positions of the Respondent and Google LLC are consistent to the effect
that Google LLC has no presence in Hong Kong. The Appellant does not
'
seriously dispute the Respondent s findings that,
(a) Google HK, though a subsidiary of Google LLC, is a different
legal entity from Google LLC; and
(b) The function of Google LLC is to act as operator and
administrator of the services of the internet search engine whereas
Google HK only serves to provide marketing and support of the
Hong Kong businesses.
(c) All the evidence collected and found by the Respondent in the
course of its investigation points to the conclusion that all
operations of Google LLC in relation to the internet search engine
are performed outside of Hong Kong and Google LLC simply has
no presence in Hong Kong.
The above conclusions from the evidence obtained by Google LLC are
simply not contradicted by the Appellant who has produced no contrary
evidence.
*
78.
At the hearing the Appellant simply submitted that the domain of
google.com.hk” is registered by Google (HK) Limited and hence Google
“
HK should have control over the subject data. The Board finds that there
is no merit in the said contention of the Appellant which is not supported
by any evidence. The domain of “google.com.hk” has nothing to do with
the identity of the person who controls the operation of the search engine.
55
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