What are the maximum penalties under the Copyright Ordinance? What are the maximum penalties ruled by court?
Under the Copyright Ordinance, anyone who, without the authorization of the copyright owner, makes, sells, possesses or imports/exports an infringing copy of a copyright work for the purpose of, in the course of, or in connection with any trade or business; or distributes an infringing copy to such an extent as to affect prejudicially the copyright owner (regardless of the purpose) is subject to maximum imprisonment for 4 years and fine of HK$50,000 for each infringing copy upon conviction. Anyone involved in the making, selling, possession or import/export of an article specifically designed or adapted for making copies of a particular copyright work for commercial purposes is subject to maximum imprisonment for 8 years and fine of HK$500,000. So far, the maximum imprisonment ruled by court is 48months and the maximum fine is $1.98 million.
