Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Slander actionable per se
  • 27 May 2009

    FUNG TAK KEUNG v. HIEW KWAI FOOK AND ANOTHER

    Citation
    FUNG TAK KEUNG v. HIEW KWAI FOOK AND ANOTHER
    Court
    District Court
    Case number
    DCCJ5738/2007

    The court found the words, read in context, imputed a possible future act and thus were not slander actionable per se; alternatively the defendants genuinely believed the plaintiff had assaulted the complainant based on the complainant's injuries, medical records and police complaint, so the defence of justification succeeded; the words were also uttered sarcastically in a heated AGM context and did not bear a literal defamatory meaning; accordingly the defendants' defences succeeded and the plaintiff's claim was dismissed.