Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Forgery of trade marks

Legal area

Court

21 Apr 1987

THE QUEEN v. NG WEN CHIEN

Citation

THE QUEEN v. NG WEN CHIEN
Court

Court of First Instance
Case number

HCMA257/1987

Appeal dismissed; immediate custodial sentence was appropriate because the offences were serious given quantity and nature of goods (bags for staple food), the existence of instruments for forging made continuation likely, deterrence was required, and the appellant's asserted financial hardship did not outweigh these factors.
3 Jan 1979

CHOI YING TAK v. THE QUEEN

Citation

CHOI YING TAK v. THE QUEEN
Court

Court of Appeal
Case number

CACC1130/1978

The appeal was allowed and convictions quashed because, on the whole of the evidence, the magistrate's findings were self‑contradictory and unsafe: there was evidence (unchallenged defence evidence) that all non‑CHAN stock derived from the sole agent, meaning the appellant had taken a reasonable precaution by sourcing from the sole agent; the expert's conclusions did not conclusively prove provenance or negate the defence, so the conviction could not be sustained.