Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Possession for purpose of trade or business

Legal area

Court

30 Aug 2007

HKSAR v. FONG CHUN KEUNG

Citation

HKSAR v. FONG CHUN KEUNG
Court

Court of First Instance
Case number

HCMA136/2007

The magistrate did not err in principle and the five month immediate custodial sentence was not manifestly excessive; the appellant failed to satisfy the criteria for a community service order (no frankness, no genuine remorse, convicted after trial, proprietor engaged in infringement), therefore community service was inappropriate and the appeal against sentence is dismissed.
8 Oct 1998

HKSAR v. WU CHUNG YIN

Citation

HKSAR v. WU CHUNG YIN
Court

Court of First Instance
Case number

HCMA846/1998

The magistrate did not err in selecting a nine month starting point because he properly considered the need for deterrence, the quantity and value of the infringing goods (in excess of 600 discs valued at HK$19,050), and the appellant's role as proprietor; accordingly the sentence was not excessive and the appeal is dismissed.
17 Apr 1997

R. v. TSOI CHI KIN and Another

Citation

R. v. TSOI CHI KIN and Another
Court

Court of Appeal
Case number

CACC42/1997

The Court reduced each prison term to six months because the trial judge had relied on unestablished valuation figures which improperly inflated the starting points and there was no proper basis to treat the 2nd applicant more severely than the 1st; sentences were adjusted to reflect proper mitigation and parity.