Hong Kong Ordinances

COPYRIGHT ORDINANCE - SECT 35B

Imported copy not an "infringing copy" for the purposes of section 35(3)

(1) A copy of a work to which this subsection applies is not-

   (a)  in relation to the person who imports it into Hong Kong, an
        infringing copy for the purposes of section 35(3) if-

        (i)    it was lawfully made in the country, territory or area where it
               was made; and

        (ii)   it is not imported with a view to its being dealt in by any
               person for the purpose of or in the course of any trade or
               business; or

   (b)  in relation to the person who possesses it, an infringing copy for the
        purposes of section 35(3) if-

        (i)    it was lawfully made in the country, territory or area where it
               was made; and

        (ii)   it is not possessed with a view to its being dealt in by any
               person for the purpose of or in the course of any trade or
               business.

(2) Subsection (1) applies to a copy of a work of any description except a
copy of a work-

   (a)  that is-

        (i)    a musical sound recording;

        (ii)   a musical visual recording;

        (iii)  a television drama; or

        (iv)   a movie; and

   (b)  that is, or is intended to be, played or shown in public.

(3) Notwithstanding the exception in subsection (2), subsection (1) applies to
a copy of a work that is referred to in subsection (2)(a) and that is, or is
intended to be, played or shown in public-

   (a)  by an educational establishment for the educational purposes of the
        establishment; or

   (b)  by a specified library for use of the library.

(4) For the purposes of subsection (3)(b), a library is regarded as a
specified library if it falls within the description of any library specified
under section 46(1)(b).

(5) Where a copy of a work is not an infringing copy by virtue of subsection
(1) but is subsequently dealt in for the purpose of or in the course of any
trade or business-

   (a)  if that dealing takes place within the period of 15 months referred to
        in section 35(4)(b), it is, for the purposes of sections 118 to 133
        (criminal provisions), to be treated, in relation to that dealing and
        the person who deals in it, as an infringing copy; and <* Note - Exp. 
 X-Ref.:
        Sections 118, 118A, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128,
        129, 130, 131, 132, 133 *>

   (b)  irrespective of the time at which that dealing takes place, it is, for
        the purposes of any provision of this Ordinance except sections  118
        to 133, to be treated, in relation to that dealing and the person who
        deals in it, as an infringing copy. <* Note - Exp. X-Ref.: Sections 118, 
 118A, 119, 120, 121, 122, 123,
        124, 125, 126, 127, 128, 129, 130, 131, 132, 133 *>

(6) In this section, "deal in" (經銷) means sell, let for hire, offer or
expose for sale or hire, or distribute for profit or reward. (Added 15 of 2007
s. 10)

"deal in" (經銷)