Hong Kong Ordinances

COPYRIGHT ORDINANCE - SECT 32

Secondary infringement: providing means for making infringing copies

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

(1) Copyright in a work is infringed by a person who, without the licence of
the copyright owner-

   (a)  makes;

   (b)  imports into Hong Kong or exports from Hong Kong;

   (c)  possesses for the purpose of or in the course of any trade or
        business; or (Amended 64 of 2000 s. 3; 15 of 2007 s. 8)

   (d)  sells or lets for hire, or offers or exposes for sale or hire, an
        article specifically designed or adapted for making copies of that
        work, knowing or having reason to believe that it is to be used to
        make infringing copies.

(2) Copyright in a work is infringed by a person who, without the licence of
the copyright owner, transmits the work by means of a
telecommunications system (otherwise than by broadcasting or inclusion in a
cable programme service), knowing or having reason to believe that infringing
copies of the work will be made by means of the reception of the transmission
in Hong Kong or elsewhere.

(3) It is immaterial for the purpose of subsection (1)(c) whether or not the
trade or business consists of dealing in articles specially designed or
adapted for making copies of copyright works. (Added 64 of 2000 s. 3) [
cf. 1988 c. 48 s. 24 U.K.]