WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IPIN/IIHKG/C/2 
20 March 2000 
(00-1139) 
Original: English/ 
anglaisl 
ingIes 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
HONG KONG, CHINA 
The present document reproduces the textl of the Prevention of Copyright Piracy Ordinance, 
as notified by Hong Kong, China under Article 63.2 of the Agreement (see document IPIN/lIHKG/2). 
Conseil des aspects des droits de proprit!te 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES.A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
HONG KONG, CHINE 
Le present document contient le textel de l'Ordonnance sur la lutte contre la piraterie dans le 
domaine du droit d'auteur, notifiee par Hong Kong, Chine au titre de l'article 63:2 de l'Accord (voir le 
document IPINIlIHKG/2). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL pARRAFO 2 
DEL ARTicULO 63 DEL ACUERDO 
HONG KONG, CHINA 
En el presente documento se reproduce el textol de la Orden sobre Prevenci6n de la Pirateria 
del Derecho de Autor notificado por Hong Kong, China en virtud del parrafo 2 del articulo 63 del 
Acuerdo (vease el documento IPINIlIHKG/2). 
I In English only'/En anglais seulement.lEn ingles solamente. IP/N/lIHKGIC/2 
Page 2 
Chapter: 544 Title: 
Heading: PREVENTION OF 
COPYRIGHT PIRACY 
ORDINANCE 
Long title Gazette Number: L.N. 235 of 
1998 
Version Date: 29/05/1998 
An Ordinance to make further provision for the prevention of copyright piracy. 
[The Ordinance 
(other than sections 21 and 
22) 
Sections 21 and 22 
(Originally 22 of 1998) 
Chapter: 544 Title: 
Section: 1 Heading: : 29 May 1998 
: 29 August 1998 L.N. 235 of 1998] 
PREVENTION OF Gazette Number: L.N. 235 of 
COPYRIGHT PIRACY 1998 
ORDINANCE 
Short title Version Date: 29/0511998 
Preliminary 
(I) This Ordinance may be cited as the Prevention of Copyright Piracy Ordinance. 
(2) (Omitted as spent) Chapter: 544 
Section: 2 Title: 
Heading: PREVENTION OF 
COPYRIGHT PIRACY 
ORDINANCE 
Interpretation 
(1) In this Ordinance, unless the context otherwise requires-IP/NIl/HKG/C/2 
Page 3 
Gazette Number: L.N. 235 of 
1998 
Version Date: 29/0511998 
"authorized officer" means a public officer authorized by the Commissioner under section 
32; 
"Commissioner" means the Commissioner of Customs and Excise and any Deputy or Assistant 
Commissioner of Customs and Excise; 
"court" includes a magistrate; 
"licence" means a licence granted under section 5; 
"licensed premises", in relation to a licensee, means any premises specified in his 
licence in which optical discs are authorized to be manufactured; 
"licensee" means a person to whom a licence is granted, and includes any person to whom 
a licence is transferred in accordance with section 8; 
"manufacturer's code" means a manufacturer's code assigned to a licensee under section 
5(2)(a) or 8(3)(b); 
"optical disc" includes-
(a) any medium or device listed in Schedule 1; and 
(b) any other medium or device on which data may be stored in digital form and read by means 
of a laser, 
and, for greater certainty, includes any such medium or device manufactured for any purpose and 
whether or not any data readable by means of a laser has been stored on it; 
"place" means any area on land or water and includes any building, structure or enclosure, whether 
moveable or not; 
"register" means the register kept by the Commissioner under section 31. 
(2) For the purpose of this Ordinance, a person manufactures optical discs in Hong Kong if he owns, 
directs, manages or otherwise has control of a business in Hong Kong which includes the manufacturing of 
optical discs in Hong Kong. 
(3) All other words and expressions used in this Ordinance and defined in the Copyright Ordinance 
(Cap 528) have the same meaning as in that Ordinance. 
Chapter: 544 Title: PREVENTION OF Gazette Number: L.N. 235 of 
COPYRIGHT PIRACY 1998 
ORDINANCE 
Section: 3 Heading: Licence required to Version Date: 29/0511998 
manufacture optical discs 
Licences to manufacture optical discs 
(1) No person shall manufacture optical discs in Hong Kong unless he holds a valid licence. 
(2) Subsection (1) does not apply-
(a) to an employee of a licensee who manufactures optical discs in the course of his 
employment; or 
Cb) to the manufacture of optical discs for a purpose prescribed by the regulations. IP/N/IIHKG/C/2 
Page 4 
Chapter: 544 
Section: 4 Title: 
Heading: PREVENTION OF Gazette Number: L.N. 235 of 
COPYRIGHT PIRACY 1998 
ORDINANCE 
Prohibition on Version Date: 29/05/1998 
manufacturing at 
unlicensed premises 
(l) No licensee shall manufacture optical discs in any place in Hong Kong other than a licensed 
premises. 
(2) Subsection (l) does not apply to the manufacture of optical discs for a purpose prescribed by the 
regulations. 
Chapter: 544 Title: PREVENTION OF Gazette Number: L.N. 235 of 
COPYRIGHT PIRACY 1998 
ORDINANCE 
Section: 5 Heading: Application for and grant of Version Date: 29/0511998 
licence 
(l) The Commissioner may grant a licence to any person who makes an application for a licence in 
accordance with this Ordinance. 
(2) In granting a IJcence, the Commissioner-
(a) shall assign to the licensee a manufacturers' code; 
(b) shall impose all of the conditions as may be published by him from time to time by notice in 
the Gazette for the purpose of this section; and 
(c) may impose such other conditions as he thinks fit for-
(i) preventing the manufacture of infringing copies of copyright works; 
(ii) protecting the rights of copyright owners and other persons to whom rights are 
conferred under the Copyright Ordinance (Cap 528); 
(iii) securing compliance by the licensee with any provisions of this Ordinance or the 
regulations; 
(iv) securing compliance by the licensee with any conditions of the licence; and 
(v) ensuring the effective administration of this Ordinance. 
(3) A manufacturer's code shall consist of­
(a) one or more letters or numbers; 
(b) a mark, sign, symbol or device; or 
(c) any combination of letters, numbers, marks, signs, symbols or devices, 
as determined by the Commissioner. 
(4) A notice published under subsection (2)(b) shall not be regarded as subsidiary legislation. 
Chapter: 544 Title: PREVENTION OF Gazette Number: L.N. 235 of 
COPYRIGHT PIRACY 1998 
ORDINANCE 
Section: 6 Heading: Form, duration and effect of Version Date: 29/05/1998 
licence 
(1) Every licence shaH be in a form determined by the Commissioner and shall be valid for such 
period, not exceeding 3 years, as is specified in the licence. 
(2) Every licence shall authorize the person named therein to manufacture optical discs in the 
premises specified in the licence. 
(3) The following matters shall be endorsed on a licence­
(a) any conditions imposed under section 5(2) or 8(3); 
(b) the manufacturer's code assigned to the licensee; 
(c) any amendments made to the licence under section 7 or to any conditions endorsed on the 
licence under section 8(3); and 
(d) any transfer of the licence approved under section 8. Chapter: 544 Title: 
Section: 7 Heading: PREVENTION OF Gazette Number: 
COPYRIGHT PIRACY 
ORDINANCE 
Amendment and renewal of Version Date: 
licence IP/N/lIHKG/C/2 
Page 5 
L.N. 235 of 
1998 
29/0511998 
(1) The Commissioner may amend or renew a licence upon application made by the licensee in 
accordance with this Ordinance. 
(2) An application to amend or renew a licence must be made during such period as the 
Commissioner may specify. 
(3) Sections 5 and 6 apply, with such modifications as the circumstances require, to the amendment 
or renewal of a licence under this section. 
Chapter: 544 Title: PREVENTION OF Gazette Number: L.N. 235 of 
COPYRIGHT PIRACY 1998 
ORDINANCE 
Section: 8 Heading: Transfer of licence Version Date: 29/0511998 
(l) A licensee may transfer his licence to another person if the Commissioner approves the transfer 
under subsection (2). 
(2) The Commissioner may upon application made by a licensee in accordance with this Ordinance, 
showing cause to his satisfaction, approve the transfer of the licence to another person. 
(3) In approving the transfer of a licence, the Commissioner may-
Chapter: 
Section: (a) amend any conditions endorsed on the licence or impose any new conditions as he thinks fit, 
including any conditions referred to in section 5(2)(b); and 
(b) assign to the person to whom the licence is transferred a manufacturer's code in substitution 
for the manufacturer's code endorsed on the licence. 
544 Title: PREVENTION OF Gazette Number: L.N. 235 of 
COPYRIGHT PIRACY 1998 
ORDINANCE 
9 Heading: Display of licence Version Date: 29/05/1998 
(1) Subject to subsection (2), a licensee shall cause his licence to be displayed at all times in a 
conspicuous location at the licensed premises. 
(2) If there is more than one licensed premises, the licensee shall-
Chapter: 
Section: Ca) cause the licence to be displayed at any of the licensed premises; and 
Cb) obtain a duplicate licence from the Commissioner for each other I icensed premises and 
cause it to be displayed at all times in a conspicuous location at that licensed premises. 
544 Title: PREVENTION OF Gazette Number: L.N. 235 of 
COPYRIGHT PIRACY 1998 
ORDINANCE 
10 Heading: New information to be Version Date: 29/05/1998 
furnished 
(1) A licensee shall notify the Commissioner of any change which occurs In relation to any 
particulars set out in-
(a) any application made by him under this Ordinance; or 
(b) any notice previously given by him under this section. 
(2) The licensee shall so notify the Commissioner not later than 30 days after the change takes 
effect. 
(3) A notice under this section shall be given in such form and manner as the Commissioner may 
require. IP/NIlIHKGIC/2 
Page 6 
Chapter: 544 Title: PREVENTION OF Gazette Number: L.N. 235 of 
COPYRIGHT PIRACY 1998 
ORDINANCE 
Section: 11 Heading: Refusal to grant or renew Version Date: 29/05/1998 
licence 
(l) The Commissioner may refuse to grant a licence, or to renew a licence, if he is satisfied that-
(a) the applicant for the licence or renewal, or a partnership or body corporate managed, owned 
or controlled by him, has been convicted of an offence under this Ordinance or the 
Copyright Ordinance (Cap 528) or under any previous law of Hong Kong relating to 
copyright; 
(b) an offence under this Ordinance or the Copyright Ordinance (Cap 528) or under any 
previous law of Hong Kong relating to copyright has been committed in connection with any 
premises to which the application for the licence or renewal relates, whether or not any 
person has been convicted of that offence; 
(c) the applicant has furnished to the Commissioner any false or misleading information in 
connection with any application made, or notice given, by him under this Ordinance; or 
(d) the applicant is not, for any other reason satisfactory to the Commissioner, a fit and proper 
person to hold a licence. 
(2) If the Commissioner refuses to grant or renew a licence, he shall notify the applicant in writing of 
the grounds for the refusal within 14 days after his decision. 
Chapter: 544 Title: 
Section: 12 Heading: PREVENTION OF 
COPYRIGHT PIRACY 
ORDINANCE 
Revocation of licence Gazette Number: L.N. 235 of 
1998 
Version Date: 29/05/1998 
(l) The Commissioner may revoke a licence on any of the grounds for which he may refuse to grant 
or renew a licence under section 11 (l). 
(2) In addition, the Commissioner may revoke a licence if he is satisfied that the licensee­
(a) has ceased to manufacture optical discs in Hong Kong; 
(b) has ceased to manufacture optical discs at any licensed premises; or 
(c) is in breach of, or is unable to comply with, any conditions endorsed on the licence. 
(3) The Commissioner shall not revoke a licence unless he first-
(a) notifies the licensee in writing of his intention and the grounds upon which he proposes to 
revoke the licence; and 
(b) permits the licensee to make representations to him in writing. 
(4) Representations under subsection (3)(b) shall be made within 14 days from the date of the 
notification under subsection (3)(a) or within such greater period as is specified in the notice. 
(5) If the Commissioner revokes a licence, he shall notify the licensee in writing of the grounds for 
the revocation within 14 days after his decision. 
(6) F or the purpose of subsection (1)-
(a) any reference in section 11(1) to an applicant shall be construed as a reference to a licensee; 
and 
(b) the reference in section 1I(l)(b) to the application for the licence or renewal shall be 
construed as a reference to the licence. Chapter: 544 Title: 
Section: 13 Heading: PREVENTION OF 
COPYRIGHT PIRACY 
ORDINANCE 
Cancellation of licence IPINIlIHKG/C/2 
Page 7 
Gazette Number: L.N. 235 of 
1998 
Version Date: 29/0511998 
The Commissioner may cancel a licence upon application made by the licensee in accordance with this 
Ordinance. 
Chapter: 544 Title: PREVENTION OF Gazette Number: L.N. 235 of 
COPYRIGHT PIRACY 1998 
ORDINANCE 
Section: 14 Heading: Appeals to Administrative Version Date: 29/0511998 
Appeals Board 
Any person who is aggrieved by a decision of the Commissioner made under section 11 or 12 may 
appeal the decision to the Administrative Appeals Board. 
Chapter: 544 Title: PREVENTION OF Gazette Number: L.N. 235 of 
COPYRIGHT PIRACY 1998 
ORDINANCE 
Section: 15 Heading: Optical discs must be Version Date: 29/0511998 
marked with 
manufacturer's code 
Marking of optical discs 
(1) Every licensee shall cause each optical disc manufactured by him in Hong Kong to be marked 
with the manufacturer's code endorsed on his licence. 
(2) Subsection (1) does not apply to the manufacture of optical discs for a purpose prescribed by the 
regulations. 
(3) In this section, "marked" means to be marked in accordance with the standards specified 
by the Commissioner under section 16. 
Chapter: 544 
Section: 16 Title: 
Heading: PREVENTION OF 
COPYRIGHT PIRACY 
ORDINANCE 
Marking standards Gazette Number: L.N. 235 of 
1998 
Version Date: 29/0511998 
(1) The Commissioner may by notice published in the Gazette specify standards for the marking of 
manufacturers' codes on optical discs. 
(2) Without limiting the generality of subsection (1), a notice published under this section may­
(a) specifY standards in relation to different classes or descriptions of optical discs; 
(b) specify standards relating to the manner in which, and the means by which, manufacturers' 
codes are to be marked on optical discs or on optical discs of any class or description; and 
(c) adopt or incorporate by reference standards that have been published by any body or 
authority, with or without modification and either as in effect on a particular date specified in 
the notice or as amended from time to time. 
(3) A notice published under this section shall not be regarded as subsidiary legislation. IPIN/l/HKGIC/2 
Page 8 
Chapter: 544 Title: 
Section: 17 Heading: PREVENTION Of 
COPYRIGHT PIRACY 
ORDINANCE Gazette Number: L.N. 235 of 
1998 
Power of authorized officers Version Date: 29/05/1998 
to inspect licensed 
premises, etc. 
Inspection and enforcement 
(l) Every authorized officer shall for the purposes of this Ordinance have power to do all or any of 
the following things-
(a) to enter at all reasonable times (or, if specially authorized in writing by the Commissioner, at 
any time) any licensed premises; 
(b) to inspect and search the licensed premises and every part thereof; 
(c) to require the production of any licence relating to the operation of the I icensed premises or 
the business concerned, whether granted under this Ordinance or otherwise; 
(d) to require the production of any book or document relating to the business concerned, 
including any licence or other document relating to a person's right to manufacture optical 
discs; 
(e) to inspect, remove and detain for the purpose of examination for so long as the 
Commissioner may consider necessary and to examine and copy any such licence, book or 
document; 
(f) to remove and detain for the purpose of examination for so long as the-Commissioner may 
consider necessary and to examine samples of optical discs found in the licensed premises; 
(g) to make such examination and inquiry as may be necessary to ascertain whether the 
provisions of this Ordinance or the Copyright Ordinance (Cap 528) or the conditions of any 
licence granted under this Ordinance are being, or have been, complied with; and 
Ch) to exercise such other powers as may be necessary for giving effect to the provisions of this 
Ordinance. 
(2) A licensee and the employees, servants or agents of a licensee shall furnish the means required by 
an authorized officer to enable him to exercise his powers or perform his duties under this section. 
(3) If in pLirsuance of this section any authorized officer, having demanded admission into any place 
and declared his name and business at any entrance thereof, is not immediately admitted, he and any person 
acting in his aid may break into and forcibly enter the place. Chapter: 544 Title: 
Section: 18 Heading: IPINIlIHKG/C/2 
Page 9 
PREVENTION OF Gazette Number: L.N. 235 of 
COPYRIGHT PIRACY 1998 
ORDINANCE 
Power of authorized officers Version Date: 29/0511998 
to enter and search, etc. 
(1) An authorized officer may-
(a) subject to section 19, enter and search any place; and 
(b) stop, board and search any vessel, aircraft or vehicle (other than a ship of war, military 
aircraft or military vehicle), 
in which he reasonably suspects that there is-
(i) any optical disc which has been manufactured in contravention of this Ordinance; or 
(ii) any machinery, equipment or other thing which may be or may contain, or which may likely 
be or contain, evidence of an offence under this Ordinance. 
(2) An authorized officer may, in exercising his powers under subsection (1), seize, remove or 
detain-
(a) any optical disc which appears to him to have been, or to be likely to have been, 
manufactured in contravention of this Ordinance; and 
(b) any machinery, equipment or other thing which appears to him to be or to contain, or to be 
likely to be or to contain, evidence of an offence under this Ordinance. 
(3) An authorized officer may seize, remove or detain any vessel, aircraft or vehicle (other than a 
ship of war, military aircraft or military vehicle) which he is empowered by this section to stop, board and 
search and which he reasonably suspects is being used, or to have been used, in connection with an offence 
under this Ordinance. 
(4) An authorized officer may-
(a) break into and forcibly enter any place which he is empowered by this section to enter and 
search; 
(b) forcibly board any vessel, aircraft or vehicle which he is empowered by this section to stop, 
board and search; 
(c) remove by force any person or thing obstructing him in the exercise of any power conferred 
on him by this section; 
(d) detain any person found in any place which he is empowered by this section to enter and 
search until such place has been searched; and 
(e) prevent any person from approaching or boarding any vessel, aircraft or vehicle which he is 
empowered by this section to stop, board and search until it has been searched. 
(5) Where it is not practicable to remove any machinery, equipment or other thing pursuant to 
subsection (2)(b), an authorized officer may seal the machinery, equipment or other thing or the place 
where it is kept so as to prevent its use without breaking the seal. 
(6) Where a place is sealed under subsection (5), the period for which the place is sealed shall not 
exceed 14 days unless an order has been made under subsection (8). 
(7) The Commissioner may apply to a magistrate for an order that the period under subsection (6) be 
extended or further extended for such period as specified in the application. 
(8) Upon an application made under subsection (7), the magistrate may, if having regard to all the 
circumstances of the case he thinks proper so to do, make an order extending or further extending the period 
under subsection (6) for such period as he thinks fit. IP/N/lIHKGIC/2 
Page 10 
Chapter: 544 Title: PREVENTION OF Gazette Number: L.N. 235 of 
COPYRIGHT PIRACY 1998 
ORDINANCE 
Section: 19 Heading: Authority to issue warrant Version Date: 29/0511998 
for entry and search 
(1) A magistrate may, if he is satisfied by information on oath that there are reasonable grounds for 
suspecting that there is in any place-
(a) any optical disc which has been manufactured in contravention of this Ordinance; or 
(b) any machinery, equipment or other thing which may be or may contain, or which may likely 
be or contain, evidence of an offence under this Ordinance, 
issue a warrant authorizing an authorized officer to enter and search the place. 
(2) Subject to subsection (3), an authorized officer shall not enter and search any place under section 
18(1)(a) except under the authority of a warrant issued under this section. 
(3) An authorized officer may enter and search any place under section 18(1)(a) without a warrant 
issued under this section if the delay necessary to obtain a warrant could result in the loss or destruction of 
evidence or for any other reason it would not be reasonably practicable to obtain a warrant. 
Chapter: 544 Title: PREVENTION OF Gazette Number: L.N. 235 of 
COPYRIGHT PIRACY 1998 
ORDINANCE 
Section: 20 Heading: Seized optical discs, etc., Version Date: 29/05/1998 
liable to forfeiture 
(1) Any optical disc, machinery, equipment or other thing seized, removed or detained by an 
authorized officer under section 18(2) or any machinery, equipment or other thing sealed by an authorized 
officer under section 18(5) is liable to forfeiture in accordance with this section and whether or not any 
person has been charged with an offence under this Ordinance. 
(2) Sections 131 and 133 of the Copyright Ordinance (Cap 528) shall apply in respect of any optical 
disc, machinery, equipment or other thing liable to forfeiture under subsection (1), with such modifications 
as the circumstances require. 
(3) For the purpose of applying sections 131 and 133 of the Copyright Ordinance (Cap 528), any 
reference in those sections-
(a) to an offence under section 118 or 120 of that Ordinance shall be construed as a reference 
to an offence under this Ordinance; 
(b) to an article, vessel, aircraft, vehicle or thing seized or detained by an authorized officer 
under section 122 of that Ordinance shall be construed as a reference to any optical disc, 
machinery, equipment or other thing seized, removed or detained by an authorized officer 
under section 18(2) or any machinery, equipment or other thing sealed by an authorized 
officer under section 18(5) of this Ordinance; or 
(c) to section 132 of that Ordinance shall be construed as a reference to section 27 of this 
Ordinance. Chapter: 544 Title: 
Section: 21 Heading: IP/N/lIHKG/C/2 
Page 11 
PREVENTION OF 
COPYRIGHT PIRACY Gazette Number: L.N. 235 of 
1998 
ORDINANCE 
Manufacturing optical discs Version Date: 
without licence, etc. 
Offences and penalties 29/08/1998 
(1) Any person who contravenes section 3 commits an offence and is liable-
(a) on a first conviction, to a fine of $500000 and to imprisonment for 2 years; and 
(b) on a second or subsequent conviction, to a fine of $1000000 and to imprisonment for 4 
years. 
(2) Any person who contravenes section 4 or 15 commits an offence and is liable-
(a) on a first conviction, to a fine at level 6 and to imprisonment for 2 years; and 
(b) on a second or subsequent conviction, to a fine of $200000 and to imprisonment for 4 
years. 
(3) Any licensee who manufactures optical discs in contravention of any conditions endorsed on his 
licence commits an offence and is liable-
Ca) on a first conviction, to a fine at level 2 and to imprisonment for 6 months; and 
(b) on a second or subsequent conviction, to a fine at level 4 and to imprisonment for 1 year. 
(4) Any person who contravenes section 9 or 10 commits an offence and is liable on conviction to a 
fine at level 2 ~md to imprisonment for 6 months. 
(5) In any proceedings for an offence under subsection (3), it shall be a defence for the person 
charged to prove that he took all reasonable steps and exercised all due diligence to avoid the commission of 
the offence. 
Chapter: 544 Title: PREVENTION OF Gazette Number: L.N. 235 of 
COPYRIGHT PIRACY 1998 
ORDINANCE 
Section: 22 Heading: Applying false Version Date: 29/0811998 
manufacturer's code, etc. 
(1) Any person who-
(a) forges a manufacturer's code; 
(b) falsely applies to an optical disc a manufacturer's code or any mark so resembling a 
manufacturer's code as to be calculated to deceive; 
(c) makes any die, block, machine or other instrument for the purpose of forging, or of being 
used for forging, a manufacturer's code; 
(d) disposes of or has in his possession any die, block, machine or other instrument for the 
purpose of forging a manufacturer's code; or 
(e) causes to be done anything referred to in paragraph (a), (b), (c) or (d), 
commits an offence. 
(2) Any person who commits an offence under subsection (1) is liable-
(a) on a first conviction, to a fine of $500000 and to imprisonment for 2 years; and 
(b) on a second or subsequent conviction, to a fine of $1000000 and to imprisonment for 4 
years. 
(3) In any proceedings for an offence under subsection (1) it shall be a defence for the person 
charged to prove that he acted without intent to deceive or defraud. IP/N/1/HKGIC/2 
Page 12 
Chapter: 544 Title: 
Section: 23 Heading: PREVENTION OF 
COPYRIGHT PIRACY 
ORDINANCE 
False and misleading 
statements Gazette Number: L.N. 235 of 
1998 
Version Date: 29/0511998 
Any person who makes any false or misleading statement or furnishes any false or misleading 
information in connection with-
(a) any application made, or notice given, by him under this Ordinance; or 
(b) any request by the Commissioner or an authorized officer for infonnation under this 
Ordinance, 
commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months. 
Chapter: 544 Title: PREVENTION OF Gazette Number: L.N. 235 of 
COPYRIGHT PIRACY 1998 
ORDINANCE 
Section: 24 Heading: Obstruction of authorized Version Date: 29/0511998 
officers 
(1) Without prejudice to any other Ordinance, any person who-
(a) wilfully obstructs an authorized officer in the exercise of his powers or the perfonnance of 
his duties under this Ordinance; 
(b) wilfully fails to comply with any requirement properly made to him by any such authorized 
officer; 
(c) without reasonable excuse, fails to give such authorized officer any other assistance which 
he may reasonably require to be given for the purpose of exercising his powers or 
performing his duties under this Ordinance; or 
(d) breaks or interferes with a seal affixed by an authorized officer under section 18(5), 
commits an offence and is liable on conviction to a fine at level 4 and to imprisonment for 1 year. 
(2) Any person who, when required to give infonnation to the Commissioner or an authorized officer 
in the exercise of his powers or the perfonnance of his duties under this Ordinance, knowingly gives false or 
misleading infonnation commits an offence and is liable on conviction to a fine at level 4 and to 
imprisonment for 1 year. 
(3) Nothing in this section requires any person to give any information which may incriminate him. 
(4) No person commits an offence under subsection (1)( d) if he breaks or interferes with a seal 
affixed by an authorized officer under section 18(5)-
Chapter: 
Section: (a) in the bona fide belief that it is necessary immediately to break or interfere with the seal in 
order to prevent injury being suffered by any person or damage being incurred to any 
premises, place, machinery, equipment or other thing; or 
(b) in the exercise of his duties as a public officer. 
544 Title: PREVENTION OF Gazette Number: L.N. 235 of 
COPYRIGHT PIRACY 1998 
ORDINANCE 
25 Heading: Offences related to Version Date: 29/0511998 
disclosure of information 
(1) Subject to subsection (2), any person who discloses to any other person any information obtained 
by him in pursuance of this Ordinance commits an offence unless the disclosure was made-
(a) for the purpose of the performance by him or any other person of duties or functions under 
this Ordinance; or 
(b) under the direction or order of a court. 
(2) A person does not commit an offence under subsection (1) by disclosing infonnation pursuant to 
section 36 or 37. 
(3) Any person who commits an offence under subsection (1) is liable on conviction to a fine at level 
4 and to imprisonment for I year. Chapter: 544 Title: PREVENTION OF 
COPYRIGHT PIRACY 
ORDINANCE 
Section: 26 Heading: Liability of persons other 
than principal offender IP/NI1 IHKGIC/2 
Page 13 
Gazette Number: L.N. 235 of 
1998 
Version Date: 29/05/1998 
(1) Where a body corporate commits an offence under this Ordinance in respect of any act which is 
proved to have been committed with the consent or connivance of, or to be attributable to any act on the 
part of, any director, manager, secretary or other similar officer of the body corporate or any person 
purporting to act in any such capacity, he, as well as the body corporate, commits the offence. 
(2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in 
relation to the acts of a member in connection with his functions of management as if he were a director of 
the body corporate. 
(3) Where an offence under this Ordinance committed by a partner in a partnership is proved to have 
been committed with the consent or connivance of, or to be attributable to any act on the part of, any other 
partner of the partnership or any person concerned in the management of the partnership, that other partner 
or the person concerned in the management of the partnership commits the like offence. 
Chapter: 544 Title: PREVENTION OF Gazette Number: L.N. 235 of 
COPYRIGHT PIRACY 1998 
ORDINANCE 
Section: 27 Heading: Disposal of optical discs, Version Date: 29/05/1998 
etc., where a person is 
charged 
Without prejudice to section 20, where a person is charged with an offence under this Ordinance, the 
court may, if it is satisfied that-
(a) any optical disc seized, removed or detained by an authorized officer under section 18(2) in 
connection with the offence has been manufactured in contravention of this Ordinance; or 
(b) any machinery, equipment or other thing so seized, removed or detained under section 18(2) 
or any machinery, equipment or other thing sealed by an authorized officer under section 
18(5) has been used in connection with any offence under this Ordinance, 
order that the optical disc, machinery, equipment or thing be-
(i) forfeited to the Government; or 
(ii) disposed of in such other way as the court may think fit, 
whether or not the person charged is convicted of the offence with which he was charged. 
Chapter: 544 Title: PREVENTION OF Gazette Number: L.N. 235 of 
COPYRIGHT PIRACY 1998 
ORDINANCE 
Section: 28 Heading: Protection of informers Version Date: 29/05/1998 
(1) Save where, in the opinion of the court, justice so requires, the name or identity of any informer 
and the information given by such informer shall not be disclosed in any proceedings for an offence under 
this Ordinance. 
(2) The court may make any order and adopt any procedure necessary to prevent any such 
disclosure. IP/N/IIHKG/C/2 
Page 14 
Chapter: 544 
Section: 29 Title: 
Heading: PREVENTION OF Gazette Number: L.N. 235 of 
COPYRIGHT PIRACY 1998 
ORDINANCE 
Time limit for prosecutions Version Date: 29/0511998 
No prosecution for an offence under this Ordinance shall be commenced after the expiration of 3 
years from the date of commission of the offence or 1 year from the date of discovery of the offence by the 
prosecutor, whichever is the earlier. 
Chapter: 544 Title: PREVENTION OF Gazette Number: L.N. 235 of 
COPYRIGHT PIRACY 1998 
ORDINANCE 
Section: 30 Heading: Form of applications, etc. Version Date: 29/0511998 
Miscellaneous 
(1) Every application under this Ordinance shall be made to the Commissioner in such form and 
manner as he may require. 
(2) Every application made under this Ordinance must be accompanied by­
(a) any fee applicable under Schedule 2; and 
(b) a statement in writing containing such particulars as the Commissioner may require. 
(3) Any application made under this Ordinance by a body corporate may be signed by any director, 
manager, secretary or other similar officer of the body corporate who is authorized in that behalf by the 
body corporate, and the Commissioner may require such proof of the authorization as he considers 
necessary. 
(4) Any application made under this Ordinance by a partnership must be signed by at least one of its 
partners, and the Commissioner may require such proof of the partnership as he considers necessary. 
Chapter: 544 Title: PREVENTION OF Gazette Number: L.N. 235 of 
COPYRIGHT PIRACY 1998 
ORDINANCE 
Section: 31 Heading: Register Version Date: 29/0511998 
(l) The Commissioner shall establish and maintain a register in such form and containing such 
information respecting licences and manufacturers' codes as he thinks fit. 
(2) The Commissioner shall make the register available to public inspection subject to such 
conditions as he thinks fit. 
Chapter: 544 Title: PREVENTION OF Gazette Number: L.N. 235 of 
COPYRIGHT PIRACY 1998 
ORDINANCE 
Section: 32 Heading: Appointment of authorized Version Date: 29/05/1998 
officers 
The Commissioner may authorize in writing any public officer to exercise any of the powers and 
perform any of the duties conferred or imposed on an authorized officer by this Ordinance. Chapter: 544 Title: 
Section: 33 Heading: PREVENTION OF 
COPYRIGHT PIRACY 
ORDINANCE 
Protection of the 
Commissioner, authorized 
officers and persons 
assisting them IP/N/lfHKG/C/2 
Page 15 
Gazette Number: L.N. 235 of 
1998 
Version Date: 2910511998 
(1) The Commissioner and authorized officers are not liable for any loss or damage suffered by any 
person as a result of any action taken or omitted to be taken by them in good faith in the exercise of their 
powers or the performance of their duties under this Ordinance. 
(2) Any person may act in aid of an authorized officer who appears to be lawfully engaged in the 
exercise of any power or the performance of any duty under this Ordinance upon being requested by the 
authorized officer to do so and without being bound to inquire whether or not the authorized officer is acting 
lawfully or within the scope of his powers or duties. 
(3) A person acting in good faith in aid of an authorized officer under subsection (2) is not liable for 
any loss or damage suffered by any person as a result of any action taken or omitted to be taken by him 
while so acting. 
(4) Nothing in this section shall affect any civil liability of the Government for the wrongful acts of its 
servants. IP/N/lIHKG/C/2 
Page 16 
Chapter: 544 Title: 
Section: 34 Heading: PREVENTION OF 
COPYRIGHT PIRACY Gazette Number: L.N. 235 of 
1998 
ORDiNANCE 
Compensation for seizure, Version Date: 
etc. 29105/1998 
(1) Where any optical disc, machinery, equipment or other thing is seized, removed or detained by 
an authorized officer under section 18(2) or any machinery, equipment or other thing is sealed by an 
authorized officer under section 18(5), the Government shall, subject to this section, be liable to compensate 
the owner thereof for any loss suffered by him by reason of the seizure, removal, detention or sealing 
thereof or by reason that the optical disc, machinery, equipment or thing is lost or damaged during the 
period when it is detained or sealed; but the owner shall not be entitled to compensation for any such loss if-
(a) the optical disc, machinery, equipment or thing is forfeited under section 20; 
(b) the owner has been convicted of an offence under this Ordinance or the Copyright 
Ordinance (Cap 528) committed in relation to the optical disc, machinery, equipment or 
thing; or 
(c) an order has been made in respect of the optical disc, machinery, equipment or thing under 
section 27. 
(2) In any proceedings against the Government in respect of a claim for compensation on any of the 
grounds referred to in subsection (1), the amount of the compensation recoverable shall be such amount as 
is just and equitable in all the circumstances of the case, including the conduct and comparative 
blameworthiness of-
(a) the owner of the optical disc, machinery, equipment or thing; 
(b) the person in charge or control of the optiCal disc, machinery, equipment or thing at the time 
it was seized, removed or sealed; 
(c) the agents of the person specified in paragraphs (a) and (b); and 
(d) authorized officers, public officers and other persons concerned. 
(3) No proceedings shall be maintainable in respect of any claim for compensation on any of the 
grounds referred to in subsection Cl) unless the proceedings are commenced-
Chapter: 
Section: (a) in the case of a claim for compensation in respect of any optical disc, machinery, equipment 
or thing delivered to its owner by order of a court or magistrate or by any person having 
authority to deliver the optical disc, machinery, equipment or thing to him, not later than 6 
months after the delivery thereof; 
Cb) in the case of a claim for compensation on the ground that any optical disc, machinery, 
equipment or thing was lost during the period when it was detained or sealed, not later than 
6 months after-
(i) the discovery by the owner of the existence of such ground; or 
(ii) the date on which the owner could, by the exercise of reasonable diligence, have 
discovered the existence of such ground, 
whichever is the earlier. 
544 Title: 
35 Heading: PREVENTION OF 
COPYRIGHT PIRACY 
ORDINANCE 
Aids in proof Gazette Number: L.N. 235 of 
1998 
Version Date: 29/05/1998 
(l) A certificate purporting to be certified under the hand of the Commissioner and stating whether­
Ca) a person named in the certificate has or has not been granted a licence under this Ordinance; 
(b) a licence granted under this Ordinance to a person named in the certificate has or has not 
expired or has or has not been revoked or cancelled; or 
Cc) a manufacture's code specified or described in the certificate has or has not been assigned 
under section 5(2)(a) or 8(3)(b) to a person named in the certificate, 
shall be evidence of the matters stated therein as at the date of the certificate and shall be received in 
evidence in any proceedings under this Ordinance without further proof. 
(2) A copy of any licence which purports to be certified under the hand of the Commissioner shall be 
evidence of the licence and of the matters stated therein as at the date of the copy and shall be received in 
evidence in any proceedings under this Ordinance without further proof. Chapter: 544 Title: 
Section: 36 Heading: PREVENTION OF 
COPYRIGHT PIRACY 
ORDINANCE 
Disclosure of information, 
inspection, release of 
samples, etc. Gazette Number: 
Version Date: IP/N/lIHKG/C/2 
Page 17 
L.N. 235 of 
1998 
29/05/1998 
Sections 126 and 128 of the Copyright Ordinance (Cap 528) shall apply in respect of any optical disc, 
machinery, equipment or other thing seized, removed or detained by an authorized officer under section 
18(2) or any machinery, equipment or other thing sealed by an authorized officer under section 18(5) of this 
Ordinance, with such modifications as the circumstances require. 
Chapter: 544 Title: PREVENTION OF Gazette Number: L.N. 235 of 
COPYRIGHT PIRACY 1998 
ORDINANCE 
Section: 37 Heading: Multilateral co-operation Version Date: 29/05/1998 
The Commissioner may, for the purpose of promoting multilateral co-operation in the protection of 
intellectual property rights, disclose information obtained in pursuance of this Ordinance to the customs 
authorities or other authorities responsible for the enforcement of intellectual property rights of-
Chapter: 
Section: (a) any country, territory or area which is, at the relevant time, a member of the World Trade 
Organization; or 
(b) such other country, territory or area as the Commissioner thinks fit. 
544 Title: PREVENTION OF Gazette Number: L.N. 235 of 
COPYRIGHT PIRACY 1998 
ORDINANCE 
38 Heading: Regulations Version Date: 29/0511998 
The Secretary for Trade and Industry may make regulations-
Chapter: 
Section: (a) prescribing anything required or permitted to be prescribed under this Ordinance; and 
(b) for the better carrying into effect of the provisions of this Ordinance in relation to any 
matter. 
544 Title: 
39 Heading: PREVENTION OF 
COPYRIGHT PIRACY 
ORDINANCE 
Amendment of Schedules Gazette Number: L.N. 235 of 
1998 
Version Date: 29/05/1998 
The Secretary for Trade and Industry may by order amend Schedule 1 or 2. IPINIlIHKGIC/2 
Page 18 
Chapter: 544 
Section: 40 Title: 
Heading: PREVENTION OF 
COPYRIGHT PIRACY 
ORDINANCE Gazette Number: L.N. 235 of 
1998 
Saving for other enactments Version Date: 2910511998 
The provisions of this Ordinance are in addition to and not in derogation of the provisions of­
(a) the Copyright Ordinance (Cap 528); or 
(b) any other Ordinance relating to the manufacture of optical discs. 
Chapter: 544 Title: 
Section: 41 Heading: 
(Omitted as spent) 
Chapter: 544 Title: 
Section: 42 Heading: 
(Omitted as spent) 
Chapter: 544 Title: 
Section: 43 Heading: 
(Omitted as spent) 
Chapter: 544 Title: 
Section: 44 Heading: 
(Omitted as spent) 
Chapter: 544 Title: 
Section: 45 Heading: 
(Omitted as spent) PREVENTION OF 
COPYRIGHT PIRACY 
ORDINANCE 
(Omitted as spent) 
PREVENTION OF 
COPYRIGHT PIRACY 
ORDINANCE 
(Omitted as spent) 
PREVENTION OF 
COPYRIGHT PIRACY 
ORDINANCE 
(Omitted as spent) 
PREVENTION OF 
COPYRIGHT PIRACY 
ORDINANCE 
(Omitted as spent) 
PREVENTION OF 
COPYRIGHT PIRACY 
ORDINANCE 
(Omitted as spent) Gazette Number: L.N. 235 of 
1998 
Version Date: 29105/1998 
Gazette Number: L.N. 235 of 
1998 
Version Date: 29105/1998 
Gazette Number: L.N. 235 of 
1998 
Version Date: 2910511998 
Gazette Number: L.N. 235 of 
1998 
Version Date: 29105/1998 
Gazette Number: L.N. 235 of 
1998 
Version Date: 2910511998 Chapter: 544 
Section: 46 
(Omitted as spent) 
Chapter: 544 
Schedule: 1 
1. CD (compact disc). Title: 
Heading: 
Title: 
Heading: PREVENTION OF 
COPYRIGHT PIRACY 
ORDINANCE 
(Omitted as spent) 
PREVENTION OF 
COPYRIGHT PIRACY 
ORDINANCE 
OPTICAL DISCS 
2. CD-ROM (compact disc-read only memory). 
3. CD-R (compact disc-recordable). 
4. CD-RW (compact disc-rewritable). 
5. CD-W (compact disc-writable). 
6. DVD (digital video disc). 
7. DVD-ROM (digital video disc-read only memory). 
8. LD (laserdisc). 
9. MD (mini-disc). 
10. VCD (video compact disc). 
Chapter: 544 Title: 
Schedule: 2 Heading: PREVENTION OF 
COPYRIGHT PIRACY 
ORDINANCE 
FEES 
Item Matter or proceeding 
1. Application for licence 
2. Application for renewal of licence 
3. Application for transfer of licence IP/N/l/HKG/C/2 
Page 19 
Gazette Number: L.N. 235 of 
1998 
Version Date: 29/0511998 
Gazette Number: L.N. 235 of 
1998 
Version Date: 29/0511998 
[sections 2 & 39] 
Gazette Number: L.N. 235 of 
1998 
Version Date: 29/0511998 
[sections 30 & 39] 
Amount 
$ 
5500 
5500 
5500 