HKSAR v. TONG KA CHEUNG

HKSAR v. TONG KA CHEUNG

The appeal was dismissed because the Magistrate properly evaluated the evidence, relied on an unchallenged record of interview confirming the appellant's ownership and other evidence of infringement, and there were no grounds shown to interfere with the convictions.

Citation
HKSAR v. TONG KA CHEUNG
Parties
Respondent: HKSAR; Appellant (in Person): Tong Ka Cheung
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 July 2002
Case Number
HCMA215/2002
Procedural Posture
Criminal Appeal (magistracy Appeal) / Judgment (appeal Dismissed)
Outcome
Appeal against conviction dismissed; convictions upheld.
Legal Topics
Possession for Purpose of Trade, Infringing Copies, Chain of Custody, Sufficiency of Evidence, Conviction Appeal
Source Language
EN
Criminal Law Intellectual Property Copyright Law Evidence Law Possession for Purpose of Trade Infringing Copies Chain of Custody Sufficiency of Evidence +1 more

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Parties

HKSAR

Respondent

Tong Ka Cheung

Appellant (in Person)

Procedural Posture

Criminal Appeal (magistracy Appeal) / Judgment (appeal Dismissed)

Legal Issues

  1. 1 Whether there was insufficient evidence that the compact disc ROMs were infringing copies of copyright works
  2. 2 Whether the chain of custody for the exhibits was complete and reliable
  3. 3 Whether the Magistrate erred in relying on the record of interview and other evidence to convict

Ratio Decidendi

The appeal was dismissed because the Magistrate properly evaluated the evidence, relied on an unchallenged record of interview confirming the appellant's ownership and other evidence of infringement, and there were no grounds shown to interfere with the convictions.

Court Disposition

Appeal against conviction dismissed; convictions upheld.

Orders

  • Appeal dismissed
  • Convictions affirmed