Copyright crime: Secretary for Commerce, Industry & Technology Joseph Wong says amendments to the Copyright Ordinance will be tabled to boost copyright exemption regimes and protection.

Amendments to the Copyright Ordinance will be tabled to boost copyright exemption regimes and protection, Secretary for Commerce, Industry & Technology Joseph Wong says.

Mr Wong said the proposals take into account recent social and technological developments and requests from both owners and users of copyright works.

"It has been our aim to provide Hong Kong with a strong copyright protection system to aid the development of a knowledge-based economy and creative industries," he said. "We need to ensure the proposed amendments will meet the reasonable demands of both sides to the greatest extent possible."

Proposal highlights

The proposal's main points include:

* the existing scope of the business end-user possession criminal liability will be maintained to cover four categories of works - computer programmes, movies, television dramas and musical recordings;

* frequent and significant making and distribution of infringing copies of newspapers, magazines, periodicals and books will be a criminal offence;

* educational establishments that are non-profit making or subvented by Government are exempted;

* if a body corporate or a partnership has acted in such a way as to cause the business end-user's criminal liability, the directors or partners responsible for the internal management of the company will be liable unless there is evidence showing they have not authorised the infringing act;

* to make it a criminal offence for a person who makes for sale or hire, imports or exports, or deals in any circumvention tools or provides circumvention services on a commercial scale;

* to shorten the criminal liability period from the existing 18 months to nine months for parallel imports; and,

* amendments will be made to increase effectiveness and efficiency in the enforcement of the law and the operation of the Copyright Tribunal.

Views welcomed

Mr Wong said views from all sectors are welcome and the Government will consider making amendments to the bill if they are considered to be justified and in the public interest.