plaintiff:
  - HKSAR

defendant:
  - CHAN NAI MING

case_reason: Criminal prosecution for distribution of infringing copies of copyright works using BitTorrent file-sharing system, contrary to section 118(1)(f) of the Copyright Ordinance, Cap. 528. The defendant seeded three films on the Internet without commercial purpose but to an extent prejudicial to copyright owners.

judgment_summary: This landmark case represents the first prosecution in Hong Kong (and possibly worldwide) for copyright infringement using BitTorrent technology. The defendant uploaded three films to the Internet using BitTorrent, creating .torrent files and publishing them on a newsgroup accessible to anyone. He acted as the original seeder, maintaining his Internet connection to enable 35-40 users to download each film. The Magistrate emphasized that Hong Kong's firm deterrent sentencing policy for copyright infringement applies equally to non-commercial distribution via the Internet. Despite the absence of commercial gain, the court found the potential harm to copyright owners substantial due to the insidious nature of Internet distribution and the risk of re-distribution. The defendant was sentenced to three months' imprisonment (concurrent on three charges), with a warning that future offenders may face longer terms comparable to commercial piracy cases.

jurisdiction_code: HKMAGC

jurisdiction_name: Magistrates' Court at Tuen Mun, Hong Kong Special Administrative Region

case_location: Hong Kong Special Administrative Region

case_object:
  - Copyright infringement
  - Distribution of infringing copies
  - BitTorrent file-sharing technology
  - Intellectual property rights protection
  - Internet-based copyright piracy

judgment_result:
  - charge: Distribution of infringing copies of copyright works using BitTorrent (section 118(1)(f) of the Copyright Ordinance, Cap. 528) - three charges relating to three films
    result: Convicted. Sentenced to three months' imprisonment (concurrent sentences). Appeal dismissed on 12 December 2006 (HCMA1221/2005).

involved_entities:
  - entity_name: Colin Mackintosh
    reason: Magistrate who presided over the case and delivered the sentence and reasons for sentence on 7 November 2005
  - entity_name: BitTorrent
    reason: File-sharing technology used by the defendant to distribute infringing copies of films through packet switching system
  - entity_name: Copyright Ordinance, Cap. 528
    reason: Legislation under which the defendant was prosecuted, specifically section 118(1)(f) for non-commercial distribution of infringing copies
  - entity_name: Secretary for Justice v Choi Sai-lok [1999] 4 HKC 334
    reason: Court of Appeal case cited as authority for firm deterrent sentencing policy in copyright infringement cases, establishing that immediate custodial sentences should be imposed unless circumstances are truly exceptional
  - entity_name: R v Ng Wai-chin, HCMA 1309/1996
    reason: Earlier case cited regarding international pressure on Hong Kong to stamp out traffic in pirated goods and protect intellectual property rights
  - entity_name: Customs officers
    reason: Investigators who monitored the defendant's BitTorrent activities and downloaded complete copies of the films as part of the investigation
