2 Feb 2026
SKY KING MACHINERY ENGINEERING LTD v. CHINA HARBOUR ENGINEERING COMPANY LTD
- Citation
- [2026] HKCA 11
- Court
- Court of Appeal
- Case number
- CACV211/2023
The Court of Appeal affirmed the Recorder: TP Wong authored the SF 2003 plans and the as-built installation in the course of employment so Plaintiff owns copyright; the installation qualifies as a 'work of architecture' under s 5 without a requirement of artistic quality; the SF 2005 plans (and consequentially the MS plans and Defendant's installation) reproduced substantial and qualitatively important parts of the SF 2003 plans/installation; the s 115 presumption of Gammon/Lambeth authorship was rebutted by evidence; therefore Defendant infringed Plaintiff's copyright.