3 Mar 2006
HKSAR v. CHAN KWAI TONG
- Citation
- HKSAR v. CHAN KWAI TONG
- Court
- Court of First Instance
- Case number
- HCMA993/2005
The court held that, applying s35 and the 18‑month publication rule, the 60 DVDs of the film 'Hero' imported on 7 Oct 2004 were not infringing copies because more than 18 months had elapsed since first publication in Hong Kong; the conviction in respect of those DVDs was therefore unsafe and was quashed. The two VCDs remained properly convicted. The original one‑month custodial sentence was excessive and was quashed and replaced by a fine of HK$1,000 to be taken from bail money.