HONG KONG POLYTECHNIC UNIVERSITY AND OTHERS v. NEXT MAGAZINE PUBLISHING LTD AND ANOTHER

HONG KONG POLYTECHNIC UNIVERSITY AND OTHERS v. NEXT MAGAZINE PUBLISHING LTD AND ANOTHER

The University, being a statutory corporation with public functions and funded to a great extent from public funds, and given its nature and constitution, is a "public authority" within s.7(1) of the BORO even though not subject to governmental control; therefore Article 16 BOR can be invoked by the defendants and further hearing on Article 16 and common law issues is warranted.

Citation
HONG KONG POLYTECHNIC UNIVERSITY AND OTHERS v. NEXT MAGAZINE PUBLISHING LTD AND ANOTHER
Parties
1st Plaintiff: Hong Kong Polytechnic University; 2nd Plaintiff: Poon Chun Kwong; 3rd Plaintiff: Yiu Tung Wah; 1st Defendant: Next Magazine Publishing Limited; 2nd Defendant: Cheung Kim Hung
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 June 1996
Case Number
HCA3238/1995
Procedural Posture
Defamation (libel) / Interlocutory Appeal Against Master's Dismissal; Preliminary Issue Heard on Agreed Facts (public Authority) and Further Hearing on Article 16/common Law to Be Fixed
Outcome
Held that the Hong Kong Polytechnic University is a public authority within s.7(1) of the Hong Kong Bill of Rights Ordinance; defendants may rely on Article 16 BOR and common law arguments; further hearing ordered.
Legal Topics
Public Authority Definition, Freedom of Expression (article 16 Bor), Section 7(1) BORO, Strike Out (ord.18 R.19), Derbyshire Principle
Source Language
EN
Constitutional Law Human Rights Defamation Administrative Law Civil Procedure Public Authority Definition Freedom of Expression (article 16 Bor) Section 7(1) BORO +2 more

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Parties

Hong Kong Polytechnic University

1st Plaintiff

Poon Chun Kwong

2nd Plaintiff

Yiu Tung Wah

3rd Plaintiff

Next Magazine Publishing Limited

1st Defendant

Cheung Kim Hung

2nd Defendant

Procedural Posture

Defamation (libel) / Interlocutory Appeal Against Master's Dismissal; Preliminary Issue Heard on Agreed Facts (public Authority) and Further Hearing on Article 16/common Law to Be Fixed

Legal Issues

  1. 1 Whether the Hong Kong Polytechnic University is a "public authority" within s.7(1) of the Hong Kong Bill of Rights Ordinance (Cap.383)
  2. 2 Whether Article 16 BOR may be relied on by the defendants to strike out libel proceedings brought by the University/the Chancellor
  3. 3 Whether the proceedings should be struck out on common law grounds (Derbyshire principle)

Ratio Decidendi

The University, being a statutory corporation with public functions and funded to a great extent from public funds, and given its nature and constitution, is a "public authority" within s.7(1) of the BORO even though not subject to governmental control; therefore Article 16 BOR can be invoked by the defendants and further hearing on Article 16 and common law issues is warranted.

Court Disposition

Held that the Hong Kong Polytechnic University is a public authority within s.7(1) of the Hong Kong Bill of Rights Ordinance; defendants may rely on Article 16 BOR and common law arguments; further hearing ordered.

Orders

  • Preliminary issue determined: University is a public authority within s.7(1) BORO
  • Hearing on Article 16 and common law (strike out) issues to be fixed after consultation with counsel's diaries