26 Sept 2008
HKSAR v. YIU CHUN CHU AND ANOTHER
- Citation
- HKSAR v. YIU CHUN CHU AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCMA1192/2007
The Court upheld the learned Magistrate's credibility findings and conclusion that the exhibited walkie‑talkies were infringing copies; held that the provisions of s35(4) operate as exceptions/negative averments for the purposes of the criminal offence and the burden to prove those exceptions rests on the defence; found the appellants failed to establish the statutory defence under s118(6)/(3); dismissed the appeal against conviction; allowed appeals against sentence in part by substituting fines (1st appellant HK$30,000 in lieu of 9 months imprisonment; 2nd appellant HK$40,000 in lieu of the…