Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Rolled up plea
  • 16 Jul 1987

    LOW CHUNG SONG AND OTHERS v. TARGET NEWSPAPERS LTD AND ANOTHER

    Citation
    LOW CHUNG SONG AND OTHERS v. TARGET NEWSPAPERS LTD AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCA5581/1986

    The appeal is allowed in part: rolled up pleas need not be struck out merely because they are rolled up (they may be reduced to a simple fair comment plea), pleading criminal intent is not improper even where the offence is of absolute liability, discovery will not generally precede particulars in libel cases but the court has discretion, the particulars served (including those in the draft amended defence) were in substance sufficient except for one deficient reply (Request 5(2)), and the proper remedy is to allow 14 days for defendants to serve that particular further and better particular…