Hong Kong Ordinances

COPYRIGHT ORDINANCE - SECT 46

Libraries and archives: introductory

(Past version on 01/07/2002).
(Past version on 01/07/2000).
(Past version on 30/06/1997).

For the saving and transitional provisions relating to the amendments made by
the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph
(12) of that Resolution. Libraries and archives

(1) The Secretary for Commerce and Economic Development may- (Amended L.N. 173
of 2000; L.N. 106 of 2002; L.N. 130 of 2007)

   (a)  by regulations prescribe conditions; and

   (b)  by notice in the Gazette specify libraries or archives, for the
        purposes of any provision in sections 47 to 53 (copying by librarians
        and archivists). <* Note - Exp. X-Ref.: Sections 47, 48, 49, 
 50, 51, 52, 53 *>

(2) In sections 47 to 53- <* Note - Exp. X-Ref.: Sections 47, 48, 
 49, 50, 51, 52, 53 *>

   (a)  references in any provision to the prescribed conditions are to the
        conditions prescribed for the purposes of that provision under
        subsection (1)(a); and

   (b)  references in any provision to a specified library or archive are to a
        library or archive of a description specified for the purposes of that
        provision under subsection (1)(b).

(3) The regulations may-

   (a)  provide that, where a librarian or archivist is required to be
        satisfied as to any matter before making or supplying a copy of a
        work-

        (i)    he may rely on a signed declaration as to that matter by the
               person requesting the copy, unless he is aware that it is false
               in a material particular; and

        (ii)   in such cases as may be prescribed, he shall not make or supply
               a copy in the absence of a signed declaration in such form as
               may be prescribed;

   (b)  make different provisions for different descriptions of libraries or
        archives and for different purposes.

(4) Where a person requesting a copy makes a declaration which is false in a
material particular and is supplied with a copy which would have been an
infringing copy if made by him-

   (a)  he is liable for infringement of copyright as if he had made the copy
        himself; and

   (b)  the copy is treated as an infringing copy.

(5) References in this section, and in sections 47 to 53, to the librarian or
archivist include a person acting on his behalf. <* Note - 
 Exp. X-Ref.: Sections 47,
48, 49, 50, 51, 52, 53 *> [ cf. 1988 c. 48 s. 37 U.K.]