Hong Kong Signs MOU with WIPO to Enhance Global Intellectual Property Information Sharing

Hong Kong and WIPO sign MOU on WIPO Lex-Judgments database

The Hong Kong Special Administrative Region Government today (September 1) signed a Memorandum of Understanding (MOU) with the World Intellectual Property Organization (WIPO) on co-operation with regard to the WIPO Lex-Judgments database to strengthen information sharing, with a view to jointly building a more connected and informative global intellectual property (IP) community.

The WIPO Lex-Judgments database provides free, open access to leading judicial decisions relating to IP from around the world. The Chief Executive in his 2024 Policy Address announced that Hong Kong will participate in the database with the Central Government's support. Under the MOU, Hong Kong will contribute leading IP judgments from the Judiciary to the database, facilitating the international IP community's access to such judgments, while at the same time showcasing the quality of Hong Kong's IP-related judicial judgments.

In the witness of the Financial Secretary, Mr Paul Chan; Deputy Director General of WIPO Ms Wang Binying; and the Chief Judge of the High Court, Mr Justice Jeremy Poon, the MOU was signed by the Director of Intellectual Property, Mr David Wong, and Assistant Director General of WIPO Mr Marco Alemán.

In his speech at the signing ceremony, Mr Chan said that Hong Kong's participation in the database carries special significance. "Under the 'one country, two systems' framework, Hong Kong is the only territory in China practising common law, and in both Chinese and English. Its protection of IP is widely recognised. As a trusted venue for resolving IP disputes involving parties from both the Mainland and abroad, our judgments serve as valuable references to the international legal community."

Mr Chan indicated Hong Kong's strengthened collaboration with WIPO would not only enhance its role in the international exchange of jurisprudence, but also strengthen Hong Kong's standing as a leading regional hub for IP trading and legal services. "By enhancing the global transparency of our IP legal regime, we provide greater confidence to international businesses and rights holders to invest and pursue innovation activities here. They can count on our reliable, world-class legal infrastructure for the commercialisation and protection of their IP assets." He also thanked the Central People's Government and WIPO for their strong support to Hong Kong's IP initiatives over the past years, and reiterated that Hong Kong remains firmly committed to playing an active role in international IP co-operation and contributing to China's vision of becoming a global IP powerhouse by 2035.

Also addressing the signing ceremony, Mr Justice Poon said, "Under the MOU, representative IP judgments of the Hong Kong courts will be made available on the WIPO Lex-Judgments database. Hong Kong will continue to play an important role in providing better access of IP judgments, enhancing global understanding of judicial approaches to the latest common legal issues, and contributing to international co-operation for promoting IP."

Today's signing ceremony was also attended by representatives from the local IP community, the legal profession, the research and development sector and business bodies.

Hong Kong and WIPO sign MOU on WIPO Lex-Judgments database Source: HKSAR Government Press Releases

Hong Kong and WIPO sign MOU on WIPO Lex-Judgments database Source: HKSAR Government Press Releases

Hong Kong and WIPO sign MOU on WIPO Lex-Judgments database Source: HKSAR Government Press Releases

Hong Kong and WIPO sign MOU on WIPO Lex-Judgments database Source: HKSAR Government Press Releases

Hong Kong and WIPO sign MOU on WIPO Lex-Judgments database Source: HKSAR Government Press Releases

HKSAR Government expresses dissatisfaction with and opposition to unfounded comments by individual so-called human rights experts on Lai Chee-ying case

The Hong Kong Special Administrative Region (HKSAR) Government today (December 24) expressed dissatisfaction with and opposition to the unfounded comments by individual so-called human rights experts after the court of the HKSAR convicted Lai Chee-ying of offences of endangering national security in strict accordance with the law and evidence.

A spokesperson for the HKSAR Government pointed out, "The HKSAR Government noted that individual so-called human rights experts have entirely no respect for the HKSAR court's independent judgment of the case, which had been made on the basis of facts and evidence. They also refused to acknowledge the evidence set out in the reasons for verdict, and refused to understand the court's considerations and the reasons for verdict. Instead, they wantonly launched attacks, slandered and attacked the HKSAR Government, with despicable political manipulations to demand the immediate release of Lai Chee-ying, overriding the rule of law with politics and confounding right and wrong. Their despicable intent to interfere with the court's sentencing has been seen through by all. The HKSAR Government has to refute resolutely to set the record straight."

Court's conviction verdict was entirely free from any political considerations

"The court's reasons for verdict in this case are 855 pages long, which are fully open for public inspection, and include the court's analysis of the relevant legal principles and evidence, as well as the reasons for convicting Lai Chee-ying and the three defendant companies in full detail. The court clearly pointed out in the reasons for verdict that Lai Chee-ying was not on trial for his political views or beliefs. The court's conviction verdict is well-founded and reasoned, fully demonstrating that the court has made its decision on the case strictly in accordance with the law and evidence, free from any interference, and absolutely free of any political considerations."

The spokesperson stressed, "Hong Kong is a society underpinned by the rule of law and has always adhered to the principle that laws must be obeyed and lawbreakers be held accountable. Article 5 of the Hong Kong National Security Law (HKNSL) and section 2 of the Safeguarding National Security Ordinance (SNSO) clearly stipulate that the principle of the rule of law shall be adhered to in preventing, suppressing and imposing punishment for offences endangering national security. Any suggestion that certain individuals or organisations should be immune from legal consequences for their illegal acts is no different from advocating a special privilege to break the law, and this totally runs contrary to the spirit of the rule of law."

The Lai Chee-ying case has nothing to do with freedom of speech and of the press at all

The spokesman pointed out, "These so-called human rights experts have conflated the criminal acts in this case with freedom of speech and of the press, with the purpose of misleading the public and defaming the HKSAR. In fact, the Lai Chee-ying case has nothing to do with freedom of speech and of the press at all. Over the years, the defendants were using journalism as a guise to commit acts that brought harm to our country and Hong Kong.

"The public trial of this case revealed Lai Chee-ying's close management and hands-on control of the editorial direction of Apple Daily. Lai Chee-ying had repeatedly and personally colluded with foreign forces, begging for sanctions and hostile actions against the Central Authorities and the HKSAR Government. The court clearly pointed out that Lai Chee-ying's only intent, whether pre or post HKNSL, was to seek the downfall of the Communist Party of China, even though the ultimate cost was the sacrifice of the interests of the people of the People's Republic of China and the HKSAR.

"Anyone who vilify the rule of law and human rights situation in the HKSAR using this case is fact-twisting and has no integrity at all. We have to emphasise that the HKNSL and the SNSO clearly stipulate that human rights shall be respected and protected in safeguarding national security. The rights and freedoms, including the freedoms of the press, of speech and of publication, enjoyed by Hong Kong people under the Basic Law and the provisions of the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights as applied to the HKSAR, are protected in accordance with the law. However, like all other places in the world, journalists, like everyone else, have an obligation to abide by all the laws. According to the principles established by Article 19 of the ICCPR, the European Convention on Human Rights and relevant jurisprudence, when the media and journalists publish opinions, information and articles, they must observe and discharge 'special duties and responsibilities', including the protection of national security and public order; journalists must, in accordance with the tenets of 'responsible journalism', act in good faith on an accurate factual basis and provide reliable and precise information, so as to be entitled to the protection of freedom of speech and press freedom."

The spokesman reiterated, "The HKSAR Government will continue to resolutely, fully and faithfully implement the HKNSL, the SNSO and other relevant laws safeguarding national security in the HKSAR, to effectively prevent, suppress and impose punishment for acts and activities endangering national security in accordance with the law, whilst upholding the rights and freedoms of Hong Kong residents in accordance with the law, so as to ensure the steadfast and successful implementation of the principle of 'one country, two systems'. The HKSAR Government urges the relevant so-called human rights experts to understand the facts clearly and stop making any unfounded criticisms."

Source: AI-found images