Leung Chun Ying v. Chung Kim Wah and Another
Read the full judgment text of HCA 1993/2018 on BabelCite. This High Court CFI judgment was delivered on 13 March 2023.
1. So I grant an order in terms as amended. I am of the view that it is appropriate to stay the action permanently in view of the facts drawn to my attention by the Plaintiff.
Cited by 2 cases
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HCA 1993/2018 [2023] HKCFI 1617 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE ACTION NO 1993 OF 2018 ________________________
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________________________ D E C I S I O N ________________________ 1.So I grant an order in terms as amended. I am of the view that it is appropriate to stay the action permanently in view of the facts drawn to my attention by the Plaintiff. 2.This defamation trial was already fixed for 15 days to start from 7 August 2023. The matter concerning the 1st Defendant has been settled. As for the 2nd Defendant, it has ceased to operate on 29 December 2021. 3.The 2nd Defendant has not attended any hearing since at least 20 July 2022. On record, it has no legal representation or any director authorised to represent the 2nd Defendant in the present proceedings. The 2nd Defendant has no operation or existence at either its registered address or the address stated on the writ in this action. Its directors have all resigned, including Mr Chung Pui-kuen, who has signed a witness statement for and on behalf of the 2nd Defendant. Mr Chung resigned as a director from the 2nd Defendant on 1 December 2021. Before that, he has already resigned as chief editor of Stand News on 1 November 2021. The other director, Mr Choi Tung-ho Tony, is wanted by the police and is one of the defendants in a criminal proceeding. 4.The article in question has been withdrawn by the 1st Defendant and the 2nd Defendant as well. Those articles are no longer in public circulation. I am of the view that a permanent stay without recourse works best for all parties. The Plaintiff need not incur further costs on the trial. The 2nd Defendant will cease to have a piece of litigation hanging over its head. 5.For the reasons given, I have granted the order in terms as amended.
Ms Queenie Lau, instructed by Sit, Fung, Kwong & Shum, for the Plaintiff The 2nd Defendant was not represented and did not appear | |||||||||||||||||||||||||||||
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