Chan Nai-ming - Trial

Trial

He was charged with 3 counts of “attempting to distribute an infringing copy of a copyright work (otherwise than for the purpose of, in the course of, any trade or business) to such an extent as to affect prejudicially the owner of the copyright, without the licence of the copyright owner, contrary to sections 118(1)(f) and 119(1) of the Copyright Ordinance, Cap. 528 and section 159G of the Crimes Ordinance, Cap. 200” and 3 counts of an alternative charge of “Obtaining access to a computer with dishonest intent, contrary to section 161(1)(c) of the Crimes Ordinance, Cap. 200”. Since the first 3 charges were proven, the last 3 charges were dropped.

Chan was sentenced to three months in prison on 8 November 2005. The maximum penalty under law was four years in prison.

At the Tuen Mun Magistracy, Magistrate Colin Mackintosh said that he had reduced the term because this was Chan's first offence and the first sentencing for such a case in the world. However, the judge claimed that anyone else caught illegally sharing files in the wake of his judgment could expect tougher treatment.