Hong Kong Case Law: Decisions & Judgments

Topic

Apology as remedy

Legal area

Court

16 Oct 2008

PARTY FOR THE CIVIL RIGHTS AND LIVELIHOOD OF THE PEOPLE OF HONG KONG LTD v. CABLE NEWS INTERNATIONAL, INC. AND ANOTHER

Citation

PARTY FOR THE CIVIL RIGHTS AND LIVELIHOOD OF THE PEOPLE OF HONG KONG LTD v. CABLE NEWS INTERNATIONAL, INC. AND ANOTHER
Court

District Court
Case number

DCCJ1551/2008

The plaintiff had no meritorious basis to bring defamation or contractual claims against the 1st Defendant: the alleged defamatory words were directed at a class and not the corporate plaintiff, the CNN statement was an apology not an offer forming a contract, the plaintiff sued the wrong entity and failed to join the correct party, and the proceedings constituted an abuse of process; accordingly the plaintiff discontinued the claim and must pay the defendant's costs on an indemnity basis.
4 Jun 2004

YUEN OI YEE LISA v. TSE MEI PO, MABLE AND OTHERS

Citation

YUEN OI YEE LISA v. TSE MEI PO, MABLE AND OTHERS
Court

District Court
Case number

DCCJ7258/2003

Judge found the plaintiff had abused the court's process by instituting multiple separate defamation actions to obtain collateral advantages (apologies/evidence for other litigation and reopening of EOC inquiry) and to aggravate defendants' costs and coerce settlement; however because there was a prima facie cause of action and the proceedings could be put on the right track, the proper remedy was to stay the seven District Court actions pending consolidation with related proceedings rather than dismiss them; the plaintiff was ordered to pay defendants' costs with certificate for counsel, tax…
9 Feb 2000

MA BIK YUNG v. KO CHUEN

Citation

MA BIK YUNG v. KO CHUEN
Court

Court of Appeal
Case number

CACV267/1999

Harassment was established on the facts under s2(6) and s38 of the Ordinance because the defendant made offensive remarks and conduct on account of the plaintiff's disability; discrimination under s6(a) was not established because the trial judge failed to make the necessary comparators finding as to how the defendant would have treated an able-bodied person with heavy luggage; fresh evidence application failed Ladd v Marshall criterion; an order compelling an unwilling apology is inappropriate under s72(4)(b); damages for harassment reduced from HK$20,000 to HK$10,000; no new trial ordered;…

Hong Kong Case Law

PARTY FOR THE CIVIL RIGHTS AND LIVELIHOOD OF THE PEOPLE OF HONG KONG LTD v. CABLE NEWS INTERNATIONAL, INC. AND ANOTHER

YUEN OI YEE LISA v. TSE MEI PO, MABLE AND OTHERS

MA BIK YUNG v. KO CHUEN