Hong Kong Case Law: Decisions & Judgments

Topic

Statutory defence of lack of knowledge

Legal area

Court

26 Jan 2007

HKSAR v. KWOK CHU HO AND OTHERS

Citation

HKSAR v. KWOK CHU HO AND OTHERS
Court

Court of First Instance
Case number

HCMA1020/2006

The court held the offence is one of strict liability requiring proof only of acts immediately connected with export and intention to perform those acts, not knowledge that cargo was unmanifested; the magistrate properly afforded little weight to exculpatory parts of mixed statements when appellants did not testify and the 2nd and 3rd appellants failed to establish the statutory defence of lack of knowledge; convictions and 15‑month sentences were therefore affirmed.
7 Sept 1999

HKSAR v. MA KWOK HUNG

Citation

HKSAR v. MA KWOK HUNG
Court

Court of First Instance
Case number

HCMA1208/1998

The court held that a forged trade mark that manifests when a pirated CD ROM is used on an adapted console is a forged trade mark "applied" to the discs within s.9(2); the appellant failed to discharge the statutory defence because he did not take reasonable steps (such as test-running samples) when offered branded games without visible marks; however the conviction in the second case was quashed because the appellant was denied a fair trial through lack of effective counsel/time to prepare and the magistrate's conduct; the first-case conviction stands but the sentence is substituted to one y…
7 Sept 1999

HKSAR v. MA KWOK HUNG

Citation

HKSAR v. MA KWOK HUNG
Court

Court of First Instance
Case number

HCMA369/1999

The court held that a forged trade mark that becomes apparent when pirated CD ROMs are used on adapted consoles is properly treated as having been "applied" to the discs under s9(2) of the Trade Descriptions Ordinance; the appellant failed to show he took reasonable enquiries to negate knowledge and therefore the conviction in the first case was upheld; however the conviction in the second case was quashed because the refusal to adjourn and the effective denial of counsel of choice and preparation time rendered that trial unfair and the conviction unsafe; the first-case sentence was set aside…
26 Jun 1996

THE QUEEN v. MEGABYTE MAGNETIC INDUSTRIAL CO LTD. AND ANOTHER

Citation

THE QUEEN v. MEGABYTE MAGNETIC INDUSTRIAL CO LTD. AND ANOTHER
Court

Court of First Instance
Case number

HCMA216/1996

On the facts the appellants made the enquiries that the law required under s5(1): they sought documentary licence confirmation from the Belgian principal, received letters purporting to licence copying and accept responsibility, and obtained acceptance by a Shenzhen producer that appeared reputable; in absence of circumstances that should have made them wary, those enquiries and the documentation sufficed to show on the balance of probabilities that they did not know and had no reason to believe the copies infringed copyright, therefore the statutory defence succeeded and convictions must be…

Hong Kong Case Law

HKSAR v. KWOK CHU HO AND OTHERS

HKSAR v. MA KWOK HUNG

HKSAR v. MA KWOK HUNG

THE QUEEN v. MEGABYTE MAGNETIC INDUSTRIAL CO LTD. AND ANOTHER