Hong Kong Regulations

COPYRIGHT (BORDER MEASURES) RULES - SECT 6

Application for detention order

(1) An application for an order under section 14(1) of the Ordinance may be
made by ex parte originating summons.

(2) The ex parte originating summons shall be in Form No. 11 in Appendix A of
the Rules of the Supreme Court ( Cap 4 sub. leg.) and shall include the
address of the right holder in Hong Kong, or the name and address of his
representative in Hong Kong, to which notice shall be directed and for service
of documents.

(3) In addition to the matters required by section 13(3) of the Ordinance, the
affidavit in support of the application must include the following
particulars, to the extent that they are within the right holder's knowledge
or are available to him, namely-

   (a)  the name and address in Hong Kong of the consignor of the articles in
        question, or the name and address of his representative in Hong Kong;

   (b)  the name and address in Hong Kong of the distributor of the articles,
        or the name and address of his representative in Hong Kong;

   (c)  the name of the country of origin or manufacture of the articles; and

   (d)  the name and address of the manufacturer and of his representative in
        Hong Kong, if any.

(4) The affidavit in support of the application must set forth all facts
relied upon in support of the application and must also-

   (a)  state that, to the best of the right holder's information and belief,
        the articles in question are not articles in transit within the
        meaning assigned by section 2 of the Import and Export Ordinance (
        Cap 60);

   (b)  state that, to the best of the right holder's information and belief,
        the articles in question are not being imported by a person for his
        private and domestic use; and

   (c)  exhibit a sample of the articles in question if one is available to
        the right holder.

(5) A right holder who makes an application for an order under section 14(1)
of the Ordinance shall serve a copy of the ex parte originating summons and
the affidavit in support of the application on the Commissioner as soon as
possible before the hearing of the application. (Enacted 1996)