Hong Kong Case Law

17 May 2004

HKSAR v. GUO XIN ZHI AND ANOTHER

Citation

HKSAR v. GUO XIN ZHI AND ANOTHER

Court

Court of First Instance

Case number

HCMA117/2004

Section 24A of the Trade Descriptions Ordinance does not create a presumption of fact; it merely permits evidence that goods were imported from a place to be treated as prima facie evidence that they were manufactured there. A magistrate may not impose on defendants a statutory burden to rebut that evidence on the balance of probabilities; the prosecution retains the burden to prove guilt beyond reasonable doubt. The magistrate's possible misdirection on this point was material and required quashing of the convictions.

• Presumption of fact
• Prima facie evidence
• Burden of proof
• Importation of goods
• False trade descriptions

29 Jun 2001

HKSAR v. TONG SIN MAN, ELLY

Citation

HKSAR v. TONG SIN MAN, ELLY

Court

Court of First Instance

Case number

HCMA918/2000

The appeal is dismissed because the trial magistrate provided adequate reasons for disbelieving the appellant and his credibility findings were open to a reasonable tribunal; the statutory defences were not established on the evidence and the magistrate did not apply an unduly high standard for due diligence.

• False trade mark
• Importation of goods
• Strict liability offence
• Statutory defences (due diligence and notice)
• Appellate review of credibility

POLYDOR LTD AND OTHERS v. HONG KONG RECORDS (A FIRM)

Citation

POLYDOR LTD AND OTHERS v. HONG KONG RECORDS (A FIRM)

Court

Court of First Instance

Case number

HCA2601/1976

There was a serious question to be tried on ownership and exclusivity (including contract interpretation under foreign law) and on whether importation from foreign licensees infringed the plaintiffs' rights; on the balance of convenience preservation of the pre-existing status quo and prevention of harm to the plaintiffs' established sales and goodwill outweighed the defendant's limited and quantifiable prejudice, therefore an interim injunction was justified, subject to limited allowance to complete pre-existing orders.

• Interim injunction
• Exclusive licence
• Importation of goods
• Mail-order sales
• Foreign law/jurisdictional issues