香港特別行政區 訴 余婉婷

香港特別行政區 訴 余婉婷

The Court held on rehearing that the magistrate did not err: cumulative objective indicia (ABF signage/leaflets/IG linked to premises and registered phone numbers, payment QR codes and card machines, substantial number of counterfeit branded items, and appellant's caution statements) provided positive reasons to...

Source-derived case information.

Citation
[2025] HKCFI 3883
Parties
Respondent: 香港特別行政區; Appellant: 余婉婷
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 August 2025
Case Number
HCMA159/2024
Procedural Posture
Criminal Appeal Against Refusal of Costs Order / Appeal (re Hearing)
Outcome
Appeal dismissed; refusal of costs by magistrate affirmed
Legal Topics
Possession of Goods With Counterfeit Trademarks, Award of Costs After Acquittal, Admissions in Police Caution, Company Registration and Indicia of Business
Source Language
ch
Criminal Law Intellectual Property Evidence Procedure Costs Possession of Goods With Counterfeit Trademarks Award of Costs After Acquittal Admissions in Police Caution Company Registration and Indicia of Business

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Parties

香港特別行政區

Respondent

余婉婷

Appellant

Procedural Posture

Criminal Appeal Against Refusal of Costs Order / Appeal (re Hearing)

  1. 1 Whether the appellant's conduct constituted positive reasons to refuse costs despite acquittal (self‑suspicion/admits)
  2. 2 Whether the trial judge erred in treating company secretary/registered phone numbers/signage/IG as indicia amounting to self‑suspicion
  3. 3 Whether caution statements were consistent with trial evidence and relevant to costs exercise

Ratio Decidendi

The Court held on rehearing that the magistrate did not err: cumulative objective indicia (ABF signage/leaflets/IG linked to premises and registered phone numbers, payment QR codes and card machines, substantial number of counterfeit branded items, and appellant's caution statements) provided positive reasons to refuse costs despite acquittal; the discretionary decision was reasonable and affirmed.

Court Disposition

Appeal dismissed; refusal of costs by magistrate affirmed

Orders

  • Appeal dismissed
  • Order refusing costs upheld