Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Section 121 copyright ordinance

Legal area

Court

14 Feb 2003

HKSAR v. TSE MUI CHUN

Citation

HKSAR v. TSE MUI CHUN
Court

Court of Appeal
Case number

CACC557/2001

The Court held that where the statutory conditions of section 121 are fulfilled an affirmation by an authorised representative is admissible and may stand alongside oral evidence; however the issue whether a deponent must have direct personal knowledge (and not rely solely on information from the copyright owner) is a reasonably arguable point of law of great and general importance, and a certificate was therefore granted in a rephrased form for determination by the Court of Final Appeal.
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.