![]() ![]() D5 was standing near the entrance of the warehouse and claimed to be responsible for packing and delivery of goods.ġ2. PW2 was standing next to a silk screen-printing machine and claimed to be responsible for silkscreen printing. PW1 was repairing the injection-moulding machine of the idle production line and claimed to be the line operator. Of the two production lines in the factory, only one was in operation. The applicant told Custom officers that the licensee, D6 was not there and she was the manager and person in charge of the factory.ġ1. The applicant, PW1, PW2 and D5 were present. On 1 June 2000, Customs officers conducted a surprise inspection of the factory. The manufacture code assigned to D6 was IFPI DMXX, where X represents an alphanumeric digit.ġ0. D6 was one of the directors of COHL and holder of the licence. Under the Prevention of Copyright Piracy Ordinance, a licence is required for the manufacture of optical discs as a means to control counterfeited optical discs.ĩ. Lam Chor-wong was the majority shareholder of COHL holding 80% of its issued shares.Ĩ. COHL was granted a licence to manufacture optical discs by the Optical Disc Licence Division, Intellectual Property Investigation Bureau, Customs and Excise Department. COHL was a manufacturer of optical discs with its factory at Flat 1B, Shui Wing Industrial Building, 12 Tai Yuen Street, Kwai Chung (the factory). Due to the shortness of the sentence imposed on the applicant and the further information required, Stock J adjourned the application to be heard before a full Court.ħ. Her application initially went before Stock J on 19 September 2002. The applicant seeks leave to appeal against conviction only. They were both sentenced to concurrent terms of 10 months imprisonment.Ħ. The applicant and D6 were convicted only of the 1st and 3rd charges. COHL was convicted of the 1st, 3rd and 4th charges and fined a total of $1.1 million. In the course of the prosecution case, D5 was acquitted for insufficient evidence.ĥ. The prosecution offered no evidence against D3 and D4 and they gave evidence for the prosecution as PW1 and PW2. The other defendants jointly charged with the applicant were China Optimize Holdings Limited (COHL), Siu Man Kei (D3), Lam Chi-keung (D4), Chan Cheong-wai (D5) and Yeung Wai-sang (D6).Ĥ. The 2nd charge was an alternative charge to the 1st charge.ģ. The applicant, Yuen Lai-kwan, Abby appeared before Judge Sweeney in the District Court together with 5 others on the 1st charge of making for sale or hire infringing copies of copyright work, the 2nd charge of possession for the purpose of trade or business infringing copies of copyright work, the 3rd charge of possession of an article specifically designed or adapted for making infringing copies of the copyright work for sale or hire and the 4th charge of possession of articles knowing or having reasons to believe that they are used or intended to be used to make infringing copies of copyright works for sale or hire.Ģ. Hon Yeung JA (giving judgment of the Court):ġ. YUEN LAI KWAN ABBYĬoram: Hon Stuart-Moore VP, Stock and Yeung JJA in Court ![]()
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