ENG-1996 — Page 158

TRADE AND INDUSTRY

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suspect shipments. The branch also maintains close contact and co-operates with enforcement authorities in Hong Kong's overseas markets.

The branch plays a key role in the enforcement of consumer protection legislation and co-operates closely with the Consumer Council. Under the Weights and Measures Ordinance, the branch protects consumers against fraudulent or unfair business practices in connection with quantity, weights and measures. Through spot checks on gold and jewellery shops the branch ensures the content of gold and platinum is correctly marked in compliance with the Marking Orders. In the area of product safety, the branch enforces the Consumer Goods Safety Ordinance and the Toys and Children's Products Safety Ordinance by tracking down and identifying unsafe products on sale in Hong Kong and prosecuting offenders. In 1996, the branch carried out 568 spot checks and 307 investigations under the Weights and Measures Ordinance, the Trade Descriptions (Marking) (Gold and Platinum) Orders, the Consumer Goods Safety Ordinance and the Toys and Children's Products Safety Ordinance.

Trade in Endangered Species

The import, export and possession of endangered species are regulated by the Animals and Plants (Protection of Endangered Species) Ordinance, which gives effect to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Licensing policy follows the CITES principles closely. Commercial import and export of highly endangered species are prohibited, and trade in less-endangered species is subject to licensing requirements.

The ordinance is administered by the Agriculture and Fisheries Department, and enforced by the department and the Customs and Excise Department through checking at entry points, markets, shops and restaurants. All suspected offences are investigated and prosecutions are instituted if there is evidence of a breach of the ordinance.

The ordinance was amended in January 1995 to provide for a sharp increase in penalties, which now range up to a maximum fine of $5 million and imprisonment for two years.

Intellectual Property

The Intellectual Property Department, which includes the Trade Marks and Patents Registries, provides a focal point for the development of Hong Kong's intellectual property regime. The department is pursuing proposals for reform of the laws on trade marks, patents, copyright and designs. In November 1995, the Sino-British Joint Liaison Group agreed on the basis for the continued protection of all categories of intellectual property in Hong Kong after June 30, 1997, both under localised laws which are now being prepared, and under international conventions which will continue to apply to Hong Kong after that date.

The Intellectual Property (World Trade Organisation Amendments) Ordinance was enacted in May 1996 to enable Hong Kong to fulfil its international obligations as a member of the WTO to enhance the protection of intellectual property rights. The Patents Bill which provides for the grant of independent patents based on the patents granted elsewhere and for the grant of short-term patents was introduced into the Legislative Council in July 1996. A draft Copyright Bill was put forward for public