26 Nov 2010
HKSAR v. LEE TO NEI
- Citation
- HKSAR v. LEE TO NEI
- Court
- Court of First Instance
- Case number
- HCMA403/2010
Given the regulatory and consumer‑protection context of counterfeiting, section 26(4) properly imposes on a trader a persuasive burden to prove on the balance of probabilities that he did not know, had no reason to suspect and could not with reasonable diligence have ascertained the forged trade mark; the appellant, who was a frontline salesman and part‑owner, failed to prove reasonable diligence and accordingly the conviction is upheld; the original six‑month sentence was excessive and reduced to eight weeks imprisonment.