21 Mar 2006
HKSAR v. LAI WING HUNG AND OTHERS
- Citation
- HKSAR v. LAI WING HUNG AND OTHERS
- Court
- Court of First Instance
- Case number
- HCMA1111/2005
The convictions were unsafe and were quashed because the magistrate's reversal on review lacked a proper basis: he either misapplied the relevant legal test (confusing trade mark and trade description offences) or, in reality, applied no different test on review from that at acquittal while purporting to reach a contrary factual conclusion; given his original findings that no reasonable shopper would be deceived, the conviction could not safely stand and the sentences were set aside.