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WEDNESDAY, OCTOBER 1, 1975.
STIFFER PENALTIES FOR COPYRIGHT OFFENCES
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THE ATTORNEY GENERAL, THE HON. JOHN HOBLEY, SAID TODAY THAT A SERIOUS VIEW MUST BE TAKEN OF 'PIRATING' OF COPYRIGHT WORKS AND TRADING IN 'PIRATED' WORKS BECAUSE THESE OFFENCES WERE ALL TOO COMMON.
SPEAKING IN THE LEGISLATIVE COUNCIL, HE SAID IT HAD BECOME CLEAR THAT THE EXISTING PENALTY OF $500 FOR EACH OFFENDING ARTICLE WHETHER A COPY OF THE WORK OR A PLATE IN THE CASE OF FIRST OFFENDERS.
WAS INADEQUATE
IT WAS THEREFORE PROPOSED TO ABOLISH THE DISTINCTION AS TO PENALTY BETWEEN FIRST OFFENDERS AND OTHERS, HE SAID.
THIS IS PROVIDED IN THE COPYRIGHT (AMENDMENT) BILL INTRODUCED IN COUNCIL TODAY.
AT THE SAME TIME, THE BILL INTRODUCES A DISTINCTION BETWEEN POSSESSION OF INFRINGING COPIES AND POSSESSION OF PLATES TO BE USED FOR MAKING INFRINGING COPIES.
UNDER THE BILL, THE MAXIMUM PENALTY ON CONVICTION FOR THE OFFENCE OF POSSESSING INFRINGING COPIES FOR TRADE OR BUSINESS PURFUSES WILL BE A FINE OF $1,000 FOR EACH COPY AND IMPRISONMENT FOR 12 MONTHS.
THE MAXIMUM PENALTY ON CONVICTION FOR THE OFFENCE OF POSSESSING PLATES FOR TRADE OR BUSINESS PURPOSES WILL BE A FINE OF $50,000 AND IMPRISONMENT FOR TWO YEARS.
THE BILL ALSO EMPOWERS A COURT TO FORFEIT ARTICLES USED IN CONNECTION WITH AN OFFENCE UNDER THE COPYRIGHT ORDINANCE OR THE COPYRIGHT ACT AS EXTENDED TO HONG KONG.
AT PRESENT FORFEITURE IS LIMITED TO INFRINGING COPIES AND PLATES USED FOR MAKING SUCH COPIES.
UNDER THE PROPOSED PROVISION, A COURT COULD, FOR EXAMPLE, ORDER THE FORFEITURE OF ANY EQUIPMENT USED IN MAKING INFRINGING COPIES.
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