30 Aug 1999
HKSAR v. CHUI KWOK KEUNG AND ANOTHER
- Citation
- HKSAR v. CHUI KWOK KEUNG AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACC13/1999
The court held that the prosecution proved the three statutory elements (infringing copies, possession, possession for trade/business) beyond reasonable doubt and that the trial judge permissibly inferred the applicant knew the items were VCDs/CDs and had custody or control from circumstantial evidence (visibility of stacks, keys, rucksack contents, repeated visits); accordingly the burden shifted to the applicant to prove lack of knowledge on the balance of probabilities, which he failed to do, and the single combined charge was not duplicious given temporal and spatial proximity; leave to a…