Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Justification
  • 9 Mar 2026

    NUME LTD v. YUEN HOI MAN

    Citation
    [2026] HKCFI 1302
    Court
    Court of First Instance
    Case number
    HCA192/2021

    On the balance of probabilities defendant established the substantial truth (justification) of the core imputation that plaintiff fell within the statutory definition of a "beauty parlour" under Cap.599F and operated in breach of the specified closure direction during the Specified Period; accordingly the defamation claim failed. However two discrete asserted imputations were false (that plaintiff received subsidies under the Scheme and that "including its doctors" all were liable as managers) and were published recklessly; malicious falsehood therefore established in respect of those two fal…

  • 14 Nov 2025

    LAI CHEE YING v. TA KUNG PAO (HONG KONG) LTD

    Citation
    [2025] HKDC 1949
    Court
    District Court
    Case number
    DCCJ674/2025

    The proposed amendments failed to provide the requisite particularity for allegations of corporate malice: identifying 101 articles without specifying the impugned content or the facts from which malice is to be inferred is confusing and prejudicial; pleadings must state specific facts/persons for malice; allowing vague amendments would impede just resolution; therefore leave to amend was refused and the summons dismissed.

  • 24 Jun 2025

    HO KWAN YIU v. DENNIS KWOK WING HANG AND OTHERS

    Citation
    [2025] HKCFI 2788
    Court
    Court of First Instance
    Case number
    HCA1997/2019

    Court allowed the Amendment Summons permitting the plaintiff to amend the Statement of Claim to rely on the 2nd defendant's conviction and sentence; the Court granted the Stay Summons as modified and stayed the entire action pending determination of the 2nd defendant's criminal appeal, with leave to tidy drafting and costs in the cause with certificate for counsel.

  • 30 May 2025

    GCGC LTD v. FRANK YE JUN AND ANOTHER

    Citation
    [2025] HKCFI 1987
    Court
    Court of First Instance
    Case number
    HCA565/2023

    The court found P had standing as the umbrella governance company and had established a good arguable case of defamatory publications and intention to repeat; no material non-disclosure was shown that would justify setting aside the 26/7 Leave or the ex parte injunction; qualified privilege, justification and fair comment defences were unlikely or not reasonably anticipated; Hong Kong was the appropriate forum; accordingly the Summons was dismissed in its entirety, the 26/7 Leave stood, and the ex parte Injunction Order was continued (regrant not necessary but would have been ordered).

  • 28 Feb 2025

    LEUNG CHI CHING CANDY v. YEUNG HON SING

    Citation
    [2025] HKDC 197
    Court
    District Court
    Case number
    DCCJ5079/2015

    The Court held that the re-trial limited to malice must proceed on the basis of the DDJ's findings of underlying facts unless overturned by the Court of Appeal; applying the proper subjective test for malice in the context of qualified privilege and considering the additional materials and evidence permitted by the remitter, the plaintiff failed to prove that the defendant did not believe what he published, was reckless as to truth, or had a dominant improper motive; accordingly qualified privilege was not rebutted and the plaintiff's claim was dismissed.

  • 28 Oct 2024

    NGAI WAI YEUNG v. LAU YUN FUNG BERTHA

    Citation
    [2024] HKDC 1811
    Court
    District Court
    Case number
    DCCJ336/2023

    It was not plain and obvious that the impugned emails and oral statements could not bear the plaintiff's alleged defamatory meanings; an ordinary reader could infer the pleaded imputations and factual disputes and pleaded particulars of malice existed, so the defendant failed to show the claim was unsustainable and the strike-out application must be dismissed.

  • 14 Jul 2023

    LI SAU MUI v. MAN WAI CHEONG

    Citation
    [2023] HKDC 995
    Court
    District Court
    Case number
    DCCJ4322/2018

    The court refused indemnity costs because the defendant failed to show special or unusual features connected to the litigation warranting a more generous basis: although the defendant succeeded on defences, parts of the words were admitted defamatory, the dispute arose from a protracted rivalry and was fact‑sensitive rather than a plainly unmeritorious or vexatious claim, therefore discretion to order indemnity was not appropriately exercised.

  • 17 May 2023

    LI SAU MUI v. MAN WAI CHEONG

    Citation
    [2023] HKDC 620
    Court
    District Court
    Case number
    DCCJ4322/2018

    Reading the 8 July letter in context the challenged passages were recognisable as comment/opinion on matters of public interest and related to undisputed facts (the plaintiff's refusal to witness forms and her complaints about others); the defendant established justification and honest comment and the publication was on an occasion of qualified privilege; the plaintiff failed to prove express malice; accordingly the libel claim failed and judgment is entered for the defendant.

  • 17 Feb 2023

    LAM CHEUK TING v. HO KWAN YIU

    Citation
    [2023] HKCFI 454
    Court
    Court of First Instance
    Case number
    HCA2127/2019

    Although the Unless Order did not impose an express sanction, the defendant made a deliberate decision not to apply within the prescribed time, failed to provide acceptable explanations or a substantial change of circumstances to justify extension, and consequently the court declined to extend time or order a jury trial and dismissed the summons.

  • 11 Nov 2022

    CHO KWAI CHEE v. CONVOY GLOBAL HOLDINGS LTD AND OTHERS

    Citation
    [2022] HKCFI 3406
    Court
    Court of First Instance
    Case number
    HCA463/2021

    The application to order HCA 463/2021 to be tried immediately after HCA 399/2018 (or to stay it pending that trial) was dismissed because the degree of overlap was not shown to be sufficiently substantial at this stage to justify sequencing or a stay, the application was premature given the paucity of identified common witnesses and documents, and the proposed order would cause undue delay and potential prejudice to the defamation claimant; consequential case management directions were left open.