Hong Kong Ordinances

COPYRIGHT ORDINANCE - SECT 273

Interpretation of sections 273 to 273H

(Past version on 01/04/2001).
(Past version on 30/06/1997).

This section (except to the extent that it relates to the interpretation of
the new sections 273A# and 273D#) has come into operation on 25 April 2008 -
see L.N. 48 of 2008. PART IV

TECHNOLOGICAL MEASURES AND GENERAL

Circumvention of effective technological measures (Replaced 15 of 2007 s. 67)

(1) In sections 273A# to 273H, "circumvent" (規避), in relation to an
effective technological measure which has been applied in relation to a
copyright work- <* Note - Exp. X-Ref.: Sections 273A#, 273B, 273C, 273D#, 
 273E, 273F, 273G, 273H *>

   (a)  where the use of the work is controlled through the measure by the
        copyright owner of the work, means to circumvent the measure without
        the authority of the copyright owner;

   (b)  where the use of the work is controlled through the measure by an
        exclusive licensee of the copyright owner of the work, means to
        circumvent the measure without the authority of the exclusive
        licensee; or

   (c)  where the use of the work is controlled through the measure by any
        other person who, with the licence of the copyright owner of the
        copyright 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,
means to circumvent the measure without the authority of that other person.

(2) For the purposes of this section and sections 273A# to 273H, where a
technological measure has been applied in relation to a copyright  work, the
measure is referred to as an effective technological measure if the use of the
work is controlled by any person referred to in subsection

(1)(a), (b) or (c) through- <* Note - Exp. X-Ref.: Sections 273A#, 273B, 
 273C, 273D#, 273E, 273F, 273G, 273H *>

   (a)  an access control or protection process (including the encryption,
        scrambling and any other transformation of the work) which achieves
        the intended protection of the work in the normal course of its
        operation; or

   (b)  a copy control mechanism which achieves the intended protection of the
        work in the normal course of its operation.

(3) In subsection (2)-

        (a)	"technological measure" (科技措施) means any technology, device, 
component or means which is designed, in the normal course of its operation,
to protect any description of copyright work;

   (b)  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;

   (c)  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. (Replaced 15 of 2007 s. 68)
        ___________________________________________________________________________
        ______________ Note: # Sections 273A and 273D have not yet come into
        operation.

"circumvent" (規避)

"technological measure" (科技措施)