Page:Prevention of Copyright Piracy Ordinance (Cap. 544).pdf/18

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PREVENTION OF COPYRIGHT PIRACY
Ord. No. 22 of 1998
A477
(b) the person in charge or control of the optical disc, machinery, equipment or thing at the time it was seized, removed or sealed;
(c) the agents of the person specified in paragraphs (a) and (b); and
(d) authorized officers, public officers and other persons concerned.

(3) No proceedings shall be maintainable in respect of any claim for compensation on any of the grounds referred to in subsection (1) unless the proceedings are commenced—

(a) in the case of a claim for compensation in respect of any optical disc, machinery, equipment or thing delivered to its owner by order of a court or magistrate or by any person having authority to deliver the optical disc, machinery, equipment or thing to him, not later than 6 months after the delivery thereof;
(b) in the case of a claim for compensation on the ground that any optical disc, machinery, equipment or thing was lost during the period when it was detained or sealed, not later than 6 months after—
(i) the discovery by the owner of the existence of such ground; or
(ii) the date on which the owner could, by the exercise of reasonable diligence, have discovered the existence of such ground,
whichever is the earlier.

35. Aids in proof

(1) A certificate purporting to be certified under the hand of the Commissioner and stating whether—

(a) a person named in the certificate has or has not been granted a licence under this Ordinance;
(b) a licence granted under this Ordinance to a person named in the certificate has or has not expired or has or has not been revoked or cancelled; or
(c) a manufacture’s code specified or described in the certificate has or has not been assigned under section 5(2)(a) or 8(3)(b) to a person named in the certificate,

shall be evidence of the matters stated therein as at the date of the certificate and shall be received in evidence in any proceedings under this Ordinance without further proof.

(2) A copy of any licence which purports to be certified under the hand of the Commissioner shall be evidence of the licence and of the matters stated therein as at the date of the copy and shall be received in evidence in any proceedings under this Ordinance without further proof.