does so for the purpose of providing investigation service in re1ation to the infringing copy to the copyright owner or exclusive licensee of the copyright work concerned; or
Cd) the person who possesses an infringing copy does so on his client's premises and the infringing copy is provided to him by his client.".
(5) Section 118 is amended by adding-
"(2H) Without prejudice to section 125, where a body corporate or a partnership has done an act referred to in subsection (2A), the fol1owing person shall, unless there is evidence showing that he did not authorize the act to be done, be presumed a1so to have done the act-
Ca) in the case of the body corporate-
Ci) any director of the body corporate who, at the time when the act was done, was responsible for the internaI management of the body corporate; or
(ii) if there was no such director, any person who, at the time when the act was done, was responsible under the immediate authority of the directors of the body corporate for the internaI management of the body corporate;
(b) in the case of the partnership-
Ci) any partner in the partnership who, at the time when the act was done, was responsible for the internaI management of the partnership; or
(ii) if there was no such partner, any person who, at the time when the act was done, was responsible under the immediate authority of the partners in the partnership for the internaI management of the partnership.
(a) the defendant shall be taken to have adduced sufficient evidence if the court is satisfied that-
Ci) the defendant has caused the body corporate or partnership concerned to set aside financial resources, and has directed the use of the resources, -for the acquisition of a sufficient number of copies of the copyright work to which the proceedings relate, which are not infringing copies, for the use of the body corporate or partnership; or
(ii) the body corporate or partnership concemed has incurred expenditure for the acquisition of a sufficient number of copies of the copyright work to which the proceedings relate, which are not infringing copies, for the use of the body corporate or partnership;
(b) subject to paragraph (a), in determining whether sufficient evidence is adduced, the court may have regard to, including but not limited to, the following
"(3A) Ii is a defence for the person charged with an offence under subsection (2A) to prove that
employment. (3B) Subsection (3A) does not apply to an employee
"(10) In this section, "dealing in" (~~~~) means sel1ing, letting for hire, or distributing for profit or reward.".
32. Penalties for offences under section 118
Section 119(1) 'is amended by adding "or (2A)" after "section 118(1)".
33. Section added
The following is added
"119B. Offence in relation to making for distribution
or distributing on a regolar or frequent basis
irtfringing copies or copyright works in
printed form contained in books, etc.
Cl) A person commits an offence if he does any of the fol1owing acts on a regu1ar or frequent basis for the purpose of or in the course of any trade or business-
.item forming the special col1ection for the purpose of preserving or rep1acing the item against loss, deterioration or damage, but the copy may on1y be distributed for the use referred to in subsection (6)(b).
(8) In subsections (6) and (7), "special collection" (t~J3[Jr&~JTh)-
Ca) in the case of a library or archive owned by the Govemment, means a collection consisting primari1y of works or artic1es, or copies of works or articles, donated or given by the public that are, in the opinion of the Director of Leisure and Cu1tura1 Services, of cultural, historica1 or heritage importance or value;
(b) in the case of a library or archive designated under subsection (lO)(a), means a collection consisting primariIy of works or articles, or copies of works or articles, donated or given by the public that are, in the opinion of the head or controlling body (by whatever name called) of the library or archive, of culturaI, historicai or heritage importance or value.
(9) For the purposes of the exception under subsections (6) and (7), an archive owned by the Govemment includes a museum owned by the Govemment.
(lO) The Secretary for Commerce and Economie Development may, having regard to the advice of the Director of Leisure and Cultural Services
(11) Without prejudice to section 125, where a body corporate or a partnership has done an act referred to in subsection (1), the following person shall, unless there is evidence showing that he did not authorize the act to be done, be presumed also to have done the act
(a) in the case of the body corporate
Cb) in the case of the partnership
34. Making infringing copies outside
Hong Kong, etc.
Section 120(2) is amended by repealing "for the purpose of, in the course of, or in connection with, any trade or business" and substituting "for the purpose of or in the course of any trade or business".
35. Time Iim.it for prosecutions
Section I20A is amended by repealing everything after"commission of the offence" and substituting a full stop.
36. Affidavit evidence
(1) Section 121(1) is amended by repealing "An affidavit which purports to have been made by or on behalf of the owner of a copyright work" and substituting "For the purpose of facilitating the proof of subsistence and ownership of copyright, and without prejudice to the operation of sections Il to 16 (authorship and ownership of copyright) and sections 17 to 21 (duration of copyright), an affidavit which purports to have been made by or on behalf of the copyright owner of a copyright work".
(2) Section 121(1)(b) is repealed and the following substituted
"(b) the name of the author of the work;
(ba) where the author of the work is an individual
(iii) the pIace where the author has a right of abode;
(bb) where the author of the work is a body corporate
(6) Section 121 is amended by adding
"(2A) For the purposes of facilitating the establishment of the rnatter referred to in section 35(3)(b), an affidavit which purports to have been made by or on behalf of the copyright owner of a copyright work and which
to in paragraph (c)(ii), shall, subject to the conditions contained in subsection (4), be admitted without further proof in any proceedings under this Ordinance.
(2B) For the purposes of any proceedings instituted under section 118(1), an affidavit which purports to have been made by or on behalf of the copyright owner of a copyright work and which
shall, subject to the conditions contained in subsection C4), be adrnitted without further proof in those proceedings.
(2C) For the purposes of any proceedings instituted under section 118(2A), an affidavit which purports to have been made by or on behalf of the copyright owner of a copyright work and which-
Ca) states the name of the copyright owner; and
(b) states that the person named in the affidavit does not have the licence of the copyright owner to do an act referred to in section 118(2A) in respect of the work,
shall, subject to the conditions contained in subsection C4), be adrnitted without further proof in those proceedings.".
(7) Section 121 is amended by adding
"C2D) Far the purposes of any proceedings instituted under section 119B(1), an affidavit which purports to have been made by or on behalf of the copyright owner of a copyright work and which-
Ca) states the name of the copyright owner; and
(b) states that the person named in the affidavit does not have the licence ofthe copyright owner to do an act referred to in section 119B(I) in respect of the work,
shall, subject to the conditions contained in subsection (4), be adrnitted without further proof in those proceedings.".
(lO) Section 121(7) is amended by repealing "subsection (1) or (2)" and substituting "subsection (1), (2), (2A), (2B), (2C) or (2D)".
(11) Section 121(8)(b) is repealed and the following substituted
"(b) the court may of its own motion or, if the defendant who has served a notice under subsection (5) in relation to an affidavit satisfies the court
(iii) where the affidavit is made under subsection (2A), that any matter stated in the affidavit, other than those referred to in subparagraphs (i) and (ii), is genuinely in issue,
either before or during the hearing, require the deponent to the affidavit to attend before the court and give evidence.".
(12) Section 121(13)(a) is amended by repealing "subsection (1) or (2)" and substituting "subsection (1), (2), (2A), (2B), (2e) or (2D)".
37. Seized articles, etc. liable to forfeiture
(1). Section 131(1) is amended by adding ", 119B" after "119A".
(2) Section 131(7) is amended by adding ", 119B" after "119A".
38. Disposal of articles, etc. where a
person is charged
Section132 is amended by adding ", 119B" after "119A".
39. Determination of application for forfeiture
40. Licensing schemes to which sections 155 to 160 apply
Section 154(b) is amended by repealing "a computer program or sound recording" and substituting "a work referred to in section 25(1)(a), (b), (c), (d),
(e) or (f)".
41. Licences to which sections 162 to 166 apply
Section 161(b) is amended by repealing "a computer program or sound recording" and substituting "a work referred to in section 25(1)(a), (b), (c), (d),
(e) or (f)".
42. Constitution for purposes of proceedings
Cl) Section 172 is amended by adding
"(1A) Notwithstanding subsection (1), any proceedings specified for the purposes of this subsection in rules made under section 174 (generaI procedures rules) may be heard and determined by any of the fol1owing persons sitting alone
(2) Section 172(5) is amended by repealing "subsection (4)(b)" and substituting "subsection (lA) or (4)(b)".
43. Groundless threat of proceedings in
relation to parallel import
44. FoIklore, etc.: anonymous unpublished works
Section 189 is amended, in the heading, in the Chinese text, by repealing "fç;rB'~~" and substituting "fç;rB'X~.1ifq".
45. Meaning of "publication" and "commerciaI publication"
Section 196(4)(b)(i) is amended, in the Chinese text, by repealing "~.w:" and substituting "~JU"
46. Requirement of signature: application in relation to body corporate
(1) Section 198(1) is amended by repealing the definition of "business"
and substituting""business" (*r$-) includes
(a) | a trade or profession; and | ||||
---|---|---|---|---|---|
(b) | business conducted otherwise than for profit;", | ||||
(2) | Section | 198(1) is | amended by repealing the | defrnition | of "rental |
right" and substituting""rental right" (mJ:ffi) means the right of a copyright owner to authorize or prohibit the rental of copies of any of the following works
Cf) the typographical arrangement of a published edition of a comic book:",.
(3) Section 198(1) is amended by adding
""specified course of study"(:ti;r~~fi)means a course of study of any of the fol1owing descriptions
a work made in a country, territory or area-Ca) means that the copy was made by
Cb) does not include a copy that was made in a country, territory or area where there is no law protecting copyright in the work or where the copyright in the work has expired.".
(6) Section 198 is amended by adding
"(4) The Secretary for Commerce and Economie Development may, by notice published in the Gazette, amend Schedule lA.".
48. Index of defined expressions
Section 199 is amended, in the Table, by adding"specified course of study section 198(1)".
49. Rights conferred on performers and persons having fìxation rights
"(ca) a performance of an artistic work;
(cb) an expression of folk1ore; or".
50. Infringement of performer's rìghts by importing, exporting, possessing or dealing with infringing fixation
Section 207(1)(b) is amended by repealing "for the purpose of, in the course of, or in connection with, any trade or business" and substituting "for the purpose of or in the course of any trade or business".
51. Section added
The following is added immediately after section 207
"207A. Infringement of performers' rights
by renting copies to the public
without consent
Ca) subject to paragraph (b), means making a copy ofthe sound recording avaiIabIe for use, on terms that it wilI or may be retumed, for direct or indirect economie or commerciaI advantage;
Cb) does not include-i
(iii) making a copy of the sound recording avaiIable for onthe-spot reference use.
52. Infringement of frxation rights by importing, exporting, possessing or dealing with infringing frxation
Section 211(l)(b) is amended by repealing "for the purpose of, in the course of, or in connection with, any trade or business" and substituting "for the purpose of or in the course of any trade or business".
53. Section added
The following is added immediateIy after section 213
"213A. Power of Tribuna} to give consent on
behaIf of owners of performers'
rental right in certain cases
54. Performers' economie rights
Section 2IS(1) is repeaIed and the fol1owing substituted"(1) The fol1owing rights conferred by this Part on a performer are property rights C'a performer's economie rights")
(a) | the right of reproduction (section 203); | |
---|---|---|
(b) | the right of distribution (section 204); | |
(c) | the right of making available to the public (section 20S); | |
(d) | the rental right (section 207A).". | . |
55. Order for deIivery up
Section 228(1) is amended by repealing "for the purpose of, in the course of, or in connection with, any trade or business" and substituting "for the purpose of or in the course of any trade or business".
56. Meaning of "infringing fixation"
(1) Section 229(4) is amended by repealing "A fixation" and substituting "Except as provided in section 229A, a fixation".
(2) Section 229(7) is repeaIed and the fol1owing substituted
"(7) In this Part, "infringing fixation" (ttal~AfVfUÉ!~~~r%) includes a fixation which is to be treated as an infringing fixation by virtue of any of the fol1owing provisions
Cf) section 251(2) (fixations of performance in electronic form retained on transfer of principal fixation); or
(g) section 256(3) (fixations made for purposes of broadcast or cable programme).".
(3) Section 229(8) is repealed and the following substituted
"(8) In subsection (5)Ca), "lawful1y made" (15-~:f:!g~fF), in relation to a fixation of a performance made in a country, territory or area
57. Section added
The fol1owing is added immediate1y after section 229
"229A. Imported frxation not .an "infringing
frxation" for the purposes of
section 229(4)
(1) A fixation of a performance to which this subsection appues lS not-i-
Ca) in relation to the person who imports it into Hong Kong, an infringing fixation for the purposes of section 229(4) if
(b) in relation to the person who possesses it, an infringing fixation for the purposes of section 229(4) if
(a) | by | an | educational | establishment | for | the | educational |
purposes of the establishment; or | |||||||
(b) | by a specified library for use of the library. |
(4)For the purposes of subsection (3)(b), a library is regarded as a specified library if it falls within the description of any library specified under section 46(1)(b).
58. Jurisdiction of Copyright Tribunal
Section 233(1) is amended by adding"(aa) section 213A (application to give consent on behalf of owners of performers' rental right);".
59. Expressions having same meaning as in copyright provisions
")(:Jt; 1;s:iZ.t;f,i")\ g . TI.
(f.x:J.X'l'lE '-.Ji"l. , LX.
lUJ~ o"
and substituting
,,)(:Jt; +,Q. ~ A§ .
(f.x:1.x'1'IE./'-~, ,
lUJ~ ;JJz".
60. Index of defmed expressions
61. Section added
The following is added
"242A. Fair dealing for purposes of
giving or receiving
instruction
Cl) Fair dealing with a performance or fixation by or on behalf of a teacher or by a pupil far the purposes of giving or receiving instruction in a specified course of study provided by an educational establishment does not infringe any of the rights conferred by this Parto .
(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
Cd) 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-
Ca) for the purpose of that dealing; and
(b) if that dealing infringes any of the rights conferred by this Part, for all subsequent purposes.
(4) Where any dealing with a fixation invoIves the making available of copies of the fixation through a wire or wireless network wholly or partIy controlled by an educational establishment
(a) if the educationaI establishment fails to-
Ci) adopt technological measures to restrict access to the copies of the fixation through the network so that the copies of the fixation are made available only to persons who need to use the copies of the fixation for the purposes of giving or receiving instruction in the specified course of study in question or for the purposes of maintaining or managing the network; or
(ii) ensure that the copies of the fixation are not stored in the network for a period longer than is necessary for the purposes of giving or receiving instruction in the specified course of study in question or, in any event, for a period longer than 12 consecutive months,
the dealing is not fair dealing under subsection (1)~ and
(b) if the educational establishment
subsection (2) applies in determining whether the dealing is fair dealing under subsection (1).
(5) Expressions used in this section have the same meaning as in section 41A.".
62. Playing or showing sound recording, film, broadcast or cable programme at educational establishment
(1) Section 244(1) is amended by repealing "an audience consisting of teachers and pupils at the establishment and other persons" and substituting "an audience consisting wholly or main1y of teachers and pupils at the establishment, parents or guardians of pupils at the establishment, and other persons".
(2) Section 244(2) is repealed.
63. Sections added
The following are added
"246A. Fair dealing for purposes of
public administration
(1) The rights conferred by this Part are not infringed by-
Ca) anything done for the purposes of the proceedings of the Legislative Council or far the purposes of reporting such proceedings; or
Cb) anything done by or on behalf of-Ci) 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.".
64. Legislative Council and judicìal proceedings
(1) Section 247 is amended by repealing the heading and substituting
"JudidaI proceedings".
(2) Section 247(1) is amended by repealing "the proceedings of the Legislative Council or".
65. Section added
The following is added
"258A. PIaying of sound broadcasts
inside vehicles
66. Part IllA added
The fol1owing is added after Part III
"PARTIIIA
PERFORMERS' MORAL RrGHTS
272A. MoraI rights conferred on certain
performers
human ear, means that part of the performance, and includes a musical performance, a spoken performance and a performance in any intermediate forms between singing and speaking;
"make available to the public live" (~p:f;~rcu0X0.~1jt), in relation to a performance, means to make available of the unfixed performance, by wire or wireless means, in such a way that members of the public in Hong Kong or elsewhere may access the performance from a place individual1y chosen by them;
"performership" Oj[tfj) means participation In a performance, as the performer or one of the performers; "sound recording" (~if#.è~)-Ca) subject to paragraph Cb), has the same meaning as in Part II (copyright); Cb) does not include a film sound-track which accompanies a film within the meaning of Part II.
(5) The fol1owing expressions have the same meaning in this Part as
in Part II (copyright}
broadcast;
business;
cable programme;
cable programme service; and
published.
(6) The following expressions have the same meaning in this Part as
in Part III (rights in performances)
fixation;
performance;
performer; and
qualifying performance.
Right to be identified as performer
272B. Right to be identified as performer
272C. Requirement that right under section 272B be asserted
272D.. Exceptions to right onder
section 272B
(1) The right conferred by section 272B (right to be identified as performer) does not apply where it is not reasonably practicable to identify the performer.
.(2) The right does not apply in relation to a performance given for the purposes of reporting current events.
272E. Right to object to derogatory treatment
272F. Infringing of right under section 272E by possessing or dealing with infringing articles
(l) The right conferred by section 272E (right to object to derogatory treatment) is also infringed by a person who
distributes, an article which is, and which he knows or has reason to believe is, an infringing article.
(2) In this section
"infringing article" (fx3E.ii5fU4m~) means a performance fixed in a sound recording which
272G. Exceptions to right under
section 272E
identification, that the live aural performance or the performance fixed in a sound recording has been subjected to treatment to which the performer has not consented.
Supplementary
The rights conferred by section 272B (right to be identified as performer) and section 272E (right to object to derogatory treatment) continue to subsist so long as the performer's rights conferred by Part III subsist in the sound recording in which the performance is fixed.
272J. Application of provisions to joint performers
272K. Application of provisions to part of performance
The rights conferred by section 272B (right to be identified as performer) and section 272E (right to object to derogatory treatment) are not assignabIe.
272M. Transmission of moral rights on death
(1) On the death of a person entitIed to the right conferred by section 272B (right to be identified as performer) or section 272E (right to object to derogatory treatment)
(a) the right passes to such person as he may by testamentary disposition specifically direct;
Cb) if there is no such direction but the performer's economie rights conferred by Part III in respect of the performance in question form part of his estate, the right passes to the person to whom the economie rights pass; and
Cc) if or to the extent that the right does not pass under paragraph Ca) or (b), the right is exercisable by his personal representatives.
(2) Where a performer's economie rights conferred by Part III and forming part of his estate pass in part to one person and in part to another, as for example where a bequest is limited so as to apply-
Ca) to one or more, but not all, of the things the owner has the exclusive right to do or consent; or
(b) to part, but not the whole, of the period for which the rights
subsist, any right which passes with the performer's economie rights by virtue of subsection (1)(b) is correspondingly divided.
272N. Remedies for infringement of performers' moraI rights
2720. Presumptions relevant to sound recordings
in which performances are fixed
In proceedings brought by virtue of this Part with respect to a sound recording in which a performance is fixed, where copies of the sound recording as issued or made avaiIable to the public bear a statement
the performance, the statement is admissible as evidence of the facts stated and is presumed to be correct until the contrary is proved.".
67. Cross-heading substituted
The cross-heading before section 273 is repealed and the fol1owing substituted-s"Circumvention of effective technologicaI measures".
68. Section substituted
Section 273 is repealed and the fol1owing substituted
"273. Interpretation of sections 273
to 273H
(1) In sections 273A to 273H, "circumvent" (m~), in relation to an effective technological measure which has been applied in relation to a copyright work
(iii) broadcasts the work, or includes the work in a cable
programme service, means to circurnvent the measure without the authority of that other person.
Ca) "technological measure" (5flf-ttmMii:) rneans any technology, device, component or means which is designed, in the normaI course of its operation, to protect any description of copyright work;
Cb) the reference to protection of a copyright work is to the prevention or restriction of acts which are done without the licence of the copyright owner of the work and are restricted by the copyright in the work;
Cc) the reference to use of a copyright work does not extend to any use of the work which is outside the scope of the acts restricted by the copyright in the work.".
69. Sections added
The folIowing are added immediate1y after section 273
"273A. Rights and remedies in respect of circumvention of effective technological measures
(a) | the copyright owner of the work; | ||||||
---|---|---|---|---|---|---|---|
(b) | an | exclusive licensee of the copyright owner of the work; | |||||
and | |||||||
(c) | any other person who, with the licence of the copyright | ||||||
owner of the work | |||||||
(i) issues to the public copies of the work; | |||||||
(ii) makes available to the public copies of the work; or | |||||||
(iii) broadcasts the work, | or includes the work in a cable | ||||||
programme service. | |||||||
(3) | The | rights and remedies | conferred by subsection (2) | on | the |
copyright owner, the exclusive licensee and the person referred to in subsection (2)(c) are concurrent.
273B. Rights and remedies in respect of devices and services designed to circumvent effective technologicaI measures
"relevant device" (~~*1tt:), in relation to the effective technological measure referred to in that subsection, means any device, product, component or means
I
"relevant service" (~IUJB[tf~), in relation to the effective technological measure referred to in that subsection, means any service
O) The rights and remedies conferred by subsection (6) on the copyright owner, the exclusive licensee and the person referred to in subsection (3)(c) are concurrent.
273C. Offences in relation to circumvention of effective technological measures
Cl) Subject to sections 273F and 273H, where an effective technological measure has been applied in relation to a copyright work, a person commits an offence if he
(2) In subsection (n( �/span>
"circumvention business" (~5H\!H~I~) means a business, conducted far profit, which includes the offering to the public of services which enable or facilitate the circumvention of effective technological measures;
"circumvention device" (m~fi{Lt) means any device, product, component or means
"dealing in" (#J[i~) means selling, letting for hire, or distributing far profit or reward; "relevant device" (:ff!mfi1Lt), in relation to the effective technological measure referred to in that subsection
"relevant service" (~~~liJ~), in relation to the effective technological measure referred to in that subsection, means any service
(a) which is promoted, advertised or marketed for the purpose of the circumvention of the measure; Cb) which has only a limited commercially significant purpose or use other than to circumvent the measure; or
Cc) which is performed for the purpose of enabling or facilitating the circumvention of the measure.
(3) A person who commits an offence under subsection Cl) is liable on conviction on indictment to a fine of $500,000 and to imprisonment for 4 years.
C4) It is a defence for the person charged with an offence in respect of an effective technological measure under subsection (1) to prove that he did not know and had no reason to believe that the relevant device or relevant service which is the subject of the offence enabled or facilitated the circumvention of the measure.
273D. Exceptions io section 273A
(1) Section 273A does not apply to an act which circumvents an effective technological measure if-Ca) the measure has been applied in relation to a computer program;
Cb) the act is done with respect to the identification or analysis of particular elements of the computer program that are not readily available to the person who does the act;
Cc) the act is done for the sole purpose of achieving interoperability of an independentlycreated computer program with the computer program or another computer program;
Cd) the copy of computer program in relation to which the act is done is not an infringing copy; and Ce) the act of identification or analysis referred to in paragraph
(b) does not constitute an infringement of copyright.
Ca) where the research is conducted by or on behalf of a specified educational establishment, or for the purposes of giving or receiving instruction in a specified course of study in the field of cryptography provided by a specified educational establishment
(iii) the information derived from the research is not disseminated to the public except in a specified manner; or
(b) in any other case
(iii) the act or the dissemination to the public of information derived from the research does not affect prejudicial1y the copyright owner.
(4) In subsection (3)"specified educational establishment" (ffi 1j;j~1f~1t) means
"specified manner" (ffiflj3j]:rt), in relation to the dissemination to the public of information derived from a research into cryptography
273E. Exceptions to section 273B
(1) In this section
"relevant device" (:ffImHf-t) means any device, product, component or means
"relevant service" (1flmmzJ!) means any service-Ca) which is promoted, advertised or marketed for the purpose of the circumvention of effective technological measures; Cb) which has only a limited commercially significant purpose or use other than to circumvent effective technological measures; or
Cc) which is performed for the purpose of enabling or facilitating the circumvention of effective technological measures.
Ca) the relevant device is incorporated, or is intended to be incorporated, into a technology, product or device; and
(b) the sole purpose of the technology, product or device, as the case may be, is to prevent access of minors to hannful materials on the Internet.
273F. Exceptions to section 273C
(1) In this section
"relevant device" (:ffwmff.1!f) means any device, product, component or means
"relevant service" (:ff~ijlZr~) means any service
(2) -Section 273C does not apply if
Ci) makes or imports any relevant device for that other . person;
(ii) sells, lets for hire, exports or distributes any relevant device to that other person;
(iii) possesses any relevant device with a view to selling, letting for hire or distributing the device to that other person; or
(iv) provides any relevant service to that other person.
Cl O) Section 273C does not apply to a relevant service if the sole purpose of the service is to prevent access of minors to harmful materials on the Internet.
273G. Application of sections 273, 273A,
273B, 273D and 273E to
performances
Sections 273, 273A(I), (2), (3) and (4), 273B(I), (2), (3), (4), (5), (6), (7), (8) and (9), 273D and 273E apply, with the necessary modifications, in relation to
273H. Exceptions to sections 273A, 273B,
273C and 273G
The Secretary for Commerce and Economie Development may, by notice published in the Gazette, exclude from the application of any provisions of sections 273A, 273B, 273C and 273G any work or performance, class of works or performances or class of devices, products, components, means or services if he is satisfied
70. Rights and remedies in respect of unlawfuI acts to interfere with rights management information
Section 274 is amended by adding
"(2A) The person who provides rights management information does not have the rights and remedies against the person referred to in subsection (2) unless the second-mentioned person, when doing an act referred to in subsection (2)(a) or (b), knows or has reason to believe that by doing the act he is inducing, enabling, facilitating or concealing an infringement of copyright or an infringement of rights conferred by Part III (rights in performances).
(2B) If the copyright owner of a work to which rights management information is attached, or the copyright owner's exclusive licensee, is not the person who provides the rights management information,-the copyright owner or the exclusive licensee, as the case may be, has the same rights and remedies as the person who provides the rights management information has against the person referred to in subsection (2).
(2e) The rights and remedies conferred by subsection (1) on the person who provides rights management information and the rights and remedies conferred by subsection (2B) on the copyright owner and his exclusive licensee are concurrent.
(2D) Sections 112(3) and 113(1), (4), (5)and (6) apply, with the necessary modifications, in proceedings in relation to the person who provides rights management information, the copyright owner and the exclusive licensee, as they apply in proceedings in relation to a copyright owner and an exclusive licensee with concurrent rights and remedies.
(2E) Sections 115, 116 and 117 (presumptions as to certain matters relating to copyright) apply, with the necessary modifications, in proceedings instituted under this section, as they apply in proceedings instituted under Part II (copyright).
(2F) This section, except subsection (2E), applies, with the necessary modifications, in relation to
71. TransitionaI provisions and savings
72. Section added
The fol1owing is added
"283. Transitional provisions and savings
in relation to amendrnents effected
by the Copyright (Amendrnent)
Ordinance 2007
in connection with any matter specified in the regulations.
73. Educational establishments
Cl) Schedule 1 is amended, within the square brackets, by repealing "s. 195" and substituting "ss. 40A, ll9B, 195 & 273D".
(2) Schedule 1 is amended by repealing section 15 and substituting
"15. The Open University of Hong Kong established by The Open University of Hong Kong Ordinance (Cap. 1145).".
74. Schedule lA added The following is added
"SCHEDULE lA [s. 198]
BODIES AND AUTHORlTIES SPECIFIED FOR
PURPOSES OF DEFINITION OF "SPECIFIED
COURSE OF STUDY"
l. Curriculum Development Counci1 the members of which are appointed by the Chief Executive.".
75. Schedule 7 added The following is added
"SCHEDULE 7 [s. 283]
TRANSITIONAL PROVISIONS AND SAVINGS IN RELATION TO
AMENDMENTS EFFECTED BY THE COPYRIGHT
(AMENDMENT) ORDINANCE 2007
(15 OF 2007)
PART l
INTRODUCTORY
1. Interpretation
(1) In this Schedule
"2007 Amendment Ordinance" ((2007 1f1~Jtr1~'Wtl~) means the Copyright (Amendment) Ordinance 2007 (15 of 2007); "Suspension Ordinance" ((!T~1~'Wtl~) means the Copyright (Suspension of Amendments) Ordinance 2001 (Cap. 568).
(2) Expressions used in this Schedule which are defined for the purposes of Part II (copyright) and Part IIIA (performers' moral rights) of this Ordinance have the same meaning as in those Parts.
PART 2
ACTS PERMITTED IN RELATION TO COPYRIGHT
WORKS AND PERFORMANCES
2. Savings for certain existing agreements
Nothing in section 13, 14, 15, 16, 17, 21, 61, 62, 63 or 65 of the 2007 Amendment Ordinance affects a licence or agreement made before the commencement date of that section.
PART 3
RENTAL RIGHT OF COPYRIGHT OWNERS AND PERFORMERS
Division l-TransitionaI provisions and savings
in relation to amendrnents effected by section 6
of the 2007 Amendrnent Ordinance (insofar as
it reIates to section 25(1)(c), (e)
and (f) of this Ordinance)
3. GeneraI provisions
Cl) Subject to sections 4 and 5 of this Schedule, section 6 of the 2007 Amendment Ordinance (insofar as it relates to section 25(1)(c), (e) and (j) of this Ordinance) applies to copyright works made before, on or after the commencement date of that section.
(2) No act done before the commencement date of section 6 of the 2007 Amendment Ordinance (insofar as it relates to section 25(1)(c), (e) and (j) of this Ordinance) shall be regarded as an infringement of any new right arising by virtue of that section.
4. New rentaI right: effect of pre-commencement
authorization of copying
Where-
Ca) the owner or prospective owner of copyright in any work has, before the commencement date of section 6 of the 2007 Amendment Ordinance (insofar as it relates to section 25(1)(c),
(e) and (f) of this Ordinance), authorized a person to make a copy of the work; and
(b) a new right arises by virtue of that section in relation to that
copy, the new right shall vest on the commencement date of that section in the person so authorized, subject to any agreement to the contrary.
5. Savings for existing stocks
Division 2-TransitionaI provisions and savings
in relation to amendrnents effected by section 6
of the 2007 Amendment Ordinance (insofar as
it relates to section 25(1)(d) of
tbis Ordinance)
6. GeneraI provisions
7. New rental right: effect of pre-commencement
authorization of copying
Where
copy, the new right shall vest on the commencement date of that section in the person so authorized, subject to any agreement to the contrary.
8. Savings for existing stocks
Any new right arising by virtue of section 6 of the 2007 Amendment Ordinance (insofar as it relates to section 25(l)(d) of this Ordinance) does not apply to a copy of a sound recording acquired by a person before the commencement date of that section for the purpose of renting it to the public.
Division 3-Transitional provisions and savings in relation
to amendments effected by section 51 of the
2007 Amendment Ordinance
9. GeneraI provisions
Cl) Subject to sections lO and Il of this Schedule, section 51 of the 2007 Amendment Ordinance applies to qualifying performances that take place before, on or after the commencement date of that section.
(2) No act done before the commencement date of section 51 of the 2007 Amendment Ordinance shall be regarded as an infringement of any new right arising by virtue of that section.
lO. New rentaI right: effect of pre-commencement authorization of copying
Where
(a) the owner or prospective owner of a performer's rights in a qualifying performance has, before the commencement date of section 51 of the 2007 Amendment Ordinance, authorized a person to make a copy of a recording of the performance; and
Cb) a new right arises by virtue of that section in relation to that
copy,
the new right shall vest on the commencement date of that section in the
person so authorized, subject to any agreement to the contrary.
11. Savings for existing stocks
Any new right arising by virtue of section 51 of the 2007 Amendment Ordinance does not apply to a copy of a sound recording of a qualifying performance acquired by a person before the commencement date of that section for the purpose of renting it to the public.
PART4
MORAL RIGHTS OF PERFORMERS
TransitionaI provisions and savings in relation to amendrnents effected by section 66 of the 2007 Amendrnent Ordinance
12. GeneraI provisions
No act done before the commencement date of section 66 of the 2007 Amendment Ordinance shall be regarded as an infringement of any new rights of performers arising by virtue of that section.
13. Savings for certain existing agreements
14. New moral rights of performers of Iive auraI performances
PART 5
INFRINGEMENT OF COPYRIGHT IN WORKS AND RIGHTS
IN PERFORMANCES
Division l-Transitional provisions and savings in relation to amendrnents effected by section 9(2) of the 2007 Amendment Ordinance
15. Exemption from criminalliability incurred in respect of copies of works imported before commencement of section 9(2) of the 2007 Amendment Ordinance
(n( �s "from the commencement date of section 9(2) of the 2007 Amendment Ordinance, a person shall not be liable to conviction for an offence under section 118 ofthis Ordinance in respect of an act done before, on or after that commencement date in relation to a copy of a work to which this subsection applies.
(2) Subsection (l) applies to a copy of a work imported into Hong Kong before the commencement date of section 9(2) of the 2007 Amendment Ordinance
Division 2-Transitional provisions and savings in relation to amendrnents effected by section lO of the 2007 Amendment Ordinance
16. Application of section 35B of tbis
Ordinance to previously imported
copies
17. Exemption from criminalliability previously incurred in respect of "parallel-imported" copies of works to which section 35B of tbis Ordinance applies
(l) As from the commencement date of section lO of the 2007 Amendment Ordinance, a person shall not be liable to conviction for an offence under section 118(1) of this Ordinance as in force immediately before that commencement date and read together with the Suspension Ordinance, in respect of an act done before that commencement date in relation to a copy of a work to which this subsection applies unless, having regard to section 35B of this Ordinance, the copy would also be an infringing copy for the purposes of section 35(3) of this Ordinance ifit were imported into Hong Kong or acquired on or after that commencement date.
(2) Subsection (1) app1ies to a copy of a work imported into Hong Kong before the commencement date of section lO of the 2007 Amendment Ordinance
Division 3--Transitional provisions and savings in relation
to amendments effected by section 31 of the
2007 Amendment Ordinance
18. Application of section 118(2H)
of tbis Ordinance
For the avoidance of doubt, section 118(2H) of this Ordinance does not apply in re1ation to any act referred to in section 118(2A) of this Ordinance and done by a body corporate or a partnership before the commencement date of section 31(4) of the 2007 Amendment Ordinance.
19. Retrospective application of the exemption
and defence provided by section
118(2E), (2F), (2G), (3A) and
(3B) of tbis Ordinance
Division 4-TransitionaI provisions and savings in relation
to amendments effected by section 57 of tbe
2007 Amendment Ordinance
20. AppIication of section 229A of tbis
Ordinance to previously imported
fixations
PART 3
MISCELLANEOUS
Copyright (Suspension of Amendrnents)
Ordinance 2001
76. Repeal
The Copyright (Suspension of Amendments) Ordinance 2001 (Cap. 568) is repealed.
Organized and Serious Crimes Ordinance
77. Offences relevant to definitions of "organized crime" and "specified offence"
Schedule 1 to the Organized and Serious Crìmes Ordinance (Cap. 455) is amended, in paragraph 18, by adding "and which was lawfully made in the country, territory or area where it was made" after "section 35(3) of that Ordinance" where it twice appears.
Prevention of Copyright Piracy Ordinance
78. Time limit for prosecutions
Section 36D of the Prevention of Copyright Piracy Ordinance (Cap. 544) is amended by repealing everything after "commission of the offence" and substituting a full stop.