14 Nov 2008
HKSAR v. CHEN MEI LING AND ANOTHER
- Citation
- HKSAR v. CHEN MEI LING AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCMA329/2008
The court held the section 121 affidavit, despite form defects, was admissible and sufficient combined with oral evidence to prove ownership and subsistence of copyright; absence of licences was proved by witness evidence and, where applicable, by the application of s17A or by being the only reasonable inference from secure record-keeping systems; both appellants failed to discharge the statutory defence under s118(3)/(6)/(7) because they did not make reasonable enquiries (and Mainland certificates were unreliable or not genuine); appeals against conviction were dismissed and custodial senten…
- Statutory defence under s118
- Section 121 affidavit admissibility
- Proof of absence of licences (s17a evidence ordinance)
- Possession for sale of infringing copies
- Use of foreign mainland certificates