19 Dec 2003
TSE MUI CHUN v. HKSAR
- Citation
- TSE MUI CHUN v. HKSAR
- Court
- Court of Final Appeal
- Case number
- FACC4/2003
Section 121 of the Copyright Ordinance may admit affidavits/affirmations containing hearsay and is constitutional because it only creates a rebuttable evidential presumption and permits the deponent to be called for cross-examination; however the affirmations in this case failed to comply with s.121(1)(b) (required particulars of author domicile/residence/right of abode were not properly stated for US-based authors/corporate authors), so the s.121 materials were inadmissible, leaving no admissible evidence of subsisting copyright or ownership and requiring quashing of the convictions and rela…