Hong Kong Ordinances

COPYRIGHT ORDINANCE - SECT 119A

Offence in relation to possession of infringing copies in a copying service business

(1) In this section-

"copying service business" (複製服務業務) means a business, conducted
for profit, that includes the offering of reprographic copying services to the
public and, in the case of a business that includes the offering of
reprographic copying services to the public at more than one place, means any
part of the business carried on at such a place;

"reward" (報酬) means reward other than reward of a nominal value.

(2) A person commits an offence if, for the purpose of or in the course of a
copying service business, he possesses a reprographic copy of a copyright work
as published in a book, magazine or periodical, being a copy that is an
infringing copy of the copyright work.

(3) In proceedings for an offence under subsection (2), it is a defence for
the person charged to prove that the infringing copy of a copyright work in
question was not made for the purpose of and was not made in the course of the
copying service business.

(4) In proceedings for an offence under subsection (2), it is a defence for
the person charged to prove that the infringing copy of a copyright work in
question was not made for profit and was not made for reward.

(5) In proceedings for an offence under subsection (2), it is a defence for
the person charged to prove that he did not know and had no reason to believe
that the copy of a copyright work in question was an infringing copy of the
copyright work.

(6) A person who commits an offence under subsection (2) is liable on
conviction on indictment to a fine at level 5 in respect of each
infringing copy and to imprisonment for 4 years.

(7) Sections 115, 116 and 117 (presumptions as to various matters connected
with copyright) do not apply to proceedings for an offence under subsection
(2). (Added 4 of 2004 s. 3)

"copying service business" (複製服務業務)

"reward" (報酬)