ORIENTAL PRESS GROUP LIMITED (Plaintiff in HCA No. A12063 of 1996 and Appellant) v ORIENTAL SUNDAY PUBLISHER LIMITED (Plaintiff in HCA No. A952 of 1997 and Appellant)

Read the full judgment text of CACV 000104/1997 on BabelCite. This Court of Appeal judgment was delivered on 8 January 1998 before Godfrey, J.A., Wong, J., Pang, J..

Civil procedure – certification of appeal to Court of Final Appeal – copyright infringement – assessment of damages – knowing copying of exclusive photograph – great general or public importance – quantum – conversion damages – section 22 Hong Kong Court of Final Appeal Ordinance (Cap 484) – officers of the court – application dismissed with costs – Rex v. Wilkes 4 Burr. 2527 – The Court of Appeal refused to certify a broad question on assessment of copyright damages for knowing copying of an exclusive photograph as not of great general or public importance, the real grievance being the alleged low quantum. The subsidiary issue on conversion damages was also not fit for certification because the law had changed and there was no evidence of pending cases. The application was dismissed with costs.

Legal issues: Certification of question for appeal to Court of Final Appeal

Outcome: Application for certification dismissed with costs.