THE INCORPORATED OWNERS OF KAM YING COURT (II) 對 羅兆冲

THE INCORPORATED OWNERS OF KAM YING COURT (II) 對 羅兆冲

The court found the words, read in context of the newspaper report, bore defamatory meanings that diminished the owners' corporation's reputation; the defendant likely spoke to the reporter and adopted the published report by displaying it publicly, thus constituted publication; the defendant failed to prove...

Source-derived case information.

Citation
[2022] HKDC 267
Parties
Plaintiff: THE INCORPORATED OWNERS OF KAM YING COURT (II); Defendant: LAW SIU CHUN (羅兆冲)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
28 March 2022
Case Number
DCCJ5394/2017
Procedural Posture
Defamation (libel) / Trial Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Publication, Justification (truth), Fair Comment, Qualified/limited Privilege, Damages Assessment, Corporate Reputation
Source Language
ch
Defamation Civil Remedies Injunctions Privileged Communications Publication Justification (truth) Fair Comment Qualified/limited Privilege +2 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 5 Authorities cited 7 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

THE INCORPORATED OWNERS OF KAM YING COURT (II)

Plaintiff

LAW SIU CHUN (羅兆冲)

Defendant

Procedural Posture

Defamation (libel) / Trial Judgment

  1. 1 Whether the published words bore a defamatory meaning against the incorporated owners
  2. 2 Whether the defendant published and adopted the statements complained of
  3. 3 Whether the defendant can avail himself of the defences of justification (truth), fair comment, or qualified/limited privilege

Ratio Decidendi

The court found the words, read in context of the newspaper report, bore defamatory meanings that diminished the owners' corporation's reputation; the defendant likely spoke to the reporter and adopted the published report by displaying it publicly, thus constituted publication; the defendant failed to prove justification, fair comment did not apply because many statements were factual and untrue, and any qualified privilege was lost by disproportionate and excessive publication (newspaper, internet and public street display). Accordingly plaintiff entitled to vindicatory and compensatory relief: general damages HK$200,000, special damages HK$541.22 and a permanent injunction; defendant...

Court Disposition

Judgment for the plaintiff

Orders

  • Defendant to pay general damages to plaintiff in the sum of HK$200000
  • Defendant to pay special damages to plaintiff in the sum of HK$541.22