Hong Kong Case Law: Decisions & Judgments

Topic

Newspaper rule

Legal area

Court

6 Apr 2016

HOI TIN TONG CO LTD v. CHOY KWOK KEUNG

Citation

HOI TIN TONG CO LTD v. CHOY KWOK KEUNG
Court

Court of First Instance
Case number

HCA1755/2013

Leave to appeal was refused because the intended costs-only appeal lacked a reasonable prospect of success and there was no demonstrable error in the exercise of judicial discretion; the court correctly applied the principle that costs generally follow the event and concluded the newspaper rule did not preclude a costs order in respect of the appeal hearing.
1 Apr 2016

HOI TIN TONG CO LTD v. CHOY KWOK KEUNG AND ANOTHER

Citation

HOI TIN TONG CO LTD v. CHOY KWOK KEUNG AND ANOTHER
Court

Court of First Instance
Case number

HCMP260/2016

The newspaper rule did not apply because the published clip already revealed identifying material (the woman's name tag and the unaltered appearance/voice of the man), the reporter's affidavit failed to identify any other informant whose identity required protection, and therefore the judge correctly ordered non-party disclosure; the application for leave to appeal had no reasonable prospect of success and was dismissed with costs.
19 Jan 2016

HOI TIN TONG CO LTD v. CHOY KWOK KEUNG

Citation

HOI TIN TONG CO LTD v. CHOY KWOK KEUNG
Court

Court of First Instance
Case number

HCA1755/2013

The newspaper rule did not apply because, on the balance of probabilities and on the evidence (notably a visible nametag and an agreement identifying the Lady as Madam Lam and the defendant openly identified), there was no unidentified source to protect; therefore leave to appeal and stay were refused and costs were allocated accordingly.
29 Oct 2015

HOI TIN TONG CO LTD v. CHOY KWOK KEUNG

Citation

HOI TIN TONG CO LTD v. CHOY KWOK KEUNG
Court

Court of First Instance
Case number

HCA1755/2013

The court held that the source video(s) is relevant and necessary for the plaintiff’s pleaded issues because the apparent identities of the informants (the Lady identified as Madam Lam and the likelihood that the Utterance was by the defendant) negate the confidentiality the newspaper rule protects; accordingly the newspaper rule did not bar disclosure and specific discovery of the source video(s) must be ordered, with the master’s order set aside.
7 Jul 1994

EASTWEEK PUBLISHER LTD. v. JOHN SHAM

Citation

EASTWEEK PUBLISHER LTD. v. JOHN SHAM
Court

Court of Appeal
Case number

CACV95/1994

The Court of Appeal held that the newspaper rule, founded on the public interest in the free flow of information and of over one hundred years' standing, applies to the news media at the interlocutory stage and, absent special circumstances, precludes a Norwich Pharmacal order forcing disclosure of authors and editors in a libel case; Chan J misdirected himself and the Norwich Pharmacal order was set aside.

Hong Kong Case Law

HOI TIN TONG CO LTD v. CHOY KWOK KEUNG

HOI TIN TONG CO LTD v. CHOY KWOK KEUNG AND ANOTHER

HOI TIN TONG CO LTD v. CHOY KWOK KEUNG

HOI TIN TONG CO LTD v. CHOY KWOK KEUNG

EASTWEEK PUBLISHER LTD. v. JOHN SHAM