OREINTAL PRESS GROUP LTD v. HONG KONG DAILY NEWS LTD AND ANOTHER

OREINTAL PRESS GROUP LTD v. HONG KONG DAILY NEWS LTD AND ANOTHER

The court found on the evidence the article was published 'of and concerning' the Plaintiff and the words were capable of a defamatory meaning; although defendants' conduct was culpable their refusal to apologise, the actual damage was limited by the article's inconspicuous placement and the Plaintiff's continued...

Source-derived case information.

Citation
OREINTAL PRESS GROUP LTD v. HONG KONG DAILY NEWS LTD AND ANOTHER
Parties
Plaintiff: OREINTAL PRESS GROUP LIMITED; 1st Defendant: HONG KONG DAILY NEWS LIMITED; 2nd Defendant: FUNG KAM PEI
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 November 1997
Case Number
HCA2852/1996
Procedural Posture
Defamation (libel) / Judgment After Trial
Outcome
Judgment for the Plaintiff
Legal Topics
Libel, Publication, Meaning of Words, Assessment of Damages, Injunctive Relief
Source Language
en
Defamation Civil Procedure Injunctions Torts Damages Libel Publication Meaning of Words Assessment of Damages +1 more

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Parties

OREINTAL PRESS GROUP LIMITED

Plaintiff

HONG KONG DAILY NEWS LIMITED

1st Defendant

FUNG KAM PEI

2nd Defendant

Procedural Posture

Defamation (libel) / Judgment After Trial

Legal Issues

  1. 1 Whether the published article was of and concerning the Plaintiff
  2. 2 Whether the words were capable of a defamatory meaning
  3. 3 Assessment of damage and quantum of damages

Ratio Decidendi

The court found on the evidence the article was published 'of and concerning' the Plaintiff and the words were capable of a defamatory meaning; although defendants' conduct was culpable their refusal to apologise, the actual damage was limited by the article's inconspicuous placement and the Plaintiff's continued high circulation, so damages of HK$100,000 together with an injunction and costs were appropriate.

Court Disposition

Judgment for the Plaintiff

Orders

  • Awarded damages of HK$100,000 to the Plaintiff
  • Injunction restraining the Defendants and each of them from publishing the article or any similar words defamatory of the Plaintiff