Trains models, in Hong Kong

Control of Exemption Clauses Ordinance (Cap. 71), ss. 7-8, 10-11 · Read the law's page

• Do not rely on a contract term or a notice to exclude or restrict your liability for death or personal injury resulting from negligence; such a term or notice has no effect (s. 7(1)).
• A term or notice that excludes or restricts your liability for other loss or damage resulting from negligence is effective only in so far as it satisfies the requirement of reasonableness, and a person's agreement to or awareness of it is not of itself voluntary acceptance of the risk (s. 7(2), (3)).
• Where the other party deals as consumer or on your written standard terms of business, a term that excludes or restricts your liability for your own breach, or that lets you perform differently from what was reasonably expected or not at all, is effective only in so far as it satisfies the requirement of reasonableness (s. 8).
• Do not use a term or notice in a guarantee of consumer goods to exclude or restrict liability for loss or damage from a defect that results from the negligence of a person concerned in the manufacture or distribution of the goods (s. 10(1)).
• Against a person dealing as consumer, you cannot exclude or restrict liability for breach of the seller's undertakings as to description, sample, quality or fitness for purpose under sections 15 to 17 of the Sale of Goods Ordinance (s. 11(2)).
• Against a business buyer, an exclusion of the sections 15 to 17 undertakings is effective only in so far as it satisfies the requirement of reasonableness (s. 11(3)).
• Sections 7 and 8 do not apply to a contract so far as it relates to the creation or transfer of a right or interest in a copyright, patent, trade mark, registered design, technical or commercial information or other intellectual property (Sch. 1, s. 1(c)).
• These limits bind only business liability, meaning liability for breach of obligations or duties arising from things done or omitted in the course of a business (s. 2(2)).

Personal Data (Privacy) Ordinance (Cap. 486), Schedule 1, principles 1 and 3 · Read the law's page

• Collect personal data, from any source, only for a lawful purpose directly related to your function or activity, only where necessary for or directly related to that purpose, and no more than is adequate and not excessive (Schedule 1, principle 1(1)).
• Collect personal data by lawful and fair means (Schedule 1, principle 1(2)).
• Do not use personal data for a new purpose, one other than the purpose at collection or a directly related one, without the data subject's prescribed consent (Schedule 1, principle 3).

Copyright Ordinance (Cap. 528), s. 4(1)(a) · Read the law's page

• Do not copy a compilation of data or other material that by reason of the selection or arrangement of its contents constitutes an intellectual creation, including by storing it in any medium by electronic means, without the copyright owner's licence (ss. 4(1)(a), 22(1)(a), 22(2), 23(2)).
• Copyright subsists only in an original literary work, and not in a compilation unless and until it is recorded, in writing or otherwise (ss. 2(1)(a), 4(2)).

Copyright Ordinance (Cap. 528), ss. 60-61 · Read the law's page

• If you have a contractual right to use a copy of a computer program, you may make a back-up copy of it without infringing the copyright if you need the back-up copy for your lawful use; an agreement to the contrary overrides this permission (s. 60).
• If you are a lawful user of a copy of a computer program, you may copy or adapt it without infringing the copyright where that is necessary for your lawful use, including to correct errors in it (s. 61(1), (2)).
• The permission in section 61 covers only copying or adapting that is necessary for the lawful use, and does not cover copying that section 60 already permits (s. 61(1), (3)).

Cap. 553, Electronic Transactions Ordinance, s. 17 · Read the law's page

• Do not assume a contract is void or unenforceable because it was formed through an electronic record: such a contract cannot be denied validity or enforceability on that sole ground, and an offer and its acceptance may be expressed in whole or in part by electronic records unless the parties otherwise agreed (s. 17(1), (2)).
• Do not treat an electronic signature attached to or logically associated with an electronic record used in forming a contract as without legal effect on the sole ground that it is an electronic signature (s. 17(2A)).
• Section 17 does not apply to the matters listed in section 3, and it does not affect a common-law rule that the offeror may prescribe the method of communicating acceptance (ss. 3, 17(3)).

Copyright Ordinance (Cap. 528), ss. 22-23, 28A · Read the law's page

• You need the copyright owner's licence to copy a work, issue or rent copies of it to the public, perform, show or play it in public, communicate it to the public, or make an adaptation of it; copying includes storing a work by electronic means and making transient or incidental copies (ss. 22(1), (2), 23(2), (6)).
• Authorizing another person to do one of those acts without the owner's licence is also infringement, and a court may weigh your power to control or prevent the infringement, your relationship with that person and whether you took reasonable steps to limit or stop it (s. 22(2), (2A)).
• Making a work available through the Internet, so that members of the public may access it from a place and at a time they choose, is communicating it to the public (s. 28A(2), (3)).
• You communicate a work to the public if you determine the content of the communication; a person who only clicks on a link to gain access to a webpage does not (s. 28A(4), (5)).
• Providing facilities that enable or facilitate communication of a work to the public is not of itself communicating it, but facilities primarily designed, produced or adapted to enable direct access to a work without the owner's permission are not a mere provision of facilities (s. 28A(6)).
• Communicating a work to the public without the owner's licence in the course of a business of communicating works for profit or reward, or to an extent that prejudicially affects the owner, is also a criminal offence (ss. 118(8B), 119(3)).
• A computer program and a compilation of data that is an intellectual creation by its selection or arrangement are literary works, so copying either is within these rights (s. 4(1)).

Copyright Ordinance (Cap. 528), ss. 38-39 · Read the law's page

• Rely on fair dealing only for research or private study (section 38), or for criticism, review, quotation or reporting current events with a sufficient acknowledgement (section 39); a court weighs the purpose and commercial nature of the use, the nature of the work, the amount taken and the effect on the work's potential market (sections 38(3) and 39(4)), and the use must not conflict with a normal exploitation of the work or unreasonably prejudice the owner's legitimate interests (section 37(3)).

Crimes Ordinance (Cap. 200), s. 161 · Read the law's page

• Do not obtain access to a computer with intent to commit an offence, with a dishonest intent to deceive, with a view to dishonest gain for yourself or another, or with a dishonest intent to cause loss to another (section 161(1)).

Telecommunications Ordinance (Cap. 106), s. 27A · Read the law's page

• Do not knowingly cause a computer to perform a function by telecommunications to obtain access to a program or data that you are not entitled to control access to, unless you have been authorized by a person who is so entitled or believe you have been or would have been (section 27A).