XN000022-1984-02-23 — Page 6

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THURSDAY, FEBRUARY 23, 1984

THERE

+BUT OUR HONEST BUSINESSMEN RECEIVE NO PUBLICITY.

IS NEITHER NEWS VALUE NOR POLITICAL CAPITAL TO BE MADE OF LEGITIMATE TRANSACTIONS, HE ADDED.

HE NOTED THAT THERE WAS A STRONG TENDENCY AMONG HONG KONG'S TRADING PARTNERS TO GROUP THE TERRITORY WITH OTHERS, PARTICULARLY SOUTHEAST ASIAN COUNTRIES, WITH REGARD TO COUNTERFEITING ACTIVITIES.

HE SAID THAT SOME OF THE MISREPRESENTATIONS AROSE BECAUSE HONG KONG WAS AN ENTREPOT THROUGH WHICH COUNTERFEIT GOODS FROM OTHER PLACES WERE TRANSHIPPED.

+SUCH GOODS ARE INVARIABLY DESCRIBED BY OUR OVERSEAS CRITICS AS FROM HONG KONG EVEN THOUGH GIVEN THE NATURE OF TRANSHIPMENTS, WE CAN HAVE NO KNOWLEDGE OF THEIR BEING COUNTERFEITS AS THEY PASS THROUGH OUR PORT.

+WHERE IN EXCEPTIONAL CIRCUMSTANCES WE DO HAVE SUCH KNOWLEDGE WE DEAL WITH THEM SUITABLY BY SEIZURE. BUT OUR OPPORTUNITIES FOR KNOWING ABOUT AND DEALING WITH SUCH TRANSHIPMENTS ARE RARE, MR JORDAN SAID.

ON LAW ENFORCEMENT, HE SAID THAT HONG KONG HAD STRONG AND EFFECTIVE LEGISLATION TO COUNTER THE ILLICIT ACTIVITIES.

HE EXPLAINED THAT IN MANY PLACES AROUND THE WORLD, INCLUDING THE UNITED KINGDOM, PROSECUTION OF THOSE ENGAGED IN COUNTERFEITING TRADE MARKS RESTS LARGELY ON CIVIL LEGAL ACTION AND CIVIL JURISDICTION, AND SUCH AVENUES ARE ALSO AVAILABLE TO TRADE MARK OWNERS IN HONG KONG.

BUT UNLIKE MANY OTHER PLACES, THE HONG KONG GOVERNMENT CONSIDERS COUNTERFEITING A CRIMINAL ACT, MR JORDAN SAID.

IT HAS PROVIDED LEGISLATION IN THE TRADE DESCRIPTIONS ORDINANCE TO COUNTER FALSE TRADE DESCRIPTIONS, FALSE TRADE MARKS, AND MISREPRESENTATION, REGARDLESS OF WHETHER THE GOODS ARE MADE LOCALLY, IMPORTED OR EXPORTED.

OUTLINING THE SUCCESSES OF THE CUSTOMS AND EXCISE DEPARTMENT IN SUPPRESSING COUNTERFEITING, MR JORDAN SAID THAT IN 1978 THE DEPARTMENT HANDLED 213 INVESTIGATIONS, TAKING 56 CASES TO COURT AND SEIZING $1-MILLION WORTH OF GOODS.

IN 1983, THERE WERE 213 INVESTIGATIONS, 421 CASES PROSECUTED AND SEIZED $21-MILLION WORTH OF GOODS.

+SADLY SOMETIMES OUR OVERSEAS CRITICS MISINTERPRET OUR SUCCESS. THEY MISCONSTRUE OUR DETECTION FIGURES AND MISREPRESENT THEM AS AN INDICATION OF THE GROWTH OF THE COUNTERFEIT PROBLEM IN HONG KONG.

+NO-ONE KNOWS THE FULL EXTENT OF THE PROBLEM IN HONG KONG OR ANYWHERE ELSE WITH COMPLETE ACCURACY NEITHER OUR CRITICS NOR OURSELVES.

+ BUT CERTAINLY IN THE CUSTOMS AND EXCISE DEPARTMENT WE HAVE VARIOUS AVENUES OF INTELLIGENCE OPEN TO US WHICH ENABLE US TO ASSESS THE SIZE OF THE PROBLEM TO A REASONABLE DEGREE.

+AND FROM THIS INTELLIGENCE WE KNOW WE ARE MAKING NOT INCONSIDERABLE INROADS INTO THE PROBLEM,+ MR JORDAN SAID.

/A