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WEDNESDAY, DECEMBER 3, 1980
THE NUMBER OF OFFICERS DIRECTLY ENGAGED IN ENFORCING THE ORDINANCE WILL BE INCREASED FROM 31 TO 46.
ON OFFENCES COMMITTED BY A CORPORATION, IT WAS DECIDED THAT THE BURDEN OF PROOF THAT A DIRECTOR OF THE CORPORATION WAS NOT INVOLVED SHOULD REMAIN ON HIM, AS AT PRESENT, AND NOT SHIFT TO THE PROSECUTION, AS ORIGINALLY PROPOSED.
REGARDING THE MARK ING OF ARTICLES CONTAINING GOLD,
MR CHEUNG SAID THAT THE ENACTMENT OF THE BILL WOULD ENABLE THE GOVERNOR-IN-COUNCIL TO MAKE MARKING ORDERS TO CONTROL FRAUDULENT AND MISLEADING DESCRIPTIONS OF ARTICLES WITH GOLD CONTENT OFFERED FOR SALE.
+THIS CONTROL MEASURE HAS LONG BEEN OVERDUE AND, IN OUR VIEW, SHOULD BE IMPLEMENTED AS SOON AS POSSIBLE, TO FORESTALL ANY FURTHER DAMAGE TO HONG KONG'S REPUTATION. +
IT WAS ALSO AGREED THAT MARKING ORDERS SHOULD BE EXTENDED TO COVER PLATINUM AND, IF NECESSARY, PALLADIUM, MR CHEUNG SAID.
THE HON ALEX WU EXPRESSED RESERVATION THAT THERE WAS SCOPE FOR MORE IMPROVEMENT THAN THE BILL PROVIDED.
HE POINTED OUT THAT THE MERCHANDISE MARKS ORDINANCE WHICH THE BILL WAS INTENDED TO REPLACE INCLUDES CERTAIN PROTECTION FOR COPYRIGHT IN ADDITION TO THAT AVAILABLE UNDER THE COPYRIGHT ORDINANCE.
HOWEVER, HE WAS CONCERNED THAT THESE PROVISIONS HAVE BEEN REMOVED BECAUSE UNOFFICIALS WERE TOLD THAT THEY DISTORTED+ THE BILL.
+WITH THE REMOVAL OF REFERENCE TO COPYRIGHT FROM THE PROPOSED LEGISLATION, COPYRIGHT HOLDERS ARE DENIED ONE FORM OF REDRESS AND MUST TURN TO THE MORE CUMBERSOME, MORE EXPENSIVE AND, IN MY VIEW, LESS RELEVANT PROVISIONS OF THE COPYRIGHT ORDINANCE.
+ IT IS HARD TO SEE WHY, IN THE NAME OF LEGAL TIDINESS, WE SHOULD BE REDUCING PROTECTION FOR ANYONE.
*THE FACT THAT THIS BILL IS DIRECTED MAINLY TOWARDS CONSUMER PROTECTION IS NOT AN ARGUMENT FOR REDUCING PROTECTION OF INDUSTRIAL PROPERTY.
+GIVEN OUR DEPENDENCE ON EXPORTS AND THE IR ACCEPTANCE IN OVERSEAS MARKETS. IT WILL BE A PITY IF WE HAVE SIMPLY MADE IT EASIER TO MAKE AND SELL FALSE GOODS A FRAUD ON INDUSTRIAL PROPERTY OWNERS AND CONSUMERS, HE SAID.
MR WU HOPED THAT THE GOVERNMENT WOULD NOW LOOK WITHOUT DELAY AT THE COPYRIGHT ORDINANCE SO AS TO RESTORE AND IF NECESSARY STRENGTHEN ITS PROVISIONS AS THEY AFFECT THE INTEGRITY OF HONG KONG'S MANUFACTURED PRODUCTS.
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