HKSAR v. WONG CHI CHOI

HKSAR v. WONG CHI CHOI

The learned Magistrate correctly found on the evidence and law that the seized DVDs were infringing and that the transit defence did not apply; given commission of the second offence while on bail and prior similar convictions the immediate custodial sentence of 13 months was not manifestly excessive, so both conviction and sentence stand.

Citation
HKSAR v. WONG CHI CHOI
Parties
Respondent: Respondent
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 October 2005
Case Number
HCMA628/2005
Procedural Posture
Criminal Copyright Infringement / Appeal Against Conviction and Sentence
Outcome
Appeal dismissed in respect of both conviction and sentence.
Legal Topics
Importing Infringing Copies, Transit Defence Under Copyright Ordinance, Sentencing, Appeal Against Conviction
Source Language
EN
Copyright Criminal Law Border Control Importing Infringing Copies Transit Defence Under Copyright Ordinance Sentencing Appeal Against Conviction

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Parties

Respondent

Respondent

Procedural Posture

Criminal Copyright Infringement / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the DVDs seized were infringing copies
  2. 2 Whether the defence of 'article in transit' under section 118(2) and section 198 applied
  3. 3 Sufficiency of prosecution evidence and expert testimony

Ratio Decidendi

The learned Magistrate correctly found on the evidence and law that the seized DVDs were infringing and that the transit defence did not apply; given commission of the second offence while on bail and prior similar convictions the immediate custodial sentence of 13 months was not manifestly excessive, so both conviction and sentence stand.

Court Disposition

Appeal dismissed in respect of both conviction and sentence.

Orders

  • Appeal against conviction dismissed
  • Appeal against sentence dismissed