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Copyright (Amendment) Bill 1995
Following is the speech by the Acting Secretary for Trade and Industry, Mrs Regina Ip, in moving the second reading of the Copyright (Amendment) Bill 1995 in the Legislative Council today (Wednesday):
Mr President,
I move that the Copyright (Amendment) Bill 1995 be read a second time.
The purpose of this Bill is to increase the existing statutory maximum penalties against copyright infringement so as to increase the deterrent effect on piracy activities. The Bill also seeks to introduce a second tier of higher penalties for repeated offenders.
Copyright protection has recently become the focus of much public attention, both locally and internationally. Although we continue to pull out all the stops in fighting copyright piracy, undeniably the piracy situation in Hong Kong has deteriorated, particularly in regard to the piracy of compact discs, computer software and video games. Our enforcement efforts need to be matched by tougher statutory penalties to produce the maximum deterrent effect.
The Copyright Ordinance provides for two copyright piracy offences, namely the possession of infringing copies of copyrighted works for trade and business purposes and the possession of a plate for making infringing copies of copyrighted works.
Currently the offence of possessing infringing copies attracts a maximum penalty of a fine of only $1,000 per infringing copy and imprisonment of 12 months. To increase the deterrent effect on those involved in the sale of pirated compact discs. computer software and video games, we propose to raise the penalties to a fine of $25,000 per infringing copy and imprisonment for 2 years. Repeated offenders will be liable to a fine of $50,000 per copy and imprisonment for 4 years.
The other offence of possessing a plate for making infringing copies currently attracts a maximum penalty of a fine of $50,000 and imprisonment for 2 years. This sanction is targeted at the manufacture of pirated copies of copyrighted works. We propose to raise the fine to $250,000 and imprisonment to 4 years on first conviction. Repeated offenders will be liable to a fine of $500,000 and imprisonment for 8 years.