XN000022-1996-05-22 — Page 42

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Reply:

(b)

(c)

(d)

Mr President,

of the number of raids carried out in these centres in the past 12 months, and the total quantity and value of pirated CD-ROMs seized;

of the number of prosecutions instituted regarding such offences in the past 12 months, together with the percentage of prosecutions resulting in convictions, as well as the highest, lowest and average penalties imposed by the court, and

whether any difficulties have been encountered by the departments concerned in instituting prosecutions relating to such offences; if so, whether positive action has been taken to overcome such difficulties so as to enhance the deterrent effect on offenders?

The Hong Kong Customs has stepped up enforcement action against the sale of pirated copyright products, including computer CD-ROMs, in known blackspots and shopping arcades. I wish to stress that in addition to tackling the copyright piracy problem at the retail level, Customs also places emphasis on tackling the problem at the distribution and importation levels. To this end, Customs, in conjunction with the Police, has been adopting a pro-active enforcement approach in the form of intelligence gathering and investigation work relating to alleged triad and organised criminal involvement in local and cross-border copyright piracy activities, resulting in a number of successful border interceptions and raids on storage premises for pirated CD-ROMs. Customs has also been forging closer co-operation with the relevant counterpart authorities in China in the protection and enforcement of intellectual property rights and in joint border operations.

In 1995, a total of 273 raids were carried out by Customs at the retail and distribution levels, resulting in a total seizure of about 359,000 CD-ROMs containing computer software and video CDs (VCDs) at an estimated value of HK$27 million. The corresponding figures in the first four months of this year were 192 raids conducted, and about 210,000 CD-ROMs and VCDs seized totalling an estimated value of HK$14 million. The quantity and value of pirated CD-ROMS and VCDS seized in the first four months of this year already represent 58% and 52% respectively of the figures in the entire year of 1995.

In 1995, 72 persons and one firm were prosecuted for copyright piracy offences relating to CD-ROMs and VCDs. The conviction rate was 69%. The corresponding figures in the first four months of this year were 144 persons and two firms. The conviction rate was 81%.

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