HKSAR v. TONG KA CHEUNG

HCMA 215/2002

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 215 OF 2002

(ON APPEAL FROM TWCC 2857/2001)

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J U D G M E N T

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1. This Appellant was convicted in the Magistracy on two counts of Possession for the purpose of trade or business of infringing copies of copyright works with a view to committing any act infringing the copyright without the licence of the copyright owner.

2. He was represented at trial, which turned on the question of whether or not the chain relating to the exhibits was complete and whether or not the compact disc ROMs were infringing goods. The Appellant did not give evidence at trial. Today the Appellant appeared to rely on the ground, in the Notice of Appeal, that the Magistrate erred in convicting the Appellant in that there was insufficient evidence that any of the compact disc ROMs were infringing copies of copyright works.

3. It is quite clear from the Statement of Findings that the Magistrate was fully aware that was the issue and he dealt with the matter properly. The Appellant admitted that he was the owner of the shop at the scene and later confirmed that in a record of interview which was not challenged at trial and on which the Magistrate found he could rely. There was ample evidence of infringement of copyright.

4. There have been no grounds put before me as to why the conviction should be interfered with and the appeal against conviction is dismissed.