Hong Kong Ordinances

COPYRIGHT ORDINANCE - SECT 120

Making infringing copies outside Hong Kong, etc.

Caution: This is a past version. See the current version here.

(1) A person commits an offence if he makes outside Hong Kong, for export to
Hong Kong otherwise than for his private and domestic use, any article that he
knows would, if it were made in Hong Kong, constitute an infringing copy of a
copyright work.

(2) A person commits an offence if he makes outside Hong Kong an article
specifically designed or adapted for making copies of a particular
copyright work knowing or having reason to believe that it is to be used or is
intended to be used in Hong Kong for making an infringing copy of the
copyright work for sale or hire or for use for the purpose of trade or
business.

(3) A person commits an offence if he makes outside Hong Kong or exports from
Hong Kong an article specifically designed or adapted for making copies of a
particular copyright work, knowing or having reason to believe that-

   (a)  the article is to be used or is intended to be used outside Hong Kong
        for making another article for export to Hong Kong; and

   (b)  the latter article mentioned in paragraph (a) would, if it were made
        in Hong Kong, constitute an infringing copy of the copyright work.

(4) A person who, in Hong Kong or elsewhere, aids, abets, counsels or procures
the commission by another person of an offence under subsection (1), (2) or
(3) commits that offence as a principal.

(5) The offences under subsections (1), (2) and (3) are without prejudice to
the offences under section 118.

(6) A person who commits an offence under subsection (1), (2) or

(3) is liable on conviction on indictment to a fine of $500000 and to
imprisonment for 8 years.

(7) For the purpose of this section, "article" (物品) does not include an
article in transit.

(8) Sections 115 to 117 (presumptions as to various matters connected with
copyright) do not apply to proceedings for an offence under this section. <* Note - Exp. X-Ref.: Sections 115, 116, 117 *>
"article" (物品)