Hong Kong Case Law: Decisions & Judgments

Topic

Fair comment defence

Legal area

Court

7 Oct 2005

FAR EAST ENGINEERING SERVICES LTD v. CHOY YAU CHIU t/a PROFESSIONAL AIR-CONDITION CO

Citation

FAR EAST ENGINEERING SERVICES LTD v. CHOY YAU CHIU t/a PROFESSIONAL AIR-CONDITION CO
Court

Court of First Instance
Case number

HCA2146/2004

The letters were defamatory in their natural and innuendo meanings; the defences of fair comment and justification failed because the letters imputed facts not comment and no evidence proved truth; damages of HK$50,000 were fair for the limited publication; no injunction was necessary; costs were awarded to the plaintiff but assessed on the District Court scale given the quantum.
17 Jan 2001

ALBERT CHENG AND ANOTHER v. TSE WAI CHUN PAUL

Citation

ALBERT CHENG AND ANOTHER v. TSE WAI CHUN PAUL
Court

Court of Final Appeal
Case number

FACV12/2000

The respondent failed to demonstrate exceptional circumstances or that the Court's judgment substantially altered the law on malice; accordingly the usual rule that costs follow the event applies, the order nisi is made absolute, there is no order as to costs of the trial, and the respondent must pay the appellants' costs of the appeals.
19 May 1998

TSE WAI CHUN PAUL v. ALBERT CHENG AND OTHERS

Citation

TSE WAI CHUN PAUL v. ALBERT CHENG AND OTHERS
Court

Court of First Instance
Case number

HCA9983/1996

Each defendant's fair comment defence is independent and complete once the objective test is satisfied; the plaintiff must prove malice against each defendant individually to rebut that defendant's defence, and malice by one defendant does not 'infect' another's defence absent proof specific to that defendant.
8 May 1996

THERRY DICKS v. EASY FINDER LTD

Citation

THERRY DICKS v. EASY FINDER LTD
Court

Court of First Instance
Case number

HCA1270/1996

Although the Rules permit declaratory relief irrespective of a cause of action, the declarations sought were not about justiciable legal rights enforceable between the parties; the Bill of Rights did not create a private cause of action between individuals and fair comment is a defence rather than an independent right. There were no exceptional circumstances to grant pre-emptive relief; the proceedings were an abuse of process. The Statement of Claim was therefore struck out and the action dismissed with costs to the Defendant.
27 Apr 1993

YUNG CHI KIN, LARRY v.LEUNG TIN WAI and Others

Citation

YUNG CHI KIN, LARRY v.LEUNG TIN WAI and Others
Court

Court of Appeal
Case number

CACV1/1993

Where defendants denied the plaintiff's English translation but relied on positive defences of fair comment and justification, their English translation becomes a material factual foundation of those defences and must be pleaded; the particulars supporting a plea of justification must be sufficient to show the factual basis of the meaning to be justified and, where deficient, the plea may be struck out (without prejudice to amendment); similarly the comment relied upon for fair comment must be identified with precision.
8 Dec 1989

LACHMAN NARAIN v. TARGET NEWSPAPERS LTD AND ANOTHER

Citation

LACHMAN NARAIN v. TARGET NEWSPAPERS LTD AND ANOTHER
Court

Court of Appeal
Case number

CACV127/1989

The Court of Appeal allowed the defendants' appeal and set aside the interlocutory injunction because the meaning of the impugned passages was not so plain and obviously defamatory that no reasonable jury could accept the defence of fair comment or justification; therefore interlocutory relief was inappropriate absent inevitability that a jury would find for the plaintiff.

Hong Kong Case Law

FAR EAST ENGINEERING SERVICES LTD v. CHOY YAU CHIU t/a PROFESSIONAL AIR-CONDITION CO

ALBERT CHENG AND ANOTHER v. TSE WAI CHUN PAUL

TSE WAI CHUN PAUL v. ALBERT CHENG AND OTHERS

THERRY DICKS v. EASY FINDER LTD

YUNG CHI KIN, LARRY v.LEUNG TIN WAI and Others

LACHMAN NARAIN v. TARGET NEWSPAPERS LTD AND ANOTHER