1973-HKRS28-16-21_Part01 — Page 10

Acts restricted by copyright

in television and sound broadcasts by

organizations,

Schedok.

Transmission of authorized broadcasts by a difusion

service.

Schedule, [cf. 1956 x. 74, *. 40033,1

Offences of possession of infringing copy of a protected work.

"plate" has the meaning assigned by the Act and also includes

any machine, device or equipment.

(2) Subject to the provisions of this Ordinance, any word or expression used herein to which a meaning is assigned by the Act shall have in or for the purpose of this Ordinance the meaning that it has in or for the purposes of the Act.

3. The Act as extended to Hong Kong shall apply in Hong Kong to every television broadcast and every sound broadcast made by any organization specified in the Schedule from a place in Hong Kong as it applies to every television broadcast and every sound broadcast made by the British Broadcasting Corpora- tion or the Independent Television Authority from a place in the United Kingdom.

4. (1) Where a television broadcast or sound broadcast is made by any organization specified in the Schedule from a place in Hong Kong, and the broadcast is an authorized broadcast within the meaning of section 40 of the Act, any person who. by the reception of the broadcast, causes a programme to be transmitted to subscribers to a diffusion service, being a programme compris- ing a literary, dramatic or musical work, or an adaptation of such a work, or an artistic work, or a cinematograph film, shall be in the like position, in any proceedings for infringement of the copy- right (if any) in the work or filo, as if be had been the holder of a licence granted by the owner of that copyright to include the work, adaptation or film in any programme caused to be trans- initted by him to subscribers to that service by the reception of the broadcast

(2) For the purposes of this section, a broadcast shall be taken, in relation to a work or cinematograph film, to be an authorized broadcast if, but only if, it is made by, or with the licence of, the owner of the copyright in the work or film.

5. (1) Without prejudice to section 21 of the Act, any person who, at a time when copyright subsists in a work or other subject matter under the Act or this Ordinance, has in his posses- sion for the purposes of trade or business-

(a) any article that is an infringing copy of such a work or

other subject matter; or

(b) any plate used or intended to be used for making infring-

ing copies of such a work or other subject matter.

shall, unless he proves to the satisfaction of the court that he did not know and that he had no reason to believe that the article was an infringing copy of such a work or other subject matter or

that the plate was used or intended to be used for making an infringing copy of such a work or other subject matter, be guilty of an offence and shall be liable on conviction—

(i) if it is his first conviction of an offence under this section, to a fine not exceeding five hundred dollars for each article to which the offence relates; and

(i) on any second or subsequent conviction of an offence under this section, to such a fine and to imprisonment for twelve months:

Provided that a fine imposed by virtue of this subsection shall not exceed fifty thousand dollars.

(2) The court before which a person is charged with an offence under this section may, whether he is convicted of the offence or noi, order that any article in his possession which appears to the court to be an infringing copy of a work or other subject maller in which copyright subsists under the Act or this Ordinance or a plate used or intended to be used for making infringing copies of such a work or other subject matter shall be destroyed or delivered up to the owner of the copyright in question or otherwise dealt with as the court may think fit.

(3) Where an article is seized by a police officer or an authorized officer in connexion with a suspected offence under the Act or this Ordinance a court, on the application of the Attorney General or the Director, may, if it is satisfied that the article is- (a) an infringing copy of a work or other subject matter in which copyright subsists under the Act or this Ordinance;

(50)

or

a plate used or intended to be used for making infring- ing copies of any such work or other subject matter, order that the article be destroyed or delivered up to the owner of the copyright in question or otherwise dealt with as the court may think fil, notwithstanding that no person has been charged with the suspected offence.

6. (1) Any police officer not below the rank of Inspector Powers of or any authorized officer may———

investigating officers.

(a)

( subject to section 7, enter and search any premises or place;

(i) stop, board and search any vessel (other than a ship of war) or any aircraft (other than a military air. craft); or

(ii) stop and search any vehicle,