Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Section 24 defamation ordinance

Legal area

Court

16 Feb 2023

YIP WAI TAK VIVIAN v. LEE KA WO ESMOND AND OTHERS

Citation

[2023] HKDC 174
Court

District Court
Case number

DCCJ4923/2019

The email did not bear the specific defamatory meanings pleaded by the plaintiff and, insofar as statements matched complaints, were partly true; alternatively, publication to the association and its relevant officers was an occasion of qualified privilege and defendants honestly believed a genuine complaint had been made and lacked the requisite malice to defeat the privilege; breach of confidence and misuse of private information claims failed because the material lacked the necessary quality of confidence and was not private; accordingly plaintiff's claims against defendants 1 and 2 are di…
16 Jun 2021

PAC FUNG FEATHER CO LTD v. THE INCORPORATED OWNERS OF HOI LUEN INDUSTRIAL CENTRE AND ANOTHER

Citation

[2021] HKDC 590
Court

District Court
Case number

DCCJ1445/2013

Court held that the notices' gist—condemnation of Pac‑Fung for unlawful occupation, obstruction of fire escape and obstructive conduct—was substantially true; any overstatement of area was not a distinct sting that materially worsened reputation and thus justification succeeded (s26 DO). Publications were within qualified privilege and were not actuated by malice. Malicious falsehood failed for lack of pleaded/particularised probable pecuniary damage. No breach of duty by IO or personal liability of Huang established. Claim dismissed.