By the way, do you know why we need a disclaimer like this?
The Legal Practitioners Ordinance s46(1):
Any unqualified person who wilfully pretends to be, or takes or uses any name, title, addition or description implying that he is qualified or recognized by law as qualified to act as, a solicitor shall be guilty of an offence and shall be liable on summary conviction to a fine of $500000.
In Tort law, if a person relies on information given by a specialist and incurs losses, he may be able to sue the specialist for the losses. Of course, a disclaimer will be useful here.
You bought a pack of biscuits from supermarket, which gone bad soon.
You want refund, but the back of the receipt reads: “No refund after 7 days.”
(Adapted from Wikipedia)
Do you know that (theoretically) we cannot use 毫子 to pay more than $2? And we cannot use coins to pay more than $100? (Coinage Ordinance)
Art 8: “The laws previously in force in Hong Kong, … shall be maintained…”
This means laws that were applicable before 1997 continues to apply in Hong Kong
(See also Art 18)
Structure of Courts in Hong Kong Court of Final Appeal Court of Appeal Court of First Instance High Court District Court Magistrates’ Court Labour Tribunal Obscene Articles Tribunal Small Claims Tribunal Lands Tribunal Coroner’s Court Higher
Little cx offers to sell Kay his comic book for $1000. Kay agrees. Whoops, Kay forgot to bring money. Little cx says, “nevermind, the book is now yours, pay me back later”. Just after Kay gets the book, a thief snatches the book and runs away. Some days later, Kelly found the book on the floor and picks it up.
Can cx get $1000 from Kelly? Can cx get the book from Kelly?
Contract : Kay still owes $1000 to cx. cx can sue Kay (probably in small claims court) if he doesn’t pay. cx cannot sue the thief (even if police finds him) to pay for the book because he has no contract with the thief.
Property : Kay still has property rights in the book. So he can get back the book from Kelly.
License : Kelly likes the book very much and wants to borrow it from Kay. She must ask Kay for permission, otherwise she may be liable for theft.
Patent Ordinance s93(2) basically says that computer programs and algorithms are not patentable.
However, s93(3) also says that they are not patentable only if the patent relates to the subject matters “as such”.
“ but if some practical (i.e. technical) effect is achieved by the computer or machine operating according to the instructions contained in the program, and such effect is novel and inventive (i.e. not obvious), a claim directed to that practical effect will be patentable, notwithstanding it is defined by that computer program.” - Merrill Lynch Inc's Application
Software Patents in other parts of the world:
Europe is/was considering to allow “software patents”
USA obviously allows software patents (eg. RSA, LZW)
The exact criminal offenses are quite complicated, I will try to generalize the most common ones into one page:
Infringements in connection with trade or business
Import/export not for private/domestic use
“ distributes (otherwise than for the purpose of, in the course of, or in connection with, any trade or business) to such an extent as to affect prejudicially the owner of the copyright, an infringing copy of a copyright work. “