HKSAR v. KUNG CHUN TING

HKSAR v. KUNG CHUN TING

Charge 2: Magistrate's credibility findings, corroboration between witnesses, presence of the appellant's fingerprints on DVD covers in Room 1, and his access to the premises justified the irresistible inference of joint possession; conviction affirmed. Charge 1: No direct evidence linking the appellant to the...

Source-derived case information.

Citation
HKSAR v. KUNG CHUN TING
Parties
Appellant: Appellant; Prosecution: Respondent; Co Defendant: 1st Defendant; Co Defendant: 3rd Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 March 2004
Case Number
HCMA13/2004
Procedural Posture
Criminal Appeal Against Conviction / Judgment on Appeal
Outcome
Appeal allowed in part; conviction quashed on charge 1; conviction on charge 2 upheld.
Legal Topics
Possession for Purpose of Trade of Infringing Copies, Joint Possession, Sufficiency of Evidence, Drawing Inferences From Fingerprints and Circumstance, Credibility Findings and Corroboration, Appeal Against Conviction
Source Language
en
Copyright Law Criminal Law Evidence Law Possession for Purpose of Trade of Infringing Copies Joint Possession Sufficiency of Evidence Drawing Inferences From Fingerprints and Circumstance Credibility Findings and Corroboration +1 more

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Parties

Appellant

Appellant

Respondent

Prosecution

1st Defendant

Co Defendant

3rd Defendant

Co Defendant

Procedural Posture

Criminal Appeal Against Conviction / Judgment on Appeal

Legal Issues

  1. 1 Whether the evidence was sufficient to prove joint possession of infringing DVDs found in Room 1 (charge 2)
  2. 2 Whether the evidence was sufficient to prove possession of infringing copies found in the 1st Defendant's rucksack (charge 1)
  3. 3 Whether the magistrate properly assessed witness credibility and resolved discrepancies

Ratio Decidendi

Charge 2: Magistrate's credibility findings, corroboration between witnesses, presence of the appellant's fingerprints on DVD covers in Room 1, and his access to the premises justified the irresistible inference of joint possession; conviction affirmed. Charge 1: No direct evidence linking the appellant to the infringing copies in the 1st Defendant's rucksack (no fingerprints, plausible alternative inference that the 1st Defendant brought them); conviction quashed for insufficient evidence.

Court Disposition

Appeal allowed in part; conviction quashed on charge 1; conviction on charge 2 upheld.

Orders

  • Conviction quashed on charge 1.
  • Appeal dismissed in relation to charge 2; conviction on charge 2 remains.