Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Standard of reasonable care

Legal area

Court

25 Apr 2014

CHAU HOI SHUEN, SOLINA HOLLY v. SEEC MEDIA GROUP LTD

Citation

CHAU HOI SHUEN, SOLINA HOLLY v. SEEC MEDIA GROUP LTD
Court

Court of Appeal
Case number

CACV275/2012

Appeal dismissed. Court held defendant cannot invoke innocent dissemination because it failed to exercise reasonable care given its opportunity and connection with the publisher; the innocent dissemination defence requires lack of knowledge not attributable to negligence; no legal distinction was accepted between mere defamatory meaning and actionable libel for the defence's scope; the respondent's distribution system made vetting possible and failure to vet amounted to negligence, so liability and the damages awarded below are upheld.
26 Mar 1999

HKSAR v. FUNG KAI TUNG AUGUSTINE

Citation

HKSAR v. FUNG KAI TUNG AUGUSTINE
Court

Court of First Instance
Case number

HCMA1174/1998

The magistrate was entitled to find on the accepted police and expert evidence that the appellant was following too closely (11.6 metres between fronts, 5.6 metres between rear of LGV and appellant's front, 0.66 second gap) such that a reasonably prudent driver would not have been able to avoid collision if the lead vehicle braked; law does not require proof that the lead vehicle in fact braked or expert evidence on the appellant's exact braking efficiency, so the conviction was properly upheld.