HKSAR v. CHAN WING

HKSAR v. CHAN WING

Appellant did not discharge the statutory burden to prove lack of knowledge or reasonable grounds to believe the goods were infringing because his position in a commercial forwarding operation, receipt of cash from an untraceable supplier and payment of shipping from his account provided sufficient reason to suspect...

Source-derived case information.

Citation
HKSAR v. CHAN WING
Parties
Appellant: Appellant; Respondent: Respondent
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 March 2008
Case Number
HCMA1126/2007
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Statutory Defence, Possession, Attempted Export, Forged Trademark, Burden of Proof, Due Diligence, Credibility
Source Language
en
Intellectual Property Copyright Trade Descriptions Criminal Law Customs Statutory Defence Possession Attempted Export +4 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether appellant discharged statutory defences under Copyright Ordinance s118(3) and Trade Descriptions Ordinance s12(2)(a)
  2. 2 Whether appellant had knowledge or reason to believe goods were infringing or bore forged trademarks
  3. 3 Whether appellant exercised reasonable diligence to discover the true nature of the goods

Ratio Decidendi

Appellant did not discharge the statutory burden to prove lack of knowledge or reasonable grounds to believe the goods were infringing because his position in a commercial forwarding operation, receipt of cash from an untraceable supplier and payment of shipping from his account provided sufficient reason to suspect illegality; therefore convictions stand.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Convictions upheld