27 Jan 2011
TUNG LAI LAM v. ORIENTAL PRESS GROUP LTD AND ANOTHER
- Citation
- TUNG LAI LAM v. ORIENTAL PRESS GROUP LTD AND ANOTHER
- Court
- District Court
- Case number
- DCEO5/2009
On an objective assessment of the article as a whole, read in its satirical column style and against the contemporaneous news context, an ordinary reasonable reader would understand it as criticism of the Hospital Authority and its chief executive rather than an incitement to hatred, serious contempt or severe ridicule of persons with mental illness; therefore the s.46 threshold for disability vilification was not met and the claim fails; additionally there was no evidence the parent company participated in the publication so it was not liable.
- Disability vilification
- Statutory defences
- Parent company liability
- Remedies – apology order vs damages
- Interpretation of 'incite' and ordinary reasonable reader test