First Peer-to-Peer infringer arrested in Hong Kong

Date: 12/01/2005

Hong Kong Customs took the first-ever enforcement action yesterday (12 January) against copyright piracy relating to peer-to-peer (P2P) file sharing activities. The action was a result of follow-up investigation into the finds of the P2P Task Force set up between the Department and the film industry.

An unemployed Chinese man, aged 38, was arrested yesterday (January 12) on suspicion of illegal distribution of copyright movies on the Internet through Bit Torrent (BT).

Hosting a press conference today (January 13), the Assistant Commissioner (Intelligence and Investigation), Mr William Chow, said that the enforcement signified the unwavering resolve of the Department in tracking down copyright infringing activities over P2P networks in the local environment by making use of their expertise and the latest technology to monitor round-the-clock.

Between January 10 and 11, Customs officers successfully located a person who had uploaded three movies of different titles to a local BT discussion forum for sharing by other peer-to-peer network users on the Internet.

Shortly before 8am yesterday (January 12), Customs officers executed a court warrant and searched a residential unit in Tuen Mun to investigate into this suspected case of illegal distribution of copyright movies.

On the premises, Customs officers seized two computers, some computer related equipment and a batch of movie VCDs, and arrested a 38-year-old man.

Initial Customs investigations showed that the arrested person had uploaded the movies for sharing with other peers.

Investigations are continuing. The Motion Picture Association has confirmed that the three movies in question were productions of its member companies, and the act of file-sharing had infringed their copyright in the movies.

The joint P2P Task Force set up on December 16 last year will continue to closely monitor the P2P networks, and will take immediate action to follow up on any suspected cases.

Under the Copyright Ordinance, it is an offence for a person to distribute infringing copies of copyright works otherwise than for the purpose of, in the course of, any trade or business to such an extent as to affect prejudicially the owner of the copyright, without the licence of the copyright owner. The maximum penalty is a fine of $50,000 per infringing copy and four year' imprisonment.

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