HKSAR v. CHUI CHI SHING

HKSAR v. CHUI CHI SHING

The magistrate was entitled to disbelieve the appellant on the basis of the evidence and deliberate lies; combined with physical possession of cartons later found to contain infringing CDs, the only reasonable inference was that the appellant knew the contents and that they were infringing; absence of independent...

Source-derived case information.

Citation
HKSAR v. CHUI CHI SHING
Parties
Respondent: HKSAR; Appellant: CHUI CHI SHING
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 May 2001
Case Number
HCMA25/2001
Procedural Posture
Criminal Appeal (magistracy Appeal) / Judgment on Appeal Against Conviction
Outcome
Appeal dismissed; conviction upheld
Legal Topics
Possession for Purpose of Trade, Copyright Infringement, Credibility Assessment, Use of Lies as Evidence, Judicial Intervention in Questioning, Accomplice Corroboration
Source Language
en
Criminal Law Intellectual Property Law Evidence and Procedure Possession for Purpose of Trade Copyright Infringement Credibility Assessment Use of Lies as Evidence Judicial Intervention in Questioning +1 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 5 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

HKSAR

Respondent

CHUI CHI SHING

Appellant

Procedural Posture

Criminal Appeal (magistracy Appeal) / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the magistrate's disbelief of the appellant was speculative or supported by evidence
  2. 2 Whether the magistrate had a duty to further question the represented accused to test credibility
  3. 3 Whether lies found by the magistrate could alone or in combination with possession support an inference of knowledge

Ratio Decidendi

The magistrate was entitled to disbelieve the appellant on the basis of the evidence and deliberate lies; combined with physical possession of cartons later found to contain infringing CDs, the only reasonable inference was that the appellant knew the contents and that they were infringing; absence of independent corroboration did not preclude reliance on lies in the circumstances; appeal dismissed.

Court Disposition

Appeal dismissed; conviction upheld

Orders

  • Appeal dismissed
  • Conviction of appellant upheld