26 Nov 2021
LEUNG CHI CHING CANDY v. YEUNG HON SING
- Citation
- [2021] HKCA 1778
- Court
- Court of Appeal
- Case number
- CACV397/2020
The Court of Appeal found the trial judge's reasoning on malice in relation to qualified privilege was ambiguously structured and may have relied on predominantly objective findings of falsity to infer the defendant's state of mind, thereby excluding relevant subjective evidence; because the inference as to malice could not be safely made on the record, the appropriate remedy was to order a retrial limited to the issue of malice in the context of qualified privilege before a different District Court judge.