Public Prosecutor v Li Na

• Jurisdiction: Singapore
• Judge: Salina Bte Ishak
• Judgment Date: 21 September 2015
• Neutral Citation: [2015] SGDC 260
• Court: District Court (Singapore)
• Docket Number: DAC 926346—2014 & 38 Ors, Magistrate’s Appeal No 9142/ 2015/01
• Year: 2015
• Published date: 24 September 2015
• Hearing Date: 02 September 2015
• Plaintiff Counsel: DPP Jonathan Ng, Attorney-General's Chambers
• Defendant Counsel: Mr Nirmal Singh of M/s Raj Kumar & Rama
• Citation: [2015] SGDC 260

District Judge Salina Bte Ishak: The Charges

The Accused, Ms Li Na, a 40-year-old Singapore Permanent Resident from China was charged with the following 39 charges, namely: 12 charges of importing of goods into Singapore with falsely applied trade mark for the purpose of trade under Section 49(a) Trade Marks Act (Cap 332, 2005 Rev Ed); 24 charges of possession of goods with falsely applied trade mark for the purpose of trade under Section 49(c) Trade Marks Act (Cap 332, 2005 Rev Ed); Two charges of possession of infringing articles for the purposes of trade under Section 136(2)(b) Copyright Act (Cap 63, 2006 Rev Ed) and One charge of conspiracy to obstruct the course of justice under Section 204A read with Section 109 Penal Code (Cap 224, 2008 Rev Ed).

She had pleaded guilty to 13 charges, namely five charges under Section 49(a) Trade Marks Act (Cap 332, 2005 Rev Ed), six charges under Section 49(c) Trade Marks Act (Cap 332, 2005 Rev Ed), one charge under Section 136(2)(b) Copyright Act (Cap 63, 2006 Rev Ed) and one charge of engaging in a conspiracy to prevent the course of justice under Section 204A read with Section 109 Penal Code (Cap 224, 2008 Rev Ed). 26 remaining charges, namely seven charges under Section 49(a) Trade Marks Act (Cap 332, 2005 Rev Ed) and 18 charges under Section 49(c) Trade Marks Act (Cap 332, 2005 Rev Ed) and one charge under Section 136(2)(b) Copyright Act (Cap 63, 2006 Rev Ed) were taken into consideration for the purpose of sentencing.

Summary of Facts

The Accused had admitted to the following Statement of Facts (“Exhibit PS1”) without qualification.

Statement of Facts

1. The accused is Li Na, a 40-year-old female Singapore Permanent Resident from China, (DOB: 26 November 1974). 2. The accomplices are: a. Tan Hong Chee, a 53-year-old male Singaporean, (DOB: 23 March 1962) (“B1”). He is the husband of the accused; and b. Sun Xixiao, a 26-year-old female Singapore Permanent Resident from China, (DOB: 8 November 1988) (“B2”). She is a sales assistant employed by the accused.

ARREST

3. On 29 April 2014, the accused had arrived at the Arrival Hall of Changi Airport Terminal 2, Singapore from Guangzhou, China. At about 7.05am, one Zakaria Din, an Immigration and Checkpoints Authority officer, referred the accused to the Customs Duty Office for GST payment matters relating to the luxury goods that the accused had brought in from Guangzhou. High Custom Officers Tan Tieu Heng (“HCO Tan”) and Farhana Bte Md Razali (“HCO Farhana”) were on duty at that point in time and attended to the matter. 4. Upon inspection, HCO Tan and HCO Farhana suspected the said goods to be counterfeit. Consequently, the Intellectual Property Rights Branch (“IPRB”) of the Police’s Criminal Investigation Department (“CID”) was notified. 5. At about 11.06am, one Hunnee Wong and one Goh Kok Seng, officers from IPRB, CID, arrived at the scene. They subsequently placed the accused under arrest.

SEIZURE

Seizure at Changi Airport Terminal 2, Arrival Hall, Singapore DAC 926325/2014 & Ors

6. Following the arrest, the following pieces of goods were seized from the accused’s possession: a. 10 pieces of goods bearing “Christian Dior” marks; b. 3 pieces of goods bearing “Loewe” marks; c. 7 pieces of goods bearing “Givenchy” marks; d. 6 pieces of goods bearing “Miu Miu” marks; e. 2 pieces of goods bearing “Prada” marks; f. 39 pieces of goods bearing “Hermes” marks; g. 3 pieces of goods bearing “Louis Vuitton” marks; h. 48 pieces of goods bearing “Cartier” marks; i. 8 pieces of goods bearing “Bvlgari” marks; j. 11 pieces of goods bearing “Yves Saint Laurent”; and k. 362 pieces of goods bearing “Chanel” marks.

Seizure at No. 2 New Bugis Street, DESL 15/16, Bugis Village, Singapore

7. Preliminary investigations revealed that the accused operated a shop at No. 2 New Bugis Street, DESL 15/16, Bugis Village, Singapore. This said shop sold ladies’ apparels and accessories, and was registered in the name of B1. 8. On the same day, at about 3.15pm, a party of Police officers raided the said shop in the presence of B1 and seized the following pieces of goods: a. 3 pieces of goods bearing “Chanel” marks; b. 5 pieces of goods bearing “Yves Saint Laurent” marks; c. 1 piece of goods bearing “Cartier” marks; d. 2 pieces of goods bearing “Tory Burch” marks; e. 12 pieces of goods bearing “Hello Kitty” marks; f. 1 piece of goods bearing “Gucci” marks; and g. 1 piece of goods bearing “Louis Vuitton” marks.

Seizure at No. 6 Irrawaddy Road, Ibis Singapore Novena, level 2 car park, Singapore

9. Investigations further revealed that prior to the arrival of the party of Police officers at the said shop, B1 and B2 had removed a substantial amount of goods from the said shop and stored them in the trunk of B1’s car. 10. On the same day, at about 4.55pm, B1 led the party of Police officers to his car, bearing license plate no. SJV 2190 L, parked at the level 2 car park of No. 6 Irrawaddy Road, Ibis Singapore Novena, Singapore. 11. The following pieces of goods were seized from the trunk of B1’s car: a. 281 pieces of goods bearing “Chanel” marks; b. 6 pieces of goods bearing “Louis Vuitton” marks; c. 4 pieces of goods bearing “Gucci” marks; d. 3 pieces of goods bearing “Sanrio” marks; e. 1 piece of goods bearing “Miu Miu” marks; f. 12 pieces of goods bearing “Hermes” marks; g. 2 pieces of goods bearing “Burberry” marks; h. 76 pieces of goods bearing “Cartier” marks; i. 34 pieces of goods bearing “Bvlgari” marks; and j. 3 pieces of goods bearing “Yves Saint Laurent” marks.

Seizure At No. 511 Balestier Road, Singapore

12. Investigations also revealed that the accused also operated a furniture shop with B1 at No. 511 Balestier Road, Singapore with B1. This unit is a shophouse, with the furniture shop on the ground floor and the accused’s residence on the upper level. 13. On the same day, at about 5.00pm, the accused led a party of Police officers to the said shophouse. A search was conducted in the presence of the accused and the following pieces of goods were seized: a. 10 pieces of goods bearing “Louis Vuitton” marks; and b. 7 pieces of goods bearing “Chanel” marks.

BACKGROUND

14. Investigations revealed that sometime in 2008, the accused began operating a shop at No. 2 New Bugis Street, DESL 50/51, Bugis Village, Singapore. The accused had imported counterfeit goods, including costume jewellery and key chains, for sale in this shop. This shop was raided sometime in 2010. Subsequently, the rights owners of the “Louis Vuitton” and “Chanel” marks separately commenced private prosecution against the accused under s 49(c) of the Trade Marks Act (Cap 332, 2005 Rev Ed). The accused was convicted on both of these occasions and sentenced to a total fine of S$12,050. The accused claimed that she had stopped dealing in counterfeit goods following this incident. 15. The accused moved her business to the current unit at No. 2 New Bugis Street, DESL 15/16, Bugis Village, Singapore sometime in 2011. In February 2014, the accused decided to import counterfeit goods again, as business was very bad. 16. Investigations further revealed that the accused procured the goods for her shop from Guangzhou, China. This was done every two to three months. During each trip, the accused would procure unbranded goods and have them freighted to Singapore. In addition, however, she would also spend about RMB 2,000 to 3000 on counterfeit goods, which she would hand carry into Singapore. 17. Sometime in April 2014, the accused and B1 started a furniture shop at No. 511 Balestier Road, Singapore. However, as business was not going well, the accused decided to procure a greater quantity of counterfeit goods for sale in her Bugis Village shop. On the occasion when the accused was arrested on 29 April 2015, she had spent about RMB 10,000 on counterfeit goods. As far as these goods were concerned, the accused had intended to sell two pairs of earrings at S$10 or S$15, bracelets at S$5 or S$10 each, bangles at S$15 each and wallets and bags at S$50-100 each. 18. The accused was discreet in conducting her sale of counterfeit goods. She would only sell them to regular customers who knew that she carried the said counterfeit goods, and had hid the said counterfeit goods in a black box placed near the cashier counter, so as to avoid detection. Investigations also revealed that the accused had employed B2 as a sales assistant sometime in March 2014. B2 was instructed by the accused to be discreet in conducting the sale of the said counterfeit goods. At the material time, the accused also had one other sales assistant by the name of “Betty”, who had worked part time.

FACTS PERTAINING TO THE 38TH CHARGE (DAC 926381/2014)

19. Investigations revealed that after being detained at the Arrival Hall of Changi Airport Terminal 2, Singapore, Singapore on 29 April 2014, the accused had, at about 7.45am, contacted both B1 and B2 and instructed them to remove the counterfeit goods from her Bugis Village shop. The accused had sent an SMS to B1, asking him to fetch B2 to the shop to remove the said goods. She then contacted B2 with the same instructions. She did this as she was afraid that the Police would eventually raid her shop. 20. B1 and B2 then did as instructed, and the pieces of goods referred to in para [11] above were placed in the trunk of B1’s motor car. B1 then subsequently drove and parked his motor car at the level 2 car park of No. 6 Irrawaddy Road, Ibis Singapore Novena, Singapore. This act prevented the Police from seizing the said pieces of goods when they raided the accused’s Bugis...