Posted by
magbtg
16 yrs ago
should a sales person as an employee be held responsibility for the stock that is purchased by his boss if the merchandises are counterfeit (冒牌貨) under the law of hong Kong? Under what session can I find more information? Does anyone have any good advice? thanks
Please support our advertisers:
thank you orangeman. but how could an employee know the merchandise is a counterfeit until the police comes to arrest him? his boss has never told him the source of the stock. if a salesman is to be charged for that reason, how could you call it fair under the law of Hong Kong?
Please support our advertisers:
The fact that you posted the first message suggests that you already suspect this to be the case. Orangeman was simply stating you legal obligation to report a crime. Can't be bothered to dig out the relevant Ordinance but under HK Law if you know or believe a crime or arrestable offence has been committed then you have a legal duty to report it. Obviously as a salesman the moral obligation is debatable but you can't hide behind the claim 'but I didn't know'
Please support our advertisers:
vak
16 yrs ago
I guess its the same as using counterfeit software in an office supplied by the company owners but used by the staff. Even if you are an employee you are liable.
Please support our advertisers:
[UPDATE] Please note that fee quotes stated in historic postings may be out-of-date.
For civil liability, it depends on the scope of the work of the employee and the contract between the employer and employee. For criminal liability, it depends on whether the employee has the mental state/knowledge of the fact that the merchandise is counterfeit.
Weir & Associates
Solicitors & Notaries
16th Floor Tak Shing House
Theatre Lane
20 Des Voeux Road Central
Central
Hong Kong
Tel 2526-1767
Fax : 2868-3568
email : WeirLaw@weirandassociates.com
www.weirandassociates.com
Please support our advertisers:
You must be logged in to be able to reply.
Login now
Copy Link
Facebook
Gmail
Mail