HKSAR v. LI SIU HING

HKSAR v. LI SIU HING

The appeal is allowed because the magistrate failed to address the essential issues of possession and knowledge and improperly relied on an inference from a business registration dated after the raid; that inference was not the only reasonable conclusion, rendering the convictions unsafe and the sentences set aside.

Source-derived case information.

Citation
HKSAR v. LI SIU HING
Parties
Respondent: HKSAR; Appellant: LI SIU HING
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 March 1999
Case Number
HCMA269/1999
Procedural Posture
Magistracy Appeal (criminal) / Appeal to High Court (court of First Instance)
Outcome
Appeal allowed; convictions unsafe and sentences set aside
Legal Topics
Possession for Purpose of Trade, Knowledge of Infringement, Sufficiency of Evidence, Appellate Review of Convictions
Source Language
en
Criminal Law Intellectual Property Copyright Law Possession for Purpose of Trade Knowledge of Infringement Sufficiency of Evidence Appellate Review of Convictions

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 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

HKSAR

Respondent

LI SIU HING

Appellant

Procedural Posture

Magistracy Appeal (criminal) / Appeal to High Court (court of First Instance)

Legal Issues

  1. 1 Whether there was evidence that the appellant was in possession of the infringing articles at the time of the raid
  2. 2 Whether the appellant had knowledge that the articles were infringing on the date of the raid
  3. 3 Whether the magistrate's inference from a business registration dated after the raid was a reasonable basis for conviction

Ratio Decidendi

The appeal is allowed because the magistrate failed to address the essential issues of possession and knowledge and improperly relied on an inference from a business registration dated after the raid; that inference was not the only reasonable conclusion, rendering the convictions unsafe and the sentences set aside.

Court Disposition

Appeal allowed; convictions unsafe and sentences set aside

Orders

  • Appeal allowed
  • Sentences set aside