Hong Kong Customs combats illegal streaming of TV channels and infringing anime videos
Hong Kong Customs conducted an enforcement operation yesterday (March 25) to combat infringement activities involving illegal communication of TV channels and infringing anime videos to the public by streaming technology. During the operation, Customs seized two TV decoders of pay TV channels, a TV signal receiver set, three sets of computer servers suspected to be used for illegal streaming, a computer used for remote server operation, a mobile phone and an assortment of electronic equipment and audio-visual devices with a total estimated market value of about $40,000.
Customs earlier received information from a copyright owner alleging that someone had set up a web page to distribute copyright-protected pay-TV channels through streaming technology without the authorisation of the copyright owner. Customs officers then initiated an investigation and identified an individual, registered as a user of local pay TV channels, who utilised advanced digital technologies to bypass the digital rights protection measures enforced by copyright owners and communicate the pay-TV channels to the public. Furthermore, the user employed a specialised TV signal receiver and illegal streaming software hosted on the computer servers for the illegal communication of local free TV channels via webpages. The subject promoted this service as a "digital TV retransmission station" to attract Internet users. Additionally, it was discovered that the subject separately set up another website to offer a substantial collection of suspected infringing animated videos for on-demand streaming.
After a comprehensive investigation and with the assistance of the copyright owner, Customs yesterday raided a residential unit in Tsuen Wan. During a live broadcast of overseas basketball matches, Customs utilised computer forensic programmes to conduct real-time monitoring over related suspected illegal streaming activities and seized the batch of suspected illegal streaming servers and electronic equipment. Officers from the department's Computer Forensic Laboratory were also summoned to the scene to render support. Through on-site computer evidence collection, over 50 000 digital video files were seized from one of the computer servers, including suspected infringing animated series, movies and variety shows, which were believed to be used for illegal communication.
During the operation, a 26-year-old man was arrested for operating the websites for suspected infringement activities. He was released on bail pending further investigation. The investigation is ongoing.
Customs reminds the public not to engage in unauthorised activities involving the dissemination of copyrighted works. Members of public should also respect intellectual property rights and refrain from watching infringing movie/TV works or pay-TV channels through any form of illegal streaming. Webpages, applications or streaming links related to illegal streaming may contain computer viruses or malicious programmes which can pose potential risks to users.
According to the Copyright Ordinance, it is illegal for anyone, without the authorisation of the copyright owner, to engage in any trade or business that involves communicating works to the public for profit or reward, or in the course of such trade or business, to communicate copyrighted works to the public; or to communicate copyrighted works to the public to an extent that damages the rights of the copyright owner. Upon conviction, the maximum penalty is imprisonment for four years and a fine of $50,000 for each copyrighted work.
Members of the public may report any suspected infringement activities to Customs' 24-hour hotline 182 8080 or its dedicated crime reporting email account (crimereport@customs.gov.hk) or online form (eform.cefs.gov.hk/form/ced002).
Hong Kong Customs combats illegal streaming of TV channels and infringing anime videos Source: HKSAR Government Press Releases
Seven persons arrested during anti-illegal worker operation
The Immigration Department (ImmD) mounted an anti-illegal worker operation codenamed "Contribute" today (January 15).During the operation, ImmD Task Force officers raided premises under renovation in a newly built public housing estate in Sheung Shui district.A total of six suspected illegal workers and one suspected employer were arrested. Thearrested suspected illegal workers comprise six men, aged 22 to 41. Furthermore, one man, aged 45, suspected of employing the illegal workers, was also arrested. An investigation into the suspected employers is ongoing, and the possibility of further arrests is not ruled out.
Apart from mounting the enforcement operation, ImmD officers and a promotional vehicle have been deployed to distribute "Don't Employ Illegal Workers" leaflets and convey the message in the estate.
An ImmD spokesman said, "Any person who contravenes a condition of stay in force in respect of him or her shall be guilty of an offence. Also, visitors are not allowed to take employment in Hong Kong, whether paid or unpaid, without the permission of the Director of Immigration. Offenders are liable to prosecution and upon conviction face a maximum fine of $50,000 and up to two years' imprisonment. Aiders and abettors are also liable to prosecution and penalties."
The spokesman stressed that it is a serious offence to employ people who are not lawfully employable. Under the Immigration Ordinance, the maximum penalty for an employer employing a person who is not lawfully employable, i.e. an illegal immigrant, a person who is the subject of a removal order or a deportation order, an overstayer or a person who was refused permission to land, has been significantly increased from a fine of $350,000 and three years' imprisonment to a fine of $500,000 and 10 years' imprisonment to reflect the gravity of such offences. The director, manager, secretary, partner, etc, of the company concerned may also bear criminal liability. The High Court has laid down sentencing guidelines that the employer of an illegal worker should be given an immediate custodial sentence.
According to the court sentencing, employers must take all practicable steps to determine whether a person is lawfully employable prior to employment. Apart from inspecting a prospective employee's identity card, the employer has the explicit duty to make enquiries regarding the person and ensure that the answers would not cast any reasonable doubt concerning the lawful employability of the person. The court will not accept failure to do so as a defence in proceedings. It is also an offence if an employer fails to inspect the job seeker's valid travel document if the job seeker does not have a Hong Kong permanent identity card. Offenders are liable upon conviction to a maximum fine of $150,000 and to imprisonment for one year. In that connection, the spokesman would like to remind all employers not to defy the law by employing illegal workers. The ImmD will continue to take resolute enforcement action to combat such offences.
Under the existing mechanism, the ImmD will, as a standard procedure, conduct an initial screening of vulnerable persons, including illegal workers, illegal immigrants, sex workers and foreign domestic helpers, who are arrested during any operation with a view to ascertaining whether they are trafficking in persons (TIP) and/or forced labour victims. When any TIP and/or forced labour indicator is revealed in the initial screening, the ImmD officers will conduct a full debriefing and identification by using a standardised checklist to ascertain the presence of TIP and/or forced labour elements. Identified TIP and/or forced labour victims will be provided with various forms of support and assistance, including urgent intervention, medical services, counselling, shelter or temporary accommodation and other supporting services. The ImmD calls on TIP and/or forced labour victims to report crimes to the relevant departments immediately.
For reporting illegal employment activities, please call the dedicated hotline 3861 5000, by fax at 2824 1166, email to anti_crime@immd.gov.hk, or submit "Online Reporting of Immigration Offences" form at www.immd.gov.hk.
Seven persons arrested during anti-illegal worker operation Source: HKSAR Government Press Releases
Seven persons arrested during anti-illegal worker operation Source: HKSAR Government Press Releases
