Page:Prevention of Copyright Piracy Ordinance (Cap. 544).pdf/17

PREVENTION OF COPYRIGHT PIRACY '''33. Protection of the Commissioner, authorized officers and persons assisting them'''

(1) The Commissioner and authorized officers are not liable for any loss or damage suffered by any person as a result of any action taken or omitted to be taken by them in good faith in the exercise of their powers or the performance of their duties under this Ordinance.

(2) Any person may act in aid of an authorized officer who appears to be lawfully engaged in the exercise of any power or the performance of any duty under this Ordinance upon being requested by the authorized officer to do so and without being bound to inquire whether or not the authorized officer is acting lawfully or within the scope of his powers or duties.

(3) A person acting in good faith in aid of an authorized officer under subsection (2) is not liable for any loss or damage suffered by any person as a result of any action taken or omitted to be taken by him while so acting.

(4) Nothing in this section shall affect any civil liability of the Government for the wrongful acts of its servants.

34. Compensation for seizure, etc.

(1) Where any optical disc, machinery, equipment or other thing is seized, removed or detained by an authorized officer under section 18(2) or any machinery, equipment or other thing is sealed by an authorized officer under section 18(5), the Government shall, subject to this section, be liable to compensate the owner thereof for any loss suffered by him by reason of the seizure, removal, detention or sealing thereof or by reason that the optical disc, machinery, equipment or thing is lost or damaged during the period when it is detained or sealed; but the owner shall not be entitled to compensation for any such loss if—
 * (a) the optical disc, machinery, equipment or thing is forfeited under section 20;
 * (b) the owner has been convicted of an offence under this Ordinance or the Copyright Ordinance (92 of 1997) committed in relation to the optical disc, machinery, equipment or thing; or
 * (c) an order has been made in respect of the optical disc, machinery, equipment or thing under section 27.

(2) In any proceedings against the Government in respect of a claim for compensation on any of the grounds referred to in subsection (1), the amount of the compensation recoverable shall be such amount as is just and equitable in all the circumstances of the case, including the conduct and comparative blameworthiness of—
 * (a) the owner of the optical disc, machinery, equipment or thing;