Cybercrime

Offences in relation to making or dealing with infringing articles, etc.

Offences relating to making or dealing with infringing articles are set out in Section 118 of the Copyright Ordinance (Chapter 528). The more common offences can be found in Section 118(1) which include, among other things, the following criminal activities:

  1. making infringing copies for sale or hire (Section 118(1)(a));
  2. importing infringing copies into Hong Kong or exporting infringing copies from Hong Kong, for purposes other than private and domestic use (Section 118(1)(b), (c));
  3. selling, hiring, offering or exposing for sale or hire infringing copies (Section 118(1)(d));
  4. exhibiting in public or distributing infringing copies for the purpose of commercial dealings (Section 118(1)(e));
  5. possessing infringing copies for the purpose of commercial dealings (Section 118(1)(f));
  6. distributing infringing copies not for the purpose of commercial dealings but to such an extent as to affect prejudicially the economic interest of the copyright owner (Section 118(1)(g)).
The maximum sentence for an offence under Section 118(1) is a fine of $50,000 for each infringing copy and imprisonment for 4 years upon conviction on indictment. These offences are targeted mainly at commercial dealings with infringing copies. However, it must be noted that any potentially large scale non-commercial distribution of copyright products (such as films and hit songs) is also a crime under Section 118(1)(g). In the "Big Crook" case (Chan Nai Ming v HKSAR [2007]), the Court of Final Appeal ruled that "distribution of copies" includes transmission of electronic copies on the Internet. Based on this ruling and the fact that the Internet enables unlimited number of copies to be made by downloaders, any unauthorised sharing of copyright products on the Internet is a crime in Hong Kong, whether or not the sharing is for monetary gain.

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