Man Keung Wong v Chuen Cheong Hong

Judgment

Cited in

Precedent Map

Judgment Date	12 February 1948
Judgement Number	CACC27/1947
Year	1948
Court	Court of Appeal (Hong Kong)

CACC000027/1947 MAN KEUNG WONG v. CHUEN CHEONG HONG

CACC000027/1947

APPELLATE JURISDICTION

CRIMINAL APPEAL No. 27 OF 1947

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BETWEEN
MAN KEUNG WONG	Appellant
AND
CHUEN CHEONG HONG	Defendant

Coram: Mr. Justice T.J. Gould - President, Mr. Justice J. Reynolds - Appeal Judge

Date of Judgment: 12 February 1948

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JUDGMENT

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1. This is an appeal by way of case stated from the decision of a magistrate dismissing a summons under section 3(2) of the Merchandise Marks Ordinance, 1890, alleging that the defendant had in his possession for sale certain tins of saccharin to which a false description was applied. On the argument as addressed to this Court, the only question in issue was whether the respondent had proved, at the hearing, that he had taken all reasonable precautions against committing the offence, as provided by section 3(2)(a). Whether or not it is established that such precautions have been taken is a question of fact to be decided in the circumstances of each particular case but the burden of proof thereof is placed upon the defendant by the last mentioned subsection. The case stated contains no finding of fact that such reasonable precautions on the part of the respondent had been proved but the following paragraph appears in the reasons given for the magistrate's decision:- "(a) the respondent at the time of committing the offence had no reason to suspect the genuineness of the trade description. The appellant should be entitled to expect that the S.T. & I. would only deal in genuine goods". The second of these two sentences presumably refers to the first and appears to give the magistrate's reason for stating that the respondent had no reason to suspect...

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Man Keung Wong v Chuen Cheong Hong

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