7 Sept 1999
HKSAR v. MA KWOK HUNG
- Citation
- HKSAR v. MA KWOK HUNG
- Court
- Court of First Instance
- Case number
- HCMA1208/1998
The court held that a forged trade mark that manifests when a pirated CD ROM is used on an adapted console is a forged trade mark "applied" to the discs within s.9(2); the appellant failed to discharge the statutory defence because he did not take reasonable steps (such as test-running samples) when offered branded games without visible marks; however the conviction in the second case was quashed because the appellant was denied a fair trial through lack of effective counsel/time to prepare and the magistrate's conduct; the first-case conviction stands but the sentence is substituted to one y…
- Possession for sale of goods with forged trade mark
- Application of forged trade mark to digital media
- Statutory defence of lack of knowledge
- Right to counsel and adjournment
- Quashing conviction
- Sentence substitution