The Queen v. Fandasy Co Ltd
Read the full judgment text of HCMA 1344/1989 on BabelCite. This High Court CFI judgment was delivered on 28 February 1990.
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.
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HCMA001344/1989 IN THE SUPREME COURT OF HONG KONG (Appellate Jurisdiction) MAGISTRACY APPEAL NO. 1344 OF 1989 --------------------- BETWEEN
--------------------- Coram: Hon. Ryan J. in Court Date of hearing: 28 February 1990 Date of judgment: 28 February 1990 ------------------ JUDGMENT ----------------- 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.
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 |