網上拍賣會否觸犯法例?

The answer is based on how copyright is interpreted by Hong Kong Ordinance.

Yes, it is illegal. The reasons are:

a. Hong Kong Ordinance does not have a legal concept of fair dealing. Fair dealing means you can use the copyright legally to certain extend without the copyright owners' approval.

b. You are not the agent and you don't have the express approval from the agent for resale.

However - due to the cost associated with civil enforcement, usually, as soon as the products are genuine and you are not in a large quantity, the agent of the copyright will usually do nothing.

2012-12-16 19:29:42 補充：
1. Yes.

2. In theory, yes. In reality, no.

3. Yes.

2012-12-16 19:30:50 補充：
One of the thing a lot of people don't understand is the uniqueness on how Copyright Ordinance is written in Hong Kong. Unlike a lot of western countries, Hong Kong does not have a legal concept of fair use/dealing.

2012-12-16 19:32:28 補充：
This means basically approval must be needed all uses of copyrighted materials in Hong Kong.

However, if you are not in a big scale of operations, usually they won't care.

你賣盜版，或者賊贓，就係犯法，如果你唔識分盜版賊贓，咁就唔好玩，賺得幾多﹖

如果係正版是冇問題的, 當是二手放出, 合法的, 但如果是翻版就免啦, 是犯法的.