Lee Kam-sheung v. The Queen

CACC000490/1976

Coram: Briggs, C.J.

Date of Judgment: 5th June, 1976.

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JUDGMENT

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1. This is an appeal against a conviction for an offence under section 3(1) (e) of the Merchandise Marks Ordinance. The appellant was found guilty of being in possession of certain metal dies and punches for the purpose of forgery contrary to the provisions of that sub-section.

2. At the hearing of the appeal, Mr. Macdougall, who appeared for the Crown, told the court that he could not support the conviction. This was in view of the fact that the magistrate who tried the case held that the Ordinance provided that "an offence has been committed by mere possession." This is, with respect, not so. In the case of Leung Choi v. Francis Woodley Kendall⁽¹⁾ Mills-Owens, J. held that mere possession was not enough. The Crown must also prove "a present intention to use the instrument for forgery, an intention co-existing with the present possession, although not necessarily an intention to use it forthwith."

3. There was, in this case, no finding by the magistrate that any such intention was proved by the Crown. The appeal therefore must be allowed.

Representation:

Miss J. Leong (Woo & Woo) for appellant.

Macdougall for crown.

(1) (1961) H.K.L.R. 649.