Chapter: | 528C | COPYRIGHT TRIBUNAL RULES | Gazette Number | Version Date |
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Empowering section | 30/06/1997 |
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COPYRIGHT TRIBUNAL RULES
(L.N. 5 of 1997)
(Cap 528, section 174)*
[26 October 1979]
(Originally L.N. 266 of 1979)
* The Copyright Tribunal Rules were originally made under the Copyright Act 1956. The Rules were saved as subsidiary legislation under the Copyright Ordinance (Cap 528). See paragraph 41 of Schedule 2 to the Ordinance.
Rule: | 1 | Citation | 30/06/1997 |
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These rules may be cited as the Copyright Tribunal Rules.
(L.N. 5 of 1997)
Rule: | 2 | Interpretation | 30/06/1997 |
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(1) In these rules, unless the context otherwise requires–
"Act" means the Copyright Act 1956(a) as extended to Hong Kong by the Copyright (Hong Kong) Orders 1972 to 1990(b) and a section referred to by number means the section so numbered in the Act; (L.N. 283 of 1986; L.N. 5 of 1997)
"chairman" means the chairman, or any person for the time being appointed to act as chairman, of the tribunal;
"clerk" means the clerk for the time being of the tribunal;
"court" means the Court of Appeal;
"credentials" means–
!
(a) the validity of an organization's claim to be representative of a class or persons; or
(b) the possession by an intervener of a sufficient interest in the matter in dispute; "intervener" means an organization or person who has applied under section 25(3), 26(3), 27(4) or 27A(5) or rule 7A
to be made a party to proceedings before the tribunal; (L.N. 5 of 1997)
"office" means the office of the tribunal;
"originator" means an organization, licensing body or person who has referred a scheme to the tribunal under section
25(1) or 26(1), or who has applied to the tribunal under section 27(2) or (3), 27A(1) or (6) or 41B(1) or (3);
(L.N. 5 of 1997) "party" includes an intervener whose application is pending; "tribunal" means the Copyright Tribunal. (L.N. 5 of 1997)
(2) A form referred to by number means the form so numbered in Schedule 1. (L.N. 5 of 1997)
(3) Any expression or word not defined in paragraph (1) shall, unless the context otherwise requires, have the meaning assigned to it by the Act or by the Interpretation and General Clauses Ordinance (Cap 1), as the case may be.
Rule: | 3 | Commencement of proceedings | 30/06/1997 |
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Cap 528C - COPYRIGHT TRIBUNAL RULES Cap 528C - COPYRIGHT TRIBUNAL RULES
Rule: | 4 | Application for special leave under section 26(2), 27A(2) or 41B(4) | 30/06/1997 |
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Rule: | 5 | Advertisement of reference or application | 30/06/1997 |
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Rule: | 6 | Objection to originator's credentials | 30/06/1997 |
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the time limited under rule 5(2)(c), serve upon every party to the proceedings notice substantially in accordance with Form 8 and the proceedings shall (unless the tribunal or the chairman shall otherwise direct on the grounds that no reasonable cause of objection has been disclosed) be stayed from the date of such notice until further order.
Rule: | 7 | Applications to be made a party | 30/06/1997 |
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(2) Notice under paragraph (1) shall not be served after the expiration of the time limited under rule 5(2)(c):
Provided that the tribunal or the chairman may give leave, subject to such conditions as it or he may think fit, to serve such notice notwithstanding the expiration of the time so limited.
(3) On being served with notice under paragraph (1), the clerk shall, as soon as practicable–
Rule: | 7A | Applications to be made a party to an application under section 41B | 30/06/1997 |
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Rule: | 8 | Objections to intervener's credentials | 30/06/1997 |
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Cap 528C - COPYRIGHT TRIBUNAL RULES
Rule: | 9 | Written answer | 30/06/1997 |
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Rule: | 10 | Interveners' cases | 30/06/1997 |
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Rule: | 11 | Amendment of statement of case and answer | 30/06/1997 |
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Rule: | 12 | Directions | 30/06/1997 |
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Rule: | 13 | Interlocutory applications | 30/06/1997 |
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Rule: | 14 | Consolidation of proceedings | 30/06/1997 |
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Where there is pending before the tribunal more than one reference under section 25 or 26 relating to the same licence scheme, or more than one application under section 27 or 27A relating to the same licensing body, or more than one application under section 41B relating to the same work or other subject matter, the chairman may, if he thinks fit, either of his own motion or on an application made under rule 13, order that some or all of the references or applications, as the case may be, shall be considered together, and may give such consequential directions as may be necessary: (L.N. 5 of 1997)
Provided that the chairman shall not make an order under this rule of his own motion without giving all parties concerned a reasonable opportunity of objecting to the proposed order.
Rule: | 15 | Procedure and evidence at hearing | 30/06/1997 |
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Rule: | 16 | Representation and rights of audience | 30/06/1997 |
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(5) On receiving notice of the appointment of an agent, or of the termination of such an appointment, the clerk shall send a copy thereof to every other party.
(6) A party may be represented at any hearing, whether before the tribunal or the chairman, by counsel or solicitor, or by any other person allowed by the tribunal or the chairman to appear on his behalf, or may, save in the case of a corporation or unincorporated body, appear in person.
Rule: | 17 | Withdrawal of reference or application | 30/06/1997 |
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The originator may withdraw a reference under section 25 or 26, or an application under section 27, 27A or 41B, at any time before it has been finally disposed of, by notice in writing served on the clerk (who shall serve copies thereof on every other party to the proceedings), but such withdrawal shall be without prejudice to the tribunal’s power to make an order as to the payment of costs incurred up to the time of service of the notice: (L.N. 5 of 1997)
Provided that, on the application of a licensing body named therein or of any other party, the tribunal may proceed with the reference or application notwithstanding its purported withdrawal and may for this purpose substitute such part as originator and give such consequential directions as may be necessary.
Rule: | 18 | Decision of the tribunal | 30/06/1997 |
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Rule: | 19 | Application for reference of question of law to the court | 30/06/1997 |
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Rule: | 19A | Appeal to the court from decision of the tribunal | 30/06/1997 |
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An appeal to the court under section 30B on a question of law arising from a decision of the tribunal shall be brought within 28 days of the date of the decision or within such further period as the court may, on an application to it, allow.
(L.N. 5 of 1997)
Rule: | 20 | Suspension of orders, etc., upon appeal or reference to the court | 30/06/1997 |
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(L.N. 5 of 1997)
Rule: | 20A | Application to suspend order | 30/06/1997 |
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Expanded Cross Reference:
11, 12, 13, 14, 15, 16, 17
(L.N. 5 of 1997)
Rule: | 20B | Notice of suspension | 30/06/1997 |
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Where an order of the tribunal has been suspended under rule 20 or 20A or by the court, the clerk shall serve notice of the suspension on all parties to the proceedings and, if particulars of the order have been advertised, shall cause notice of the suspension to be advertised in the same manner.
(L.N. 5 of 1997)
Rule: | 21 | Effect of suspension of order | 30/06/1997 |
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If the operation of any order is suspended by the tribunal under rule 20 or by the court, then, while the order remains suspended, section 29(1) and (3) shall not have effect in relation to the order, but section 25(7)(b) (and section 26(5) to the extent that it applies section 25(7)(b) for the purposes of section 26) shall continue to have effect as if the order had not been suspended.
Rule: | 22 | Application of Arbitration Ordinance | 30/06/1997 |
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Sections 2H, 14, 16 and 19 of the Arbitration Ordinance (Cap 341) shall apply in the case of proceedings before the tribunal as they respectively apply to an arbitration where no contrary intention is expressed in the arbitration agreement.
(L.N. 35 of 1990)
Rule: | 23 | Costs | 30/06/1997 |
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The costs of and incidental to any proceedings shall be in the discretion of the tribunal, which may direct that any party against whom an order for costs is made shall pay to any other party a lump sum by way of costs, or such proportion of the costs as may be just and in the last-mentioned case the tribunal may assess the sum to be paid or may direct that it be assessed by the chairman, or taxed by a Registrar of the Supreme Court.
Rule: | 24 | Fees | 30/06/1997 |
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The fees specified in Schedule 2 shall be payable in respect of the matters therein mentioned.
(L.N. 5 of 1997)
Rule: | 25 | Service of documents | 30/06/1997 |
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Rule: | 26 | Time | 30/06/1997 |
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(1) The time for doing any act may whether it has already expired or not, be extended–
Provided that the time limited under rule 19(1) shall not be extended without leave.
Rule: | 27 | Office hours | 30/06/1997 |
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The office shall be open at such times as the chairman may direct.
Rule: | 28 | Failure to comply with directions | 30/06/1997 |
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If any party fails to comply with any direction given, in accordance with these rules, by the tribunal or the chairman, the tribunal may, if it considers that the justice of the case so requires, direct that such party be debarred from taking any further part in the proceedings without leave of the tribunal.
Rule: | 29 | Power of tribunal to regulate procedure | 30/06/1997 |
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Subject to the provisions of the Act and these rules, the tribunal shall have power to regulate its own procedure.
Schedule: | 1 | FORMS | 30/06/1997 |
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[rule 2(2)]
(L.N. 5 of 1997) FORM 1 [rule 3(1)] COPYRIGHT ACT 1956
COPYRIGHT (HONG KONG) ORDERS 1972 TO 1990 COPYRIGHT TRIBUNAL
Notice of Reference under section 25
To:–The Clerk Copyright Tribunal
*[an organization claiming to be representative of persons requiring licences in cases].
*[a person claiming that he requires a licence in a case] to which the scheme applies].
*4. The originator is an organization representing [here give particulars of the persons whom the originator claims to represent and the grounds on which it claims to represent them].
5. There are delivered herewith–
6. All communications about this reference should be addressed to *[the originator at the address shown above] *[name and address–Solicitor(s)/Agent(s) for the originator].
Signed .............................
Status of signatory≠........................ Date ...............................
FORM 2
≠ Insert as appropriate: "Originator" " An officer of the originator" "Solicitor(s) for the originator" "Agent(s) for the originator"
(L.N. 5 of 1997)
[rule 3(1)]
COPYRIGHT ACT 1956
COPYRIGHT (HONG KONG) ORDERS 1972 TO 1990
COPYRIGHT TRIBUNAL
Notice of Further Reference under section 26
To:–The Clerk
Copyright Tribunal
1. TAKE NOTICE that [name and address of licensing body, organization or person making the further reference] (hereinafter called "the originator") hereby refers to the tribunal the licence scheme
*[confirmed] * Delete whichever is inapplicable
*[varied]
by the tribunal by an order dated [ ], and bearing the reference number [ ].
2. There are delivered herewith–
3. All communications about this further reference should be addressed to
*[the originator at the address shown above] * Delete whichever is inapplicable *[name and address–Solicitor(s)/Agent(s) for the originator].
Signed .............................
Status of signatory≠........................ ≠ Insert as appropriate: "Originator"
Date ................................ " An officer of the originator" "Solicitor(s) for the originator" "Agent(s) for the originator"
(L.N. 5 of 1997)
FORM 3 [rule 3(1)]
COPYRIGHT ACT 1956
COPYRIGHT (HONG KONG) ORDERS 1972 TO 1990
COPYRIGHT TRIBUNAL
Notice of Application under section 27
To:–The Clerk
Copyright Tribunal
4. All communications about this application should be addressed to
*[the originator at the address shown above] * Delete whichever is inapplicable *[name and address–Solicitor(s)/Agent(s) for the originator].
Signed .............................
Status of signatory≠ .......................... ≠ Insert as appropriate: "Originator"
Date ................................ " An officer of the originator" "Solicitor(s) for the originator" "Agent(s) for the originator"
(L.N. 5 of 1997)
FORM 4 [rule 3(1)]
COPYRIGHT ACT 1956
COPYRIGHT (HONG KONG) ORDERS 1972 TO 1990
COPYRIGHT TRIBUNAL
Notice of Application under section 27A
To:–The Clerk
Copyright Tribunal
3. All communications about this application should be addressed to *[the originator at the address shown above]
* Delete whichever is *[name and address–Solicitor(s)/Agent(s) for the originator]. inapplicable
Signed ...............................
Status of
signatory≠.......................... ≠ Insert as appropriate: "Originator"
Date ................................. " An officer of the originator" "Solicitor(s) for the originator" "Agent(s) for the originator"
(L.N. 5 of 1997)
FORM 4A [rule 3(1)]
COPYRIGHT ACT 1956
COPYRIGHT (HONG KONG) ORDERS 1972 TO 1990
COPYRIGHT TRIBUNAL
Notice of Application under section 41B(1)
To:–The Clerk
1. TAKE NOTICE that [name and address of applicant] (hereinafter called "the originator"), being *[the owner of the copyright in [describe the work or subject matter]] *[the person claiming to be treated as licensed by the owner of the copyright in [describe the work or subject matter]] hereby applies to the tribunal to settle the royalty or other sum payable pursuant to section 41A of the Copyright Act
1956, as extended to Hong Kong by the Copyright (Hong Kong) Orders 1972 to 1990.
2. There are delivered herewith–
3. All communications about this application should be addressed to *[the originator at the address shown above] *[name and address–Solicitor(s)/Agent(s) for the originator].
Signed ..........................
Status of signatory**...........................
Date ..........................
* Delete whichever is inapplicable.
** Insert as appropriate: "Originator", "An officer of the originator", "Solicitor(s) for the originator" or "Agent(s) for the originator".
(L.N. 5 of 1997)
FORM 4B [rule 3(1)]
COPYRIGHT ACT 1956
COPYRIGHT (HONG KONG) ORDERS 1972 TO 1990
COPYRIGHT TRIBUNAL
Notice of Application under section 41B(3)
To:–The Clerk
1. TAKE NOTICE that *[name and address of owner of the copyright] *[name and address of person claiming to be treated as licensed by the owner of the copyright] (hereinafter called the "originator") hereby applies to the tribunal to vary the tribunal’s order dated [
] and bearing the reference number [ ] in respect of the settlement of the royalty or other sum payable to [name and address of owner of copyright in respect of the work or subject matter].
2. There are delivered herewith–
3. All communications about this application should be addressed to *[the originator at the address shown above] *[name and address–Solicitor(s)/Agent(s) for the originator].
Signed ............................
Status of signatory**............................
Date ............................
* Delete whichever is inapplicable.
** Insert as appropriate: "Originator", "An officer of the originator", "Solicitor(s) for the originator" or "Agent(s) for the originator".
(L.N. 5 of 1997)
FORM 5 [rule 4(1)]
COPYRIGHT ACT 1956
COPYRIGHT (HONG KONG) ORDERS 1972 TO 1990
COPYRIGHT TRIBUNAL
Notice of Application for Special Leave of Tribunal under section 26(2)
To:–The Clerk Copyright Tribunal
1. TAKE NOTICE that [name and address of applicant] (hereinafter called "the applicant") hereby applies for the special leave of the tribunal to refer again to the tribunal the licence scheme.
*[confirmed] * Delete whichever is inapplicable
*[varied]
by the tribunal by an order dated [ ], and
bearing the reference number [ ].
2. The applicant is
*[the licensing body operating the scheme] * Delete whichever is inapplicable
*[an organization claiming to be representative of persons requiring licences in cases of the class to which the said order applies]
*[a person claiming that he requires a licence in a case of the class to which the said order applies].
*[the applicant at the address shown above] * Delete whichever is inapplicable *[name and address–Solicitor(s)/Agent(s) for the applicant].
Signed ................................
Status of
signatory≠ ......................... ≠ Insert as appropriate: "Applicant"
Date .................................. " An officer of the applicant" "Solicitor(s) for the applicant" "Agent(s) for the applicant"
(L.N. 5 of 1997)
FORM 6 [rule 4(1)]
COPYRIGHT ACT 1956
COPYRIGHT (HONG KONG) ORDERS 1972 TO 1990
COPYRIGHT TRIBUNAL
Notice of Application for Special Leave of Tribunal under section 27A(2)
To:–The Clerk
Copyright Tribunal
1. TAKE NOTICE that [name and address of applicant] (hereinafter called "the applicant") hereby applies for the special leave of the tribunal to make an application to it to review its order dated [
], and bearing the reference number [ ].
2. The applicant is
*[the licensing body operating the scheme] * Delete whichever is inapplicable
*[the applicant in the proceedings in which the said order was made].
*[the applicant at the address shown above] * Delete whichever is inapplicable *[name and address–Solicitor(s)/Agent(s) for the applicant].
Signed ..............................
Status of
signatory≠ ........................ ≠ Insert as appropriate: "Applicant"
Date ................................ " An officer of the applicant" "Solicitor(s) for the applicant" "Agent(s) for the applicant"
(L.N. 5 of 1997)
FORM 6A [rule 4(1)]
COPYRIGHT ACT 1956
COPYRIGHT (HONG KONG) ORDERS 1972 TO 1990
COPYRIGHT TRIBUNAL
Notice of Application for Special Leave under section 41B(4)
To:–The Clerk
1. TAKE NOTICE that [name and address of applicant] (hereinafter called "the applicant"), being *[the owner of the copyright in [describe the work or subject matter]] *[The person claiming to be treated as licensed by the owner of the copyright in [describe the work or subject matter]] hereby applies for the special leave of the tribunal to make an application to it to vary its order dated [
] and bearing the reference number [ ].
Signed ...........................
Status of signatory**..........................
Date ...........................
* Delete whichever is inapplicable.
** Insert as appropriate: "Applicant", " An officer of the applicant", "Solicitor(s) for the applicant" or "Agent(s) for the applicant".
(L.N. 5 of 1997)
FORM 7 [rule 6(1)]
COPYRIGHT ACT 1956
COPYRIGHT (HONG KONG) ORDERS 1972 TO 1990
COPYRIGHT TRIBUNAL
Party’s Notice of Objection to Originator’s Credentials
To:–The Clerk
Copyright Tribunal | |
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1. TAKE NOTICE that, in connexion with the proceedings instituted by notice of reference dated [ ] and given by | |
[name of originator], | |
[name of party making the objection], being | |
*[the licensing body named in the notice of reference] | * Delete whichever is inapplicable |
*[*[a person] *[an organization] on whom a copy of the notice of reference was served on [date of service] under rule 3 of the Copyright Tribunal Rules] | |
*[an intervener in the proceedings by virtue of notice of intervention given on [date of notice of intervention]] | |
objects to the originator’s credentials. | |
2. This objection is made on the grounds that [grounds on which it is contended that the originator is not reasonably representative of the class of persons it claims to represent]. | |
Signed ............................... | |
Status of signatory≠ ......................... Date .................................. | ≠ Insert as appropriate: "Objector" " An officer of the objector" "Solicitor(s) for the objector" "Agent(s) for the objector" (L.N. 5 of 1997) |
____________________ | |
FORM 8 | [rule 6(2)] |
COPYRIGHT ACT 1956 |
COPYRIGHT (HONG KONG) ORDERS 1972 TO 1990 COPYRIGHT TRIBUNAL
Tribunal’s Notice of making of an Objection to Originator’s Credentials To:–[name of party]
1. TAKE NOTICE that, in connexion with the proceedings instituted by notice of reference dated [ ] and given by [name of originator], an objection has been made to the originator’s credentials by
*[the tribunal] * Delete whichever is inapplicable *[name of objector].
*[notified to you as soon as practicable] * Delete whichever is inapplicable
*[as follows].
4. As from the date of this notice–
until further notice. Signed ...................................
Clerk to the Tribunal
Date .....................................
(L.N. 5 of 1997)
FORM 9 [rule 6(6)]
COPYRIGHT ACT 1956
COPYRIGHT (HONG KONG) ORDERS 1972 TO 1990
COPYRIGHT TRIBUNAL
Notice of Disposal of Objection to Originator’s Credentials
To:–[name of party]
TAKE NOTICE that, in connexion with the proceedings instituted by notice of reference dated [ ] and given by [name of originator], and with the objection to the originator’s credentials, of which you were informed by notice dated [ ]:
*1. [If the tribunal has considered the objection and is satisfied of the * Delete if inapplicable originator’s credentials]
The tribunal has considered the objection and is satisfied of the originator’s credentials, and, accordingly as from [date from which tribunal directs that stay is to be lifted]–
*2. [If the tribunal has considered the objection and is not satisfied of the * Delete if inapplicable originator’s credentials]
The proceedings are determined as from the date of this notice, save for the purpose of any order the tribunal may make as to costs.
*3. [If the objection has been withdrawn or is not proceeded with] * Delete if inapplicable
The objection *[has been withdrawn] *[is not being proceeded with], and, accordingly, as from [date from which tribunal directs that stay is to be lifted]–
[directions given]. Signed ....................................
Clerk to the Tribunal
Date .....................................
(L.N. 5 of 1997)
FORM 10 [rule 7(1)]
COPYRIGHT ACT 1956
COPYRIGHT (HONG KONG) ORDERS 1972 TO 1990
COPYRIGHT TRIBUNAL
Notice of Intervention
To:–The Clerk Copyright Tribunal
following reasons [give reasons]. | ||
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3. | All communications about this intervention should be addressed to | |
*[the intervener at the address shown above] | ||
*[name and address–Solicitor(s)/Agent(s) for the intervener]. | ||
Signed ............................. | ||
Status of | ||
signatory≠ .......................... | ≠ Insert as appropriate: | |
"Intervener" | ||
Date ................................ | "An officer of the intervener" | |
"Solicitor(s) for the intervener" | ||
"Agent(s) for the intervener" | ||
(L.N. 5 of 1997) | ||
____________________ | ||
FORM 11 | [rule 8(1)] | |
COPYRIGHT ACT 1956 |
COPYRIGHT (HONG KONG) ORDERS 1972 TO 1990 COPYRIGHT TRIBUNAL
Party’s Notice of Objection to Intervener’s Credentials
To:–The Clerk Copyright Tribunal
1. TAKE NOTICE that, in connexion with the proceedings instituted by notice of *[reference] *[application] dated [ * Delete whichever is ] and given by [name of originator], and with the notice of intervention in these inapplicable proceedings given by [name of intervener] and dated [ ], [name of party making the objection], being *[the originator]
*[the licensing body named in the notice of *[reference] *[application]]
[*[a person] *[an organization] on whom a copy of the notice of reference has been
served under rule 3 of the Copyright Tribunal Rules]
*[an intervener in the proceedings by virtue of a notice of intervention
dated ],
objects to the intervener’s credentials.
Signed .............................
Status of signatory≠ .......................... ≠ Insert as appropriate: "Objector"
Date ................................ "An officer of the objector" "Solicitor(s) for the objector" "Agent(s) for the objector"
(L.N. 5 of 1997)
FORM 12 [rule 8(3)]
COPYRIGHT ACT 1956
COPYRIGHT (HONG KONG) ORDERS 1972 TO 1990
COPYRIGHT TRIBUNAL
Tribunal’s Notice of Objection to Intervener’s Credentials To:–[name of intervener]
1. TAKE NOTICE that, in connexion with the proceedings instituted by notice of *[reference] *[application] dated [ * Delete whichever is
] and given by [name of originator], and with your notice of intervention in those inapplicable proceedings dated [ ], the tribunal objects to your credentials.
the tribunal at the same time as the *[reference] *[application]. * Delete whichever is inapplicable
Signed ...................................
Clerk to the Tribunal
Date .....................................
(L.N. 5 of 1997)
FORM 13 [rule 20A]
COPYRIGHT ACT 1956
COPYRIGHT (HONG KONG) ORDERS 1972 TO 1990
COPYRIGHT TRIBUNAL
Notice of Application to Suspend Order of Tribunal under rule 20A(1)
To:–The Clerk
Signed .............................
Status of signatory**.............................
Date ..............................
* Delete whichever is inapplicable.
** Insert as appropriate: "Applicant", "An officer of applicant", "Solicitor(s) for the applicant" or "Agent(s) for the applicant".
(L.N. 5 of 1997)
[rule 24]
(L.N. 5 of 1997) In this Schedule "Registry" means the Registry of the District Court.
Item Particular Fee $
4. (a) Copy of documents typed in the Registry and certifying the same, per page .......
36
(b) Additional copies, per page .......................................................................
4
5. (a) Photostatic copy of a document made in the Registry, per page .................. 4
(b) Photostatic copy and certification, per page ..............................................
5.5
6. Translation made in the Registry of a document from Chinese into English or vice versa, including certificate, per page ........................................................................
72
7. Certifying translations made outside the Registry, from Chinese into English or vice versa, per page ........................................................................................................
36
8. Search in the Registry, for each document or file referred to or required ...............
18
11. On the taxation of a bill of costs or any assessment for every $100 or fraction of $100 of the amount allowed .................................................... 5
(L.N. 106 of 1991; L.N. 310 of 1992; L.N. 102 of 1994)