7 Nov 2002
HKSAR v. TSE MUI CHUN
- Citation
- HKSAR v. TSE MUI CHUN
- Court
- Court of Appeal
- Case number
- CACC557/2001
The court held that the deputy judge correctly applied s121: properly constituted affirmations raise a presumption of copyright ownership which is not nullified by the deponent giving oral evidence; oral testimony may supplement but does not displace the s121 affidavit; the defence had opportunity to cross-examine but failed to rebut the presumption; the prosecution proved absence of licence by credible witness testimony and technical evidence, and accordingly the convictions are affirmed and leave to appeal dismissed.