TANG CHUI YUK ANGELA AND ANOTHER v. HUNG KA CHUEN AND OTHERS

TANG CHUI YUK ANGELA AND ANOTHER v. HUNG KA CHUEN AND OTHERS

The court found the plaintiffs established the libel and that the circumstances warranted substantial compensatory and aggravated damages; it awarded HKD 400,000 to each plaintiff (HKD 200,000 of which is aggravated damages) and ordered interest at the judgment rate from the date of writ to judgment and thereafter until payment.

Citation
TANG CHUI YUK ANGELA AND ANOTHER v. HUNG KA CHUEN AND OTHERS
Parties
1st Plaintiff: Tang Chui Yuk Angela; 2nd Plaintiff: Fok Hung Kwok Wah Emma; 1st Defendant: Hung Ka Chuen; 2nd Defendant: Pak Wan Kam Pamela; 3rd Defendant: Tse Wai Chun Paul; 4th Defendant: Metro Broadcast Corporation Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 January 2000
Case Number
HCA1424/1997
Procedural Posture
Defamation (libel) / Judgment on Quantum
Outcome
Judgment for the Plaintiffs; damages awarded
Legal Topics
Damages, Publication, Re Publication Liability, Aggravated Damages, Justification Plea, Foreseeability
Source Language
EN
Defamation Tort Media Law Damages Publication Re Publication Liability Aggravated Damages Justification Plea +1 more

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Parties

Tang Chui Yuk Angela

1st Plaintiff

Fok Hung Kwok Wah Emma

2nd Plaintiff

Hung Ka Chuen

1st Defendant

Pak Wan Kam Pamela

2nd Defendant

Tse Wai Chun Paul

3rd Defendant

Metro Broadcast Corporation Limited

4th Defendant

Procedural Posture

Defamation (libel) / Judgment on Quantum

Legal Issues

  1. 1 Whether the original publisher is liable for re-publication by newspapers
  2. 2 Whether re-publication was a natural and probable consequence (foreseeability) of the original broadcast
  3. 3 Quantum of general and aggravated damages for libel

Ratio Decidendi

The court found the plaintiffs established the libel and that the circumstances warranted substantial compensatory and aggravated damages; it awarded HKD 400,000 to each plaintiff (HKD 200,000 of which is aggravated damages) and ordered interest at the judgment rate from the date of writ to judgment and thereafter until payment.

Court Disposition

Judgment for the Plaintiffs; damages awarded

Orders

  • Award HKD 400000 to 1st Plaintiff (of which HKD 200000 aggravated)
  • Award HKD 400000 to 2nd Plaintiff (of which HKD 200000 aggravated)