Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Textile export control

Legal area

Court

2 Jul 1984

ATTORNEY GENERAL v. MARVELS CLOTHING CO LTD

Citation

ATTORNEY GENERAL v. MARVELS CLOTHING CO LTD
Court

Court of Appeal
Case number

CAAR7/1984

Administrative sanctions by the Director of Trade do not displace the courts' duty to impose appropriate criminal penalties; the court will adopt a consistent guideline (recommended starting point 40% of the value of the goods, adjusted for guilty plea and other circumstances) and must ensure penalties prevent any net profit from the offence; applying these principles the court increased each defendant's total fine to HK$80,000 (HK$16,000 per summons).
2 Jul 1984

ATTORNEY GENERAL v. MARVELS CLOTHING CO LTD

Citation

ATTORNEY GENERAL v. MARVELS CLOTHING CO LTD
Court

Court of Appeal
Case number

CAAR8/1984

Court held that fines of $80,000 total for each defendant ($16,000 per summons) were appropriate; established a guideline that fines may be set at about 40% of the value of the goods (subject to case circumstances); courts must not reduce criminal penalties merely because administrative quota penalties will be applied; fines must not leave defendant with a net profit on the transaction.