HKSAR v. HO CHI SHING

HKSAR v. HO CHI SHING

The appeal was dismissed because the magistrate, having seen and heard the witnesses, reasonably preferred the evidence of the Customs officers over the defence witnesses, and her use of rhetorical questions to explain her reasoning did not make her findings unfair; the single reasonable inference from the appellant's conduct and words supported conviction under the Copyright Ordinance.

Citation
HKSAR v. HO CHI SHING
Parties
Respondent: HKSAR; Appellant: HO CHI SHING
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 May 2003
Case Number
HCMA199/2003
Procedural Posture
Criminal Appeal From Magistracy / Appeal Judgment (court of First Instance, Appellate Jurisdiction)
Outcome
Appeal dismissed; convictions and sentences affirmed.
Legal Topics
Possession for Purpose of Trade, Sale of Infringing Copies, Credibility and Weight of Evidence, Magistrate's Findings and Appellate Review, Use of Inferences From Conduct
Source Language
EN
Copyright Criminal Law Evidence Possession for Purpose of Trade Sale of Infringing Copies Credibility and Weight of Evidence Magistrate's Findings and Appellate Review Use of Inferences From Conduct

Case Brief

Summary, issues, holding and outcome

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Parties

HKSAR

Respondent

HO CHI SHING

Appellant

Procedural Posture

Criminal Appeal From Magistracy / Appeal Judgment (court of First Instance, Appellate Jurisdiction)

Legal Issues

  1. 1 Whether the magistrate's adverse credibility findings were safe to uphold on appeal
  2. 2 Whether it was unfair for the magistrate to pose rhetorical questions not put to witnesses
  3. 3 Whether an unchallenged witness statement that appears to repeat the defendant may be disbelieved

Ratio Decidendi

The appeal was dismissed because the magistrate, having seen and heard the witnesses, reasonably preferred the evidence of the Customs officers over the defence witnesses, and her use of rhetorical questions to explain her reasoning did not make her findings unfair; the single reasonable inference from the appellant's conduct and words supported conviction under the Copyright Ordinance.

Court Disposition

Appeal dismissed; convictions and sentences affirmed.

Orders

  • Appeal dismissed.
  • Convictions and concurrent sentences of six months' imprisonment for each offence affirmed.