(3) For the purpose of applying sections 131 and 133 of the Copyright Ordinance (92 of 1997), any reference in those sections—
- (a) to an offence under section 118 or 120 of that Ordinance shall be construed as a reference to an offence under this Ordinance;
- (b) to an article, vessel, aircraft, vehicle or thing seized or detained by an authorized officer under section 122 of that Ordinance shall be construed as a reference to any optical disc, machinery, equipment or other thing seized, removed or detained by an authorized officer under section 18(2) or any machinery, equipment or other thing sealed by an authorized officer under section 18(5) of this Ordinance; or
- (c) to section 132 of that Ordinance shall be construed as a reference to section 27 of this Ordinance.
Offences and penalties
21. Manufacturing optical discs without licence, etc.
(1) Any person who contravenes section 3 commits an offence and is liable—
- (a) on a first conviction, to a fine of $500,000 and to imprisonment for 2 years; and
- (b) on a second or subsequent conviction, to a fine of $1,000,000 and to imprisonment for 4 years.
(2) Any person who contravenes section 4 or 15 commits an offence and is liable—
- (a) on a first conviction, to a fine at level 6 and to imprisonment for 2 years; and
- (b) on a second or subsequent conviction, to a fine of $200,000 and to imprisonment for 4 years.
(3) Any licensee who manufactures optical discs in contravention of any conditions endorsed on his licence commits an offence and is liable—
- (a) on a first conviction, to a fine at level 2 and to imprisonment for 6 months; and
- (b) on a second or subsequent conviction, to a fine at level 4 and to imprisonment for 1 year.
(4) Any person who contravenes section 9 or 10 commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months.
(5) In any proceedings for an offence under subsection (3), it shall be a defence for the person charged to prove that he took all reasonable steps and exercised all due diligence to avoid the commission of the offence.
