Hong Kong Customs response about a court case

25 Jul 2006

In response to media enquiries on a court case (HCMA 408/2006) regarding a copyright infringement case handled by Customs and Excise Department, the Assistant Commissioner of Customs and Excise, Mr Leung Koon-wah, today (July 25) made the following statement:

"Hong Kong Customs is committed to taking rigorous enforcement against all types of piracy activities for the protection of intellectual property rights (IPRs), while promoting public awareness of IPRs protection and fully supporting local creative industry.

Customs officers will discharge their duties and handle each and every case with care and professionalism in accordance with the law. Upon receipt of report of a crime, the officers will handle the case speedily and take appropriate follow-up action. If need be, advice and guidance will also be sought from the Department of Justice. Where sufficient evidence has been collected for prosecution, legal proceeding will be instituted.

Where a complaint or report of criminal piracy activities is received, Customs officers will handle it as soon as possible with the aim of combating piracy activities for the protection of IPRs.

In addition, Hong Kong Customs will from time to time review the procedures of investigation and prosecution in a bid to enhance law enforcement efficiency and bring offenders to justice.

Very often investigation into criminal offences under the Copyright Ordinance is a lengthy process, in particular when it involves overseas parties or assignment of rights under licence contract. In order to allow Hong Kong Customs to have more time to handle copyright cases of a complicated nature, the Government has included in the Copyright (Amendment) Bill 2006 a proposal to amend the time limit for taking prosecution to within three years from the date of commission of offence. The Bill is now being considered by the Legislative Council.

As for the current case (HCMA 408/2006), Hong Kong Customs is studying the judgment, and seeking legal advice from Department of Justice."

Ends/Tuesday, July 25, 2006

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