香港特別行政區 訴 高美怡輝(香港)有限公司

香港特別行政區 訴 高美怡輝(香港)有限公司

The model number DM228R served as the dispositive identifying characteristic; combined with customs export declarations, invoices, delivery orders, the director's admissions and a matching factory/serial marking, the prosecution proved beyond reasonable doubt that P.3 was one of the 200 units imported and sold by...

Source-derived case information.

Citation
[2019] HKCFI 1246
Parties
Appellant: 高美怡輝(香港)有限公司; Respondent: 香港特別行政區
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 May 2019
Case Number
HCMA541/2018
Procedural Posture
Criminal Appeal Against Conviction From Magistrates' Court / Appeal Hearing and Judgment
Outcome
Appeal dismissed; conviction and sentence upheld
Legal Topics
Energy Labelling, Importer Liability, Identification of Goods, Standard of Proof
Source Language
ch
Criminal Law Regulatory Compliance Evidence Commercial Law Energy Labelling Importer Liability Identification of Goods Standard of Proof

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Parties

高美怡輝(香港)有限公司

Appellant

香港特別行政區

Respondent

Procedural Posture

Criminal Appeal Against Conviction From Magistrates' Court / Appeal Hearing and Judgment

  1. 1 Whether the seized dehumidifier (P.3) was one of the 200 units imported and sold by the appellant
  2. 2 Whether the prosecution proved identity of the product beyond reasonable doubt
  3. 3 Whether branding/label discrepancies (eg "By Cristal Italy") undermined identity evidence

Ratio Decidendi

The model number DM228R served as the dispositive identifying characteristic; combined with customs export declarations, invoices, delivery orders, the director's admissions and a matching factory/serial marking, the prosecution proved beyond reasonable doubt that P.3 was one of the 200 units imported and sold by the appellant, therefore the conviction was upheld.

Court Disposition

Appeal dismissed; conviction and sentence upheld

Orders

  • Appeal dismissed
  • Conviction and fine of HK$15000 affirmed