Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

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  • 29 Apr 2026

    郭志文 對 機電工程署

    Citation
    [2026] HKDC 730
    Court
    District Court
    Case number
    DCCJ5878/2025

    The writ and particulars failed to plead the fundamental elements of a defamation claim (no specific defamatory words, no pleaded publication to third parties); the complained-of documents were internal disciplinary communications attractive of qualified privilege which claimant did not rebut with evidence of malice; the claim was therefore frivolous/vexatious and an abuse of process and must be struck out.

  • 16 Apr 2026

    DING HING HUI v. ZHENG NENGHUAN AND ANOTHER

    Citation
    [2026] HKCFI 2148
    Court
    Court of First Instance
    Case number
    HCA78/2026

    The defence did not disclose any reasonable defence: the disciplinary decision did not support any finding or implication of bribery so the imputation of bribery was defamatory and not justified by truth or fair comment; qualified privilege did not apply because alleging bribery was not reasonably necessary to the occasion; the defendants failed to give a satisfactory explanation for the delay in filing A/S and Defence and leave was refused; accordingly default judgment was entered on the plaintiff's pleaded claims for orders to publish an apology and to procure withdrawal/clarification of th…

  • 7 Jan 2026

    PET LAND AND ANOTHER v. CHOW PO CHU AND ANOTHER

    Citation
    [2026] HKDC 56
    Court
    District Court
    Case number
    DCCJ4216/2022

    The court found on the balance of probabilities that the 2nd Defendant alone published the impugned material; the statements (post and Comments 1-3) were defamatory; the 2nd Defendant knew the veterinary diagnosis and causation were uncertain and nonetheless published assertions of fact that bathing caused aspiration pneumonia, thereby demonstrating malice which defeats qualified privilege and renders malicious falsehood established; fair comment similarly fails where statements were not based on true or privileged facts; Comment 4 was not published with malice and was privileged; consequenti…

  • 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.

  • 2 Apr 2024

    曹元緒 對 孫洪亞

    Citation
    [2024] HKDC 470
    Court
    District Court
    Case number
    DCCJ5438/2019

    On the balance of probabilities the log entries accurately reflected contemporaneous complaints by security staff, the defendant made the entries in the performance of his managerial duties without malice, qualified privilege therefore applies, publication was minimal and the plaintiff proved no actionable loss; claim dismissed.

  • 15 Feb 2024

    GUYON MARC DUY AN v. BERTRAND ANTOINE JUBAULT AND ANOTHER

    Citation
    [2024] HKDC 284
    Court
    District Court
    Case number
    DCCJ2561/2023

    The pleaded words, in their natural and ordinary meaning, were defamatory and referred to the plaintiff; defendants failed to file a valid defence or obtain leave to file out of time; service was effected; accordingly discretionary default judgment under O 19 r 7 was appropriate for libel, injunctive relief was appropriate to prevent further publication, and declarations were refused as not properly pleaded.

  • 17 Nov 2023

    X AND ANOTHER v. Y

    Citation
    [2023] HKCFI 2931
    Court
    Court of First Instance
    Case number
    HCA166/2023

    The court continued the anonymity order because there was a serious question to be tried that the defendant accessed confidential material from the desktop and disseminated it, and because publication of the litigation would likely produce the very publicity and harm the plaintiffs seek to prevent such that lifting anonymity would jeopardise the administration of justice; the injunction alone was insufficient to prevent that risk and the anonymity restriction was minimally necessary.

  • 11 Sept 2023

    THE INCORPORATED OWNERS OF ON NING GARDEN v. WONG MO CHI

    Citation
    [2023] HKDC 1276
    Court
    District Court
    Case number
    DCCJ3473/2022

    The court held that IO has locus standi at common law to sue for defamation; the Statement of Claim sufficiently pleaded publication, reference to IO and defamatory meanings; no defence was filed so implied admission entitled IO to default judgment; on the pleaded facts there was a real prospect of repetition justifying an injunction; damages to be assessed and costs ordered nisi.

  • 28 Nov 2022

    YAM WING CHIU v. WONG YEE LING AND ANOTHER

    Citation
    [2022] HKDC 1377
    Court
    District Court
    Case number
    DCCJ1047/2022

    The pleadings established that the 1st and 2nd defendants published the impugned WhatsApp statements and that those statements were defamatory of the plaintiff; service was sufficient and no defence was filed, therefore under Order 19 r 7 the court, judging on the pleadings, entered judgment for the plaintiff, awarded damages and granted an injunction restraining further publication, refused to order compelled publication of the judgment summary, and awarded costs to the plaintiff with a certificate for counsel to be taxed if not agreed.

  • 7 Jul 2022

    THE INCORPORATED OWNERS OF ALLWAY GARDENS v. LAM YUEN PUN

    Citation
    [2022] HKDC 608
    Court
    District Court
    Case number
    DCCJ4624/2018

    Court found insufficient evidence that the defendant published the 2nd Document; held the 1st and 3rd Words would reasonably be understood as imputing a secret deal and rigged tender (defamatory); defendant failed to discharge burden for justification, failed objective and subjective stages of fair comment because factual basis was unproven and conduct showed malice; qualified privilege defeated by malice; awarded HK$80,000 in damages and costs to plaintiff.