PUBLIC ORDER
322
new legislation, smuggling offences are indictable and the maximum penalty has been increased to a fine of $2 million and imprisonment for seven years.
Strategic Commodities
The department works closely with the Trade Department in the enforcement of an import and export licensing system for strategic commodities. The objectives of the controls are to prevent Hong Kong from being used as a centre for arms proliferation and to ensure continued access for Hong Kong to high technology equipment. During the year, the department established a strategic commodities intelligence and inspection team to carry out more consignment checks on the import and export of controlled goods, and to conduct investigations into suspected illegal diversions of shipments with a view to prosecution.
Customs Co-operation Council
Hong Kong is a member of the Customs Co-operation Council (CCC), established to improve and rationalise international customs operations and facilitate international trade.
The department takes part regularly in the CCC's annual plenary meetings, and other seminars and meetings on enforcement, customs techniques, computer technology and intellectual property rights protection. The department also contributes to CCC regional projects by organising and assisting in the running of training courses on narcotics investigation and ship-rummaging techniques, for other CCC members within the United Nations Economic and Social Commission for Asia and the Pacific Region.
Enforcement of Intellectual Property Rights Protection
The department is the sole agency responsible for the enforcement of the Copyright Ordinance and the Trade Descriptions Ordinance. Close liaison is maintained with trade mark and copyright owners, the legal profession, intellectual property rights organisations and foreign enforcement agencies in investigating complaints relating to the infringement of trade marks and copyright, and in combating counterfeiting and piracy. The department also participated in the Law Reform Commission's work, which began in 1993, to revamp the Copyright Ordinance to keep abreast of international developments.
During the year, the department succeeded in substantially reducing piracy involving television games and computer software, and forced pirates to reduce their scale of operations and go underground. Music piracy in the form of copyright-infringing compact discs remained a problem, however, and large quantities of these pirated products were seized from hawkers, distribution centres and the border control points. In 1994, the department prosecuted 1 690 persons and seized $30.4 million worth of goods under the Copyright Ordinance.
The department also seized $213.8 million worth of counterfeit and falsely-labelled goods under the Trade Descriptions Ordinance. Vigorous enforcement action forced many syndicates to relocate their manufacturing bases outside Hong Kong. Efforts were also made to eradicate fake watches, leather goods and clothing from retail outlets.
Performance Pledges
During the year, the department was committed to fulfilling the performance pledges it announced in September 1993. These cover such services as cargo and vehicular traffic