HKSAR v. Elegant Technology Ltd

CACC 448/2003

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

criminal APPEAL NO.448 OF 2003

(ON APPEAL FROM DCCC 433 of 2003)

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Date of Hearing:   3 November 2004

Date of Judgment:  3 November 2004

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J U D G M E N T

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Stuart-Moore, VP (giving the judgment of the Court):

1.This is an application under section 32(2) of the Hong Kong Court of Final Appeal Ordinance, Cap. 484, for a certificate that a point of great and general importance was involved in the judgment of this court which was handed down on 6 May 2004.

2.The proposed questions of law, as set out in the Notice of Motion dated 14 May 2004, are as follows:

“(i)	Whether a bare assertion by a witness called by the prosecution that he or his principal was the copyright owner of a work would suffice to prove copyright ownership and copyright subsistence in the work.
(ii)	Whether on an appeal an Applicant is barred from relying on points or arguments that were different or were not consistent with the lines of defence used at the trial.
(iii)	Whether the Applicant be invited to or entitled to make submissions before decision on the point (ii) above.”

3.We do not consider that these points of law justify the granting of a certificate.  Accordingly, we decline to certify and the application is dismissed.

Mr Simon Kwan, SGC, of the Department of Justice, for the Respondent.

Mr Giles Surman, instructed by Messrs Pang, Wan & Choi, for D2/Applicant.