[法律法规]版权条例(英文版)

【阅读全文】

COPYRIGHT (CHAPTER 39) CONTENT1. Short title2. Interpretation3. Acts restricted by copyright in television and sound broadcasts by Hong Kong organizations4. Transmission of authorized broadcasts by a diffusion service5. Offences in connexion with infringing copies6. Powers of investigating officers7. Restrictions on the entry and search of domestic premises8. Obstruction of investigating officers9. Affidavit evidence10. Time limit for prosecutions11. Governor's power to amend the ScheduleSCHEDULE [s. 3] BROADCASTING ORGANIZATIONSTo modify the Copyright Act 1956 as amended by the Design Copyright Act1968, in its application to Hong Kong and to make further provision withrespect to copyright law in Hong Kong.[2 March 1973] L. N. 46 of 1973 WHOLE DOCUMENT1. Short titleThis Ordinance may be cited as the Copyright Ordinance.2. Interpretation(1) In this Ordinance, unless the context otherwise requires--"Act" means the Copyright Act 1956 (1956 c. 74 U. K.) as amended by theDesign Copyright Act 1968 (1968 c. 68 U. K.);"authorized officer" means any public officer authorized in writing by theCommissioner to exercise any of the powers and perform any of the dutiesconferred or imposed on an authorized officer under this Ordinance;(Amended L. N. 294 of 1982) "Commissioner" means the Commissioner ofCustoms and Excise and any Deputy or Assistant Commissioner of Customs andExcise; (Replaced L. N. 294 of 1982)"plate" has the meaning assigned by the Act and also includes any machine,device or equipment.(2) Subject to the provisions of this Ordinance, any word or expressionused herein to which a meaning is assigned by the Act shall have in or forthe purpose of this Ordinance the meaning that it has in or for thepurposes of the Act.3. Acts restricted by copyright in television and sound broadcasts by HongKong organizations(1) The Act as extended to Hong Kong shall apply in Hong Kong to everytelevision broadcast and every sound broadcast made by any organizationspecified in the Schedule from a place in Hong Kong as it applies to everytelevision broadcast and every sound broadcast made by the BritishBroadcasting Corporation or the Independent Television Authority from aplace in the United Kingdom. (Amended 11 of 1992 s. 2)(2) For the purposes of this section, the place from which a broadcast ismade is, in the case of a satellite transmission, the place from which thesignals carrying the broadcast are transmitted to the satellite. (Added 11of 1992s. 2)4. Transmission of authorized broadcasts by a diffusion service(1) Where a television broadcast or sound broadcast is made by anyorganization specified in the Schedule from a place in Hong Kong, and thebroadcast is an authorized broadcast, any person who, by the reception ofthe broadcast, causes a programme to be transmitted to subscribers to adiffusion service, being a programme comprising a literary, dramatic ormusical work, or an adaptation of such a work, or an artistic work, or acinematograph film, shall be in the like position, in any proceedings forinfringement of the copyright (if any) in the work or film, as if he hadbeen the holder of a licence granted by the owner of that copyright toinclude the work, adaptation or film in any programme caused to betransmitted by him to subscribers to that service by the reception of thebroadcast. (Amended 38 of 1974 s. 2) [cf. 1956 c. 74 s. 40 (3) U. K.](2) If, in the circumstances mentioned in subsection (1), the personcausing the programme to be transmitted, infringed the copyright inquestion, by reason that the broadcast was not an authorizedbroadcast--(a) no proceedings shall be brought against that person under the Act orthis Ordinance in respect of his infringement of that copyright; but(b) if shall be taken into account in assessing damages in any proceedingsagainst the organization specified in the Schedule making the televisionbroadcast or sound broadcast in respect of that copyright, in so far asthat copyright was infringed by such organization in making the broadcast.(Added 38 of 1974 s. 2) [cf. 1956 c. 74 s. 40 (4) U. K.](3) For the purposes of this section, a broadcast shall be taken, inrelation to a work or cinematograph film, to be an authorized broadcastif, but only if, it is made by, or with the licence of, the owner of thecopyright in the work or film.5. Offences in connexion with infringing copies(1) Without prejudice to section 21 of the Act, any person who for thepurposes of trade or business has in his possession any infringing copy ofa work or other subject matter in which copyright subsists under the Actor this Ordinance shall, unless he proves to the satisfaction of the courtthat he did not know and that he had no reason to believe that it was aninfringing copy of any such work or other subject matter, be guilty of anoffence and shall be liable on conviction to a fine of $1,000 in respectof each such infringing copy and to imprisonment for 12 months.(2) Without prejudice to section 21 of the Act, any person who for thepurposes of trade or business has in his possession any plate used orintended to be used for making an infringing copy of any work or othersubject matter in which copyright subsists under the Act or this Ordinanceshall, unless he proves to the satisfaction of the court that he did notknow and that he had no reason to believe that the plate was used orintended to be used for making an infringing copy of any such work orother subject matter, be guilty of an offence and shall be liable onconviction to a fine of $50,000 and to imprisonment for 2 years.(3) Where a person is charged with an offence under subsection (1) or (2)the court may, if it is satisfied that any article seized by an authorizedofficer under section 6 in connexion with the offence-- (Amended L. N. 34of 1990)(a) is an infringing copy of a work or other subject matter in whichcopyright subsists under the Act or this Ordinance;(b) is a plate which has been used, or is intended to be used, for makinginfringing copies of any such work or other subject matter; or(c) has been used in connexion with any offence under the Act or thisOrdinance, order that the article be--(i) destroyed;(ii) delivered up to the person who appears to the court to be the ownerof the copyright in question; or(iii) disposed of in such other way as the court may think fit,whether or not the person charged is convicted of the offence with whichhe was charged.(4) Where any article is seized by an authorized officer under section 6in connexion with a suspected offence under the Act or this Ordinance acourt, on the application of the Attorney General or the Commissioner,may, if it is satisfied that the article-(Amended L. N. 294 of 1982)(a) is an infringing copy of a work or other subject matter in whichcopyright subsists under the Act or this Ordinance;(b) is a plate which has been used, or is intended to be used, for makinginfringing copies of any such work or other subject matter; or(c) has been used in connexion with any offence under the Act or thisOrdinance, order that the article be--(i) destroyed;(ii) delivered up to the person who appears to the court to be the ownerof the copyright in question; or(iii) disposed of in such other way as the court may think fit. (Replaced66 of 1975 s. 2)6. Powers of investigating officers(1) Any authorized officer may--(a)(i) subject to section 7, enter and search any premises or place;(ii) stop, board and search any vessel (other than a ship of war) or anyaircraft (other than a military aircraft); or(iii) stop and search any vehicle,in which he reasonably suspects that there is an infringing copy of a workor other subject matter in which copyright subsists under the Act or thisOrdinance or a plate used or intended to be used for making infringingcopies of any such work or other subject matter; and(b) seize, remove or detain--(i) any article which appears to him to be an infringing copy of a work orother subject matter in which copyright subsists under the Act or thisOrdinance or any plate which appears to him to be intended for use formaking infringing copies of any such work or other subject matter; and(ii) anything which appears to him to be or to contain, or to be likely tobe or to contain, evidence of an offence under the Act or this Ordinance.(2) Any authorized officer may--(a) break open any outer or inner door of any place which he is empoweredor authorized by this Ordinance to enter and search;(b) forcibly board any vessel, aircraft or vehicle which he is empoweredby this Ordinance to stop, board and search;(c) remove by force any person or thing obstructing him in the exercise ofany power conferred on him by this Ordinance;(d) detain any person found in any place which he is empowered orauthorized by this Ordinance to search until such place has been searched;(e) detain any vessel or aircraft which he is empowered by this Ordinanceto stop, board and search, and prevent any person from approaching orboarding such vessel or aircraft until it has been searched;(f) detain any vehicle which he is empowered by this Ordinance to stop andsearch until it has been searched.(Amended 38 of 1974 s. 4)7. Restrictions on the entry and search of domestic premises(1) No domestic premises shall be entered and searched by an authorizedofficer unless--(a) a magistrate has issued a warrant under subsection (2); or(b) the Commissioner has given an authorization under subsection (3).(Amended L. N. 294 of 1982)(2) A magistrate may, if he is satisfied by information on oath that thereis reasonable ground for suspecting that there is in any domestic premisesany article which may be seized, removed or detained under section 6 (1)(b), issue a warrant authorizing an authorized officer to enter and searchthe premises.(3) The Commissioner may, if he is satisfied that there is reasonableground for suspecting-- (Amended L. N. 294 of 1982)(a) that there is in any domestic premises any article which may beseized, removed or detained under section 6 (1) (b); and(b) that unless the premises are entered and searched immediately suchthing is likely to be removed from the premises, authorize in writing anauthorized officer to enter and search the premises.(4) An authorized officer authorized under subsection (2) or (3) to enterand search any domestic premises may call upon any authorized officer toassist him in entering and searching the premises.(Amended 38 of 1974 s. 5)8. 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 powersor the performance of his duties under the Act or this Ordinance;(b) wilfully fails to comply with any requirement properly made to him byany such authorized officer; or(c) without reasonable excuse, fails to give such authorized officer anyother assistance which he may reasonably require to be given for thepurpose of exercising his powers or performing his duties under the Act orthis Ordinance,shall be guilty of an offence and shall be liable on conviction to a fineof $5,000 and to imprisonment for 3 months.(2) Any person who, when required to give information to an authorizedofficer in the exercise of his powers or the performance of his dutiesunder the Act or this Ordinance, knowingly gives false or misleadinginformation to any such authorized officer shall be guilty of an offenceand shall be liable on conviction to a fine of $5,000 and to imprisonmentfor 3 months.(3) Nothing in this section shall be construed as requiring any person togive any information which may incriminate him.(Amended 38 of 1974 s. 6)9. Affidavit evidence(1) An affidavit which--(a) purports to have been made by or on behalf of the owner of a work orother subject matter in which copyright subsists under the Act; and(b) states that--(i) at a time specified therein copyright subsisted in the work or othersubject matter;(ii) the person named therein is the owner of the copyright in the work orother subject matter; and(iii) a copy of the work or other subject matter exhibited to theaffidavit is a true copy of the work or other subject matter,shall, if it complies with subsection (3), be admitted without furtherproof in any proceedings under the Act or this Ordinance.(2) The court before whom an affidavit is produced under subsection (1)shall presume, until the contrary is proved--(a) that the statements made therein are true; and(b) that it was made and authenticated in accordance with subsection (3).(3) An affidavit for the purposes of this section shall be--(a) made on oath--(i) before a magistrate or a notary public if it is made at any placewithin the Commonwealth; or(ii) before a consular officer of Her Majesty's Government in the UnitedKingdom or a notary public if it is made at any place outside theCommonwealth; and(b) authenticated, so far as relates to the making thereof, by thesignature of the magistrate, notary public or consular officer before whomit is made.10. Time limit for prosecutionsNo prosecution for an offence under the Act or this Ordinance shall becommenced after the expiration of 3 years after the commission of theoffence or 1 year after the discovery thereof, whichever date last occurs.11. Governor's power to amend the ScheduleThe Governor may, by notice in the Gazette, amend the Schedule. SCHEDULE [s. 3] BROADCASTING ORGANIZATIONS1. Radio Television Hong Kong.2. Hong Kong Commercial Broadcasting Company Limited.3. Television Broadcasts Limited.4. Asia Television Limited.5. Metro Broadcast Corporation Limited. (Added L. N. 228 of 1991)6. Hutchvision Hong Kong Limited. (Added L. N. 41 of 1992)(Amended L. N. 231 of 1980; L. N. 31 of 1983)

(完)