Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Mitigation and damages
  • 5 Oct 2001

    MA BIK YUNG v. KO CHUEN

    Citation
    MA BIK YUNG v. KO CHUEN
    Court
    Court of Final Appeal
    Case number
    FACV25/2000

    Section 72(4)(b) can encompass an order requiring an apology, including against an unwilling defendant, but only in rare and exceptional cases where an insincere compelled apology would nonetheless be a reasonable act that would redress the plaintiff's loss; such orders must be approached with great circumspection, provisional orders (nisi) and opportunity to be heard should be used, and where not ordered the court should adjust other remedies (eg increase damages). In this case the circumstances were not exceptional and no apology order should be made; appeal dismissed.