Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Section 121 affidavit

Legal area

Court

16 Jul 2007

FEDERATION INTERNATIONALE DE FOOTBALL ASSOCIATION AND ANOTHER v. THE EATERY LTD

Citation

FEDERATION INTERNATIONALE DE FOOTBALL ASSOCIATION AND ANOTHER v. THE EATERY LTD
Court

Court of First Instance
Case number

HCA1532/2006

Section 112 must be read broadly to place an exclusive licensee in the same procedural position as the copyright owner so an exclusive licensee may rely on a s.121 affidavit; here the plaintiffs' s.121 affidavit (David Murray) constituted sufficient pleading and prima facie evidence of ownership and chain of licences against a bare denial; particulars and unredacted production requested were irrelevant given the pleaded case and permitted redaction stands; the defendant's appeals are dismissed with costs.
19 Aug 2004

HKSAR v. CHAN TAK TIM

Citation

HKSAR v. CHAN TAK TIM
Court

Court of Appeal
Case number

CACC7/2004

The court refused leave to appeal: the s121 affirmation was sufficiently compliant (corporate authors and domicile descriptions were acceptable and the exhibited discs satisfied s121(15) as object code can be embedded in discs); any limited non‑compliance would only affect the non‑compliant part; the prosecution proved subsistence of copyright and ownership; overwhelming circumstantial evidence supported the convictions, which are not unsafe.