Tort of Defamation: A Hong Kong Case

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Tort of DefamationA Hong Kong Case

• By Kenny Wan and Wattie Lo

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Defamation

• The tort of defamation is intended to protect a
  persons reputation
• A personal attack not an attack on goods and
  services
• Libel and slander
• Some words have a double meaning, which is called
  innuendo
• Popular innuendo vs. true innuendo
• Whether a statement is considered defamatory
  depends on who is reading or hearing that
  statement

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Parties
(Hung Yuen Chan Robert v. Hong Kong Standard
Newspapers Ltd.)
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Facts
(Hung Yuen Chan Robert v. Hong Kong Standard
Newspapers Ltd.)

• Article published in Hong Kong Standard in Sep
  1994, revealing details as follows
• Paraguay Honorary Consul Sacked
• Chan Sze-sum, honorary consul of Paraguay in Hong
  Kong, fired following the launch of an
  investigation into an alleged passport scandal
• Another officer of Antigua in Hong Kong also
  sacked for allegedly selling visas for Antigua to
  Chinese people
• Plaintiff dismissed from his office as honorary
  vice-consul of Paraguay in Hong Kong one month
  prior to the article published
• Paraguayan Embassy did not disclose any reasons
  for the removal of both officers

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Context of Proceedings
(Hung Yuen Chan Robert v. Hong Kong Standard
Newspapers Ltd.)

• Plaintiff brought action for libel
• Words such as dismissed and sacked used in
  article were defamatory of him because they
  denoted some kind of misconduct on his part
  leading to his removal from office
• These also made his explanation that his
  termination was normal procedure false
• Defendants denied that the article bore any of
  those defamatory meanings

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Parties Arguments
(Hung Yuen Chan Robert v. Hong Kong Standard
Newspapers Ltd.)

• Yu QC for plaintiff
• Natural and ordinary meanings (popular), not
  dictionary meanings (true)
• Dismissed and sacked must be construed in the
  context of the article as a whole
• Plaintiffs dismissal not portrayed in a
  different context
• Innocuous news would not have merited space on
  the front page

• Huggins QC for defendants
• Dismissed and sacked carried no connotation
  of misconduct according to their definitions in
  dictionary
• Article merely reported and notified readers that
  plaintiff was terminated without notice or reason
  and hence defendants were entitled to use those
  words
• No reason needed to be given for an exercise of
  prerogative by a sovereign government

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Conclusion and Comments
(Hung Yuen Chan Robert v. Hong Kong Standard
Newspapers Ltd.)

• Plaintiff was awarded HK700,000
• Defendants refused to retract or apologise
• Objective to restore pride and confidence
• A serious libel against a professional man
• Hong Kong Standard a well-established English
  newspaper with an average monthly circulation of
  52,000 copies

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Other points to note
(Hung Yuen Chan Robert v. Hong Kong Standard
Newspapers Ltd.)

• Repetition rule
• Repeating somebody elses libellous statement is
  just as bad as making the statement directly
• Double discovery
• English newspaper and Chinese newspaper cater for
  different readership

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Parties
(Hung Yuen Chan Robert v. Sing Tao Ltd.)

• Plaintiff Robert Chan, a solicitor specialized
  in handling finance and commercial matter
• Defendant Sing Tao Ltd
• Robert Whitehead (for defendant)
• Benjamin Yu (for plaintiff)

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Facts
(Hung Yuen Chan Robert v. Sing Tao Ltd.)

• Article published in Sing Tao Daily on 15
  September 1994, appeared on the back page of the
  main part of the newspaper based on the Hong Kong
  Standard article, revealing details as follows
• ??????????????
• Chan Sze-sum, honorary consul of Paraguay in Hong
  Kong, fired following the launch of an
  investigation into an alleged passport scandal
• Another officer of Antigua in Hong Kong also
  sacked for allegedly selling visas for Antigua to
  Chinese people
• Plaintiff dismissed from his office as honorary
  vice-consul of Paraguay in Hong Kong one month
  prior to the article published
• Paraguayan Embassy did not disclose any reasons
  for the removal of both officers

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Context of Proceedings
(Hung Yuen Chan Robert v. Sing Tao Ltd.)

• Plaintiff brought action for libel
• Used the words in their natural and ordinary
  meaning the defendants meant and were understood
  to mean that the plaintiff was involved in the
  unlawful or unauthorized selling of passports
  which resulted in his dismissed or sacked from
  the office
• These also made his explanation that his
  termination was normal procedure false
• Defendants liability was not disputed and they
  did not defend the wrongfulness but instead
  arguing on the assessment of damages. An apology
  at the beginning of the trial

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Parties Arguments
(Hung Yuen Chan Robert v. Sing Tao Ltd.)

• Benjamin Yu QC for plaintiff
• Evidence given in the first action (vs HK
  Standard) was granted
• Article based on HK Standard without reasonable
  steps to verify the truthfulness and accuracy
• Apology was made too late and lacked sincerity
  and failed to attract any meaningful publicity

• Robert Whitehead for defendants
• Apologized to the plaintiff for the distress and
  embarrassment caused
• Understood that the apology was too late but
  hoped to comfort the plaintiff in some way
• No objection from defendants

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Conclusion and Comments
(Hung Yuen Chan Robert v. Sing Tao Ltd.)

• Plaintiff was awarded 900,000
• Apology from the defendants could not reduced the
  damages especially that the apology was so late
  as to be practically worthless
• The newspaper (Sing Tao Daily) was a
  well-respected and established Chinese newspaper
  and had a larger circulation than its English
  counterpart (ie. 65,000 vs 52,000 daily)
• The defendants did not make any reasonable steps
  to verify the truthfulness and accuracy of the
  article

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Other points to note
(Hung Yuen Chan Robert v. Sing Tao Ltd.)

• Repetition article was based on other source
  (HK Standard)
• Double Discovery
• Compensation to damages should not be duplicated
• Ensure the target readers of the two newspaper
  were different
• Compensation was based on the circulation and the
  impact of the damages