HKSAR v. LEE KONG

HKSAR v. LEE KONG

Although copyright offences are generally met with immediate custodial sentences to achieve deterrence, the judge found the appellant's exceptional circumstances (first offender, clear record, recent return from abroad, remorse and employment) made a Community Service Order a potentially appropriate alternative and ordered a Community Service Report before imposing sentence while extending bail.

Citation
HKSAR v. LEE KONG
Parties
Respondent: HKSAR; Appellant: LEE KONG
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 April 1999
Case Number
HCMA27/1999
Procedural Posture
Magistracy Appeal (court of First Instance Appellate Jurisdiction) / Appeal Hearing and Decision (22 April 1999)
Outcome
Appeal adjourned for consideration of Community Service Report; bail extended pending report and resumption of hearing.
Legal Topics
Community Service Order, Custodial Sentence, Deterrence, Sentencing for Intellectual Property Offences
Source Language
EN
Copyright Criminal Law Sentencing Community Service Order Custodial Sentence Deterrence Sentencing for Intellectual Property Offences

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Parties

HKSAR

Respondent

LEE KONG

Appellant

Procedural Posture

Magistracy Appeal (court of First Instance Appellate Jurisdiction) / Appeal Hearing and Decision (22 April 1999)

Legal Issues

  1. 1 Whether a Community Service Order is an appropriate alternative to immediate custodial sentence for offering for sale infringing copies of copyright works
  2. 2 Whether immediate imprisonment is required as a deterrent given legislative and judicial treatment of copyright offences
  3. 3 How the appellant's personal circumstances (first offender, clear record, employment history, remorse) affect sentencing

Ratio Decidendi

Although copyright offences are generally met with immediate custodial sentences to achieve deterrence, the judge found the appellant's exceptional circumstances (first offender, clear record, recent return from abroad, remorse and employment) made a Community Service Order a potentially appropriate alternative and ordered a Community Service Report before imposing sentence while extending bail.

Court Disposition

Appeal adjourned for consideration of Community Service Report; bail extended pending report and resumption of hearing.

Orders

  • Order a Community Service Report on the Appellant to be submitted to the Court by 5 May 1999
  • Extend the bail of the Appellant on similar terms until the return of the Community Service Report and until resumption of the hearing of the appeal