Hong Kong Case Law

19 Apr 2022

香港特別行政區 訴 梁伊媛

Citation

[2022] HKCFI 1083

Court

Court of First Instance

Case number

HCMA290/2020

The court held the circumstantial and environmental evidence established the appellant's control/possession of the 374 counterfeit items and the appellant failed to adduce sufficient evidence to engage the s26AAB defence (did not prove she did not know, had no reason to suspect, and that reasonable efforts could not have discovered the counterfeit nature). The alleged conflict or incompetence of trial counsel did not amount to a real risk of unfairness. Accordingly convictions on both counts and the sentences were safe and were affirmed.

• Sale and possession of goods bearing counterfeit trademarks
• Statutory defences under trade descriptions ordinance ss26 and 26aab
• Evidential vs persuasive burden
• Definition of possession/control
• Allegation of conflict of interest / ineffective assistance of counsel