XN000022-1994-11-09 — Page 32

REPLY:

MR PRESIDENT

(A)

DURING

THE

PAST TWELVE

12

MONTHS,

THE

WEDNESDAY, NOVEMBER 9, 1994

CUSTOMS

AND EXCISE COMPACT DISCS

DEPARTMENT SEIZED MORE THAN 180,000 COPIES OF PIRATED WITH AN ESTIMATED MARKET VALUE OF $7.2 MILLION.

(B)

FOR

IN THE SAME PERIOD 523 CASES WERE SUCCESSFULLY PROSECUTED SELLING OR POSSESSING PIRATED COMPACT DISCS FOR THE PURPOSES OF TRADE PIRATED COMPACT OR BUSINESS. THERE WAS NO CONVICTION FOR PRODUCING

WERE IMPORTED FROM DISCS BECAUSE ALL OF THE PIRATED COMPACT DISCS OUTSIDE HONG KONG.

COURT RANGED IMPRISONMENT, AND THE THE AVERAGE

OF THE 523 CASES, THE SENTENCES IMPOSED BY THE FROM 50 HOURS OF COMMUNITY SERVICE TO 8 MONTHS' FINES RANGED FROM $1.85 TO $1,000 PER INFRINGING COPY, FINE WAS $70 PER INFRINGING COPY.

(C)

ORDINANCE FOR

PIRATED COMPACT

THE PENALTY MAXIMA PRESCRIBED IN THE COPYRIGHT PRODUCING PIRATED COMPACT DISCS ARE TWO YEARS' IMPRISONMENT AND A FINE OF $50,000, WHEREAS THOSE FOR SELLING OR POSSESSING DISCS FOR TRADE AND BUSINESS ARE 12 MONTHS' IMPRISONMENT AND A FINE OF $1,000 PER INFRINGING COPY.

NEIGHBOURING THE CORRESPONDING STATUTORY PENALTY MAXIMA IN OUR JURISDICTIONS RANGE FROM IMPRISONMENT FOR ONE TO SEVEN YEARS AND FINES RANGING FROM $15,000 TO $135,000 FOR PRODUCING PIRATED COMPACT DISCS, TRADE AND FOR THE OFFENCE OF POSSESSION OF PIRATED COMPACT DISCS FOR PURPOSES, IMPRISONMENT FOR ONE TO SEVEN YEARS AND FINES $620 TO AN UNLIMITED AMOUNT PER INFRINGING COPY.

(D)

WE

LEGISLATIVE

RANGING FROM

WE ARE LAW REFORM A SECOND WE ARE AIMING AT

REGIME FOR COPYRIGHT ARE REVIEWING OUR PROTECTION WITH A VIEW TO MODERNISING AND LOCALISING THE LAW. CONSIDERING ACTIVELY ADOPTING THE RECOMMENDATIONS OF THE COMMISSION TO INCREASE THE PENALTY MAXIMA AND TO INTRODUCE TIER OF HIGHER PENALTIES FOR REPEATED OFFENDERS. INTRODUCING THE AMENDING LEGISLATION INTO THIS COUNCIL IN 1995.

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