Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Incidental publication

  • 12 Jul 2005

    KELLY CHENG KIT YIN v. DAVID JOHN KENNEDY AND ANOTHER

    Citation
    KELLY CHENG KIT YIN v. DAVID JOHN KENNEDY AND ANOTHER
    Court
    Court of Appeal
    Case number
    CACV364/2004

    The Court dismissed the appeal and affirmed the striking out of paragraphs 22, 23, 44, 54, 58, 62, 63 and 64 because the defence improperly contained long transcript quotations and bad pleas; fair comment and qualified privilege could not justify publication to third parties of material derived from a section 221 examination which is held to the order of the court, and the defendants had not properly pleaded incidental publication.

  • 9 Nov 2004

    KELLY CHENG KIT YIN v. DAVID JOHN KENNEDY AND ANOTHER

    Citation
    KELLY CHENG KIT YIN v. DAVID JOHN KENNEDY AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCA4460/2003

    Fair comment defence struck out because material of the letter derived from a private s221 examination and rule 62(2) prohibits such publication so public‑interest argument cannot negate the rule; qualified privilege struck out because defendants failed to plead any duty to communicate to the alleged third‑party publishees or any corresponding interest of those publishees and incidental publication was not pleaded or made out; paragraphs pleading evidential detail in support of justification struck out because they improperly pleaded evidence (including private examination content), amounted…