YAM CHI MING STEPHEN v. SING PAO NEWSPAPER CO LTD

YAM CHI MING STEPHEN v. SING PAO NEWSPAPER CO LTD

Judge found the plaintiff in a contemporaneous telephone interview told a reporter he knew before making the bail application that the District Judge lacked jurisdiction; that reporting was an accurate factual base; the alleged imputations were comment on a matter of public interest based on that true base fact; the defence of fair comment therefore succeeded and the plaintiff's libel and innuendo claims failed.

Citation
YAM CHI MING STEPHEN v. SING PAO NEWSPAPER CO LTD
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 February 2006
Case Number
HCA99/2005
Procedural Posture
Civil Action for Defamation (libel and Innuendo) / Judgment at Trial (deputy High Court Judge)
Outcome
Action dismissed.
Legal Topics
Libel, Innuendo, Fair Comment, Justification, Malice, Pleading Requirements
Source Language
EN
Defamation Media Law Evidence (hearsay) Civil Procedure Libel Innuendo Fair Comment Justification +2 more

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Procedural Posture

Civil Action for Defamation (libel and Innuendo) / Judgment at Trial (deputy High Court Judge)

Legal Issues

  1. 1 Whether the published words were defamatory
  2. 2 Whether the defence of fair comment applied
  3. 3 Whether the plaintiff properly pleaded and proved an innuendo

Ratio Decidendi

Judge found the plaintiff in a contemporaneous telephone interview told a reporter he knew before making the bail application that the District Judge lacked jurisdiction; that reporting was an accurate factual base; the alleged imputations were comment on a matter of public interest based on that true base fact; the defence of fair comment therefore succeeded and the plaintiff's libel and innuendo claims failed.

Court Disposition

Action dismissed.

Orders

  • Action dismissed.
  • Costs order nisi: the plaintiff shall pay the defendant's costs.