Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Origin of goods

Legal area

Court

8 Jul 1998

HKSAR v. R & M Fashion Factory Ltd. and Another

Citation

HKSAR v. R & M Fashion Factory Ltd. and Another
Court

Court of First Instance
Case number

HCMA140/1998

Appeals allowed because the prosecution failed to identify the garments made by Ocean Fashion as the goods in the export consignment beyond reasonable doubt; material uncertainties about fabric composition and the Magistrate's failure to consider seized business records left a reasonable doubt, rendering the convictions unsafe.
6 Nov 1996

RICE GARMENT (INTERNATIONAL) LTD. t/a GARMENT SUPREME HONG KONG v. R.

Citation

RICE GARMENT (INTERNATIONAL) LTD. t/a GARMENT SUPREME HONG KONG v. R.
Court

Court of First Instance
Case number

HCMA880/1996

The magistrate did not err: having adopted a justified starting point for the fine and considered the respective roles, he correctly apportioned blame and reduced duplication of penalty by assigning greater culpability to the appellant (who organised the scheme and would reap profits) and lesser culpability to Miss Li (a conduit); the fine of $488,000 and costs of $5,000 are not so excessive as to warrant interference.