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

Case No.HCA 1993/2018[2023] HKCFI 1617
Court
High Court CFI
Date13 Mar 2023
Judge
Case Document
100%Judiciary

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

________________________

BETWEEN    
  LEUNG CHUN YING (梁振英) Plaintiff

and

  CHUNG KIM-WAH (鍾劍華) 1st Defendant
  BEST PENCIL (HONG KONG) LIMITED, 2nd Defendant
  operating as STAND NEWS  
  立場新聞  

________________________

Before: Hon Au-Yeung J in Chambers
Date of Hearing: 13 March 2023
Date of Decision: 13 March 2023

________________________

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4.The article in question has been withdrawn by the 1st Defendant and the 2nd Defendant as well.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. 

(Queeny Au-Yeung)
Judge of the Court of First Instance
High Court

Ms Queenie Lau, instructed by Sit, Fung, Kwong & Shum, for the Plaintiff

The 2nd Defendant was not represented and did not appear