香港特別行政區 訴 許志銘

香港特別行政區 訴 許志銘

The appellate court upheld the magistrate's credibility findings and factual inferences that the appellant was the Carousell seller/manager or was fully aware of the sale, that objective factors (HK$1,200 price, lack of packaging, absence of corroboration for the claimed third party) gave the appellant reasonable...

Source-derived case information.

Citation
[2025] HKCFI 6334
Parties
Respondent: 香港特別行政區; Appellant: 許志銘
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 December 2025
Case Number
HCMA1/2025
Procedural Posture
Criminal Conviction Appeal / High Court (court of First Instance) Appellate Rehearing From Magistrates' Court Conviction
Outcome
Appeal dismissed; conviction and sentence upheld
Legal Topics
Sale of Goods Bearing Counterfeit Trademarks, Statutory Defence Under Trade Descriptions Ordinance S.26 AAB, Evidential Burden and Onus, Reasonable Steps to Ascertain Authenticity, Credibility Findings and Appellate Review
Source Language
ch
Criminal Law Intellectual Property Evidence Law Sale of Goods Bearing Counterfeit Trademarks Statutory Defence Under Trade Descriptions Ordinance S.26 AAB Evidential Burden and Onus Reasonable Steps to Ascertain Authenticity Credibility Findings and Appellate Review

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Parties

香港特別行政區

Respondent

許志銘

Appellant

Procedural Posture

Criminal Conviction Appeal / High Court (court of First Instance) Appellate Rehearing From Magistrates' Court Conviction

  1. 1 Whether the appellant had knowledge of or reasonable grounds to suspect that the watch bore a counterfeit Rolex trademark (TDO s.9(2))
  2. 2 Whether the appellant discharged the evidential burden to rely on the statutory defence in s.26AAB(a) (lack of knowledge, lack of reasonable suspicion, and inability to determine despite reasonable efforts)
  3. 3 Whether the magistrate erred in credibility findings and whether the conviction is safe under appellate re-hearing standard

Ratio Decidendi

The appellate court upheld the magistrate's credibility findings and factual inferences that the appellant was the Carousell seller/manager or was fully aware of the sale, that objective factors (HK$1,200 price, lack of packaging, absence of corroboration for the claimed third party) gave the appellant reasonable grounds to suspect the watch was counterfeit, and that the appellant failed to adduce sufficient evidence under s.26AAB(a)(i)-(iii), including that reasonable efforts could not have established authenticity; accordingly the conviction was safe and the appeal was dismissed.

Court Disposition

Appeal dismissed; conviction and sentence upheld

Orders

  • Appeal dismissed
  • Conviction for selling goods bearing a counterfeit trademark upheld