(Enacted 1996)
Section: 6 Application for detention order 30/06/1997
(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)
Section: 7 Application for directions 30/06/1997
(1) An application under section 15(4) of the Ordinance for directions in carrying out a detention order may be made by summons.
(2) The Commissioner shall serve a copy of the summons on the right holder not less than 2 days before the day fixed for the hearing of the application.
(Enacted 1996)
Section: 8 Application to extend period of detention 30/06/1997
(1) An application under section 15(7) of the Ordinance to extend the period referred to in section 15(6) of the Ordinance may be made by summons.
(2) A right holder who makes an application under section 15(7) of the Ordinance shall, not less than 2 days before the day fixed for the hearing of the application, serve a copy of the summons on-
(a) the Commissioner; (b) the importer; and (c) any other person to whom notice of the seizure or detention is required to be given by the terms of the
detention order. (Enacted 1996)
Section: 9 Application to vary or set aside detention order 30/06/1997
An application under section 16(1) or (2) of the Ordinance to vary or set aside a detention order may be made by summons.
Cap 4F - COPYRIGHT (BORDER MEASURES) RULES 2