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HCMA001344/1989
IN THE SUPREME COURT OF HONG KONG
(Appellate Jurisdiction)
MAGISTRACY APPEAL NO. 1344 OF 1989
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BETWEEN
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The Queen
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Respondent |
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AND
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Fandasy Co. Limited
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Appellant |
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Coram: Hon. Ryan J. in Court
Date of hearing: 28 February 1990
Date of judgment: 28 February 1990
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JUDGMENT
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1. The appellant was convicted after trial before C.B. Chan on three summons of selling a pharmaceutical product which had not been registered. The appellant now appeals against conviction and sentence.
2. The Magistrate imposed the maximum fine of $2,500 in respect of each charge.
3. The defence at trial was that the product Foltene did not come within the definition of a pharmaceutical product. In a very full and reasoned Statement of Findings the Magistrate found that it did. I can find no reason to disagree with this finding and the appeal against conviction is dismissed.
4. The appellant firm had a clear record and the facts showed a history of attempts through various government departments to get the product registered. It is true that the company sold the product before the processes were completed but I do consider the imposition of the maximum fine on each of the three summonses to be excessive - two of the sales were in fact on the same day.
5. I allow the appeal against sentence to the extent that the fines are reduced to $1,000 on each summons.
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(T.J. Ryan)
Judge of the High Court
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Representation:
Mr P. O'Brien, S.C.C., for Crown
Appellant, Mr Lam Shiu-sum, Eugene, authorised representative of Fandasy Co. Ltd., present in Court
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