Eastern Express Publisher Ltd. and Another v. Mo Man Ching and Another

Case No.

Court

Date11 Feb 1999

Judge—

Case Document

100%

CACV000178A/1998

CACV 178/98

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 178 OF 1998

(ON APPEAL FROM HCA NO. 5660 OF 1995)

BETWEEN
	EASTERN EXPRESS PUBLISHER LIMITED	1st Respondent (1st Plaintiff)

	ORIENTAL PRESS GROUP LIMITED	2nd Respondent (2nd Plaintiff)

	AND

	(毛孟靜) transliterated as MO MAN CHING(also known as CLAUDIA MO)	1st Applicant (1st Defendant)

	SECRETARY FOR JUSTICE on behalf of THE DIRECTOR OF BROADCASTING	2nd Applicant (2nd Defendant)

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Coram: Hon Liu, JA, Leong, JA & Yeung, J in Court

Date of Hearing: 11 February 1999

Date of Judgment: 11 February 1999

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J U D G M E N T

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Liu, JA:

1. This court is grateful to both counsel for their well-structured submissions. This application is focused on s. 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance. Every matter at issue in the Court of Appeal was within a narrow compass. Despite the embellishments and on the assumption that the affidavit of Professor Leung is admissible, the decided issues do not seem to have given rise to any point of great general or public importance or "otherwise". Mr Tang relies on the words "great general or public importance" alone. It has to be recognised that a point not strictly falling within s. 22(1)(b) may qualify for the applicants' purpose in a different context, such as freedom of the press, but we are not persuaded that this is a case of that nature. The application is denied with costs.

(B Liu)	(Arthur Leong)	(W Yeung)
Justice of Appeal of the Court of Appeal of the High Court	Justice of Appeal of the Court of Appeal of the High Court	Judge of the Court of First Instance of the High Court

Representation:

Mr Robert Tang, SC & Anderson Chow inst'd by Department of Justice for 1st Applicant (1st Defendant) and 2nd Applicant (2nd Defendant).

Mr Cheng Huan, SC & Mr Jason Pow inst'd by M/S Iu, Lai & Li for 1st Respondent (1st Plaintiff) and 2nd Respondent (2nd Plaintiff).