HKSAR v. TANG BAN KAI

HCMA637/98

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 637 OF 1998

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J U D G M E N T

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1. The Appellant pleaded guilty to a charge of offering for sale 650 music compact discs and 3,692 video compact discs, all of which being infringing copies, commonly known as pirated discs, without the licence of the copyright owner. The offence was committed at Shop Nos. 132 and 135 on the 1st Floor of Sino Centre in Mongkok on 3rd December 1997.

2. It is common ground that the Defendant was an employee of the shop and not the owner, and therefore he was not the owner of the pirated discs. However, he knew at the material time that all these discs were infringing copies. The Defendant, although he did not have a clear record, had no previous convictions of a similar nature. The learned Magistrate sentenced him to 16 months' imprisonment having taken two years as a starting point which was reduced by 1/3rd to take account of his plea of guilty.

3. Offences of this nature are on the increase in Hong Kong and deterrent custodial sentences are called for. In the circumstances of this case, when taking into account the amount of the pirated discs and that they were sold openly in a shop in the middle of Mongkok, it could only be described as a worst case scenario in the Magistrate's Court.

4. In those circumstances, a two years starting point adopted by the Magistrate in the context of this case is not manifestly excessive. Accordingly, this appeal against sentence is dismissed.