Hong Kong Ordinances

COPYRIGHT ORDINANCE - SECT 31

Secondary infringement: possessing or dealing with infringing copy

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

(1) The copyright in a work is infringed by a person who, without the licence
of the copyright owner- (Amended 64 of 2000 s. 2)

   (a)  possesses for the purpose of or in the course of any trade or
        business; (Replaced 64 of 2000 s. 2. Amended 15 of 2007 s. 7)

   (b)  sells or lets for hire, or offers or exposes for sale or hire;

   (c)  exhibits in public or distributes for the purpose of or in the course
        of any trade or business; or (Replaced 64 of 2000 s. 2. Amended 15 of
        2007 s. 7)

   (d)  distributes (otherwise than for the purpose of or in the course of any
        trade or business) to such an extent as to affect prejudicially the
        owner of the copyright, (Amended 64 of 2000 s. 2; 15 of 2007 s. 7) a
        copy of a work which is, and which he knows or has reason to believe
        to be, an infringing copy of the work.

(2) It is immaterial for the purpose of subsection (1)(a) and (c) whether or
not the trade or business consists of dealing in infringing copies of
copyright works. (Added 64 of 2000 s. 2) [ cf. 1988 c. 48 s. 23 U.K.]