14 May 2020
香港特別行政區 訴 曾中敏及另一人
- Citation
- [2020] HKCFI 496
- Court
- Court of First Instance
- Case number
- HCMA316/2019
The appellants failed to discharge the evidential burden under s.26AAB Cap.362 because objectively reasonable steps to verify authenticity (including simple email/Facebook enquiry to the rights‑holder) were available and not taken; the statutory defences in the Ordinance govern and displace an inconsistent common law defence in the circumstances; trial credibility findings were entitled to deference; convictions and fines were therefore upheld.