1975-HKRS28-16-23_Part04 — Page 14

1975.

2

which copyright subsists under the Act or this Ordinanc 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 plate was used or intended to be used for making at infringing copy of any such work or other subject matter. be guilty of an offence and shall be liable on conviction to a fine of $30,000 and to imprisonment for 2 years.

(0) Where a person is charged with an offence under subsection (1) or (2) the court may, if it is satisfied that any article seized by an authorized officer under section 6 li connexion with the offence--

(a) is an infringing copy of a work or other subje matter in which copyright subsists under the Act or this Ordinance;

(b) is a plate which has been wied," or is intended to be used, for making infringing copies of any such work or other subject matter; "or

(c) has been used in connexion with any offence under

the Act or this Ordinance.

order that the article be...

(i) destroyed:

(ii) delivered up to the person who appears to the court to be the owner of the copyright in ques- tion; or

(10) disposed of in such other way as the court may

think G

whether or not the person charged is convicted of the offence with which he was charged.

(4) Where any article is seized by an authorized officer under section 6 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 satifled that the article-

(a) is an infringing copy of a work or other subjed

matter in which copyright subsists under the Ad ||| or this Ordinance;

(5) is a plate which has been used, or is intended to be used, for making infringing copies of any such work or other subject matter; or

(c) has been used in connexion with any offence under

the Act or this Ordinance,

order that the article be-

(i) destroyed;

(ii) delivered up to the person who appears to the court

to be the owner of the copyright in question; or (ii) disposed of in such other way as the court may

think fit.".

Passed by the Hong Kong Legislative Council this 23rd day of October,

This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bill,

formeer

Clufk to the Legislative Council.

Clek to the Legislative Council.