Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Possession for purpose of trade or business

  • 30 Aug 2007

    HKSAR v. FONG CHUN KEUNG

    Citation
    HKSAR v. FONG CHUN KEUNG
    Court
    Court of First Instance
    Case number
    HCMA136/2007

    The magistrate did not err in principle and the five month immediate custodial sentence was not manifestly excessive; the appellant failed to satisfy the criteria for a community service order (no frankness, no genuine remorse, convicted after trial, proprietor engaged in infringement), therefore community service was inappropriate and the appeal against sentence is dismissed.

    • Possession for purpose of trade or business
    • Sentencing principles
    • Community service order suitability
    • Copyright infringement

  • 8 Oct 1998

    HKSAR v. WU CHUNG YIN

    Citation
    HKSAR v. WU CHUNG YIN
    Court
    Court of First Instance
    Case number
    HCMA846/1998

    The magistrate did not err in selecting a nine month starting point because he properly considered the need for deterrence, the quantity and value of the infringing goods (in excess of 600 discs valued at HK$19,050), and the appellant's role as proprietor; accordingly the sentence was not excessive and the appeal is dismissed.

    • Sentencing
    • Deterrence
    • Possession for purpose of trade or business
    • Possession for sale of goods with forged trade mark
    • Quantification of infringing goods
    • Starting point for sentence

  • 17 Apr 1997

    R. v. TSOI CHI KIN and Another

    Citation
    R. v. TSOI CHI KIN and Another
    Court
    Court of Appeal
    Case number
    CACC42/1997

    The Court reduced each prison term to six months because the trial judge had relied on unestablished valuation figures which improperly inflated the starting points and there was no proper basis to treat the 2nd applicant more severely than the 1st; sentences were adjusted to reflect proper mitigation and parity.

    • Sentencing
    • Copyright infringement
    • Possession for purpose of trade or business
    • Entrapment
    • Evidential basis for valuation