Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Statutory defences under s118
  • 11 Jan 2005

    HKSAR v. LI CHEUNG

    Citation
    HKSAR v. LI CHEUNG
    Court
    Court of Appeal
    Case number
    CACC375/2004

    Charging the applicant under both s118 and s125 was not duplicitous because s125 provides an alternative mode of proving the same s118 wrongdoing by a director; the omission of particulars specifying director capacity and consent/connivance was a technical defect that caused no prejudice; evidence including licence status, admitted facts, management role and absence of explanation justified irresistible inferences that the applicant possessed the infringing items and knew of the use of production lines to make infringing copies; therefore convictions under Charges 1, 3 and 4 (s118 provisions)…