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Seec Media Group Ltd v. Chau Hoi Shuen,Solina Holly

Read the full judgment text of FAMV 57/2014 on BabelCite. This Court of Final Appeal judgment was delivered on 30 March 2015 before Mr Justice Ribeiro PJ, Mr Justice Tang PJ, Mr Justice Fok PJ.

1. We are satisfied that leave to appeal should be granted in the present case pursuant to section 22(1)(b) of the Court’s statute on the basis that the appeal involves the following question of the requisite importance, namely:

Outcome: Leave to appeal granted on the question set out in paragraph 1; leave refused on the other questions in paragraphs 7(2) and 7(3) of the applicant's Motion; appeal to be heard on 30 November 2015.

Cited by 1 case

Case No.FAMV 57/2014
Court
Court of Final Appeal
Date30 Mar 2015
JudgeMr Justice Ribeiro PJ, Mr Justice Tang PJ, Mr Justice Fok PJ
Case Document
100%Judiciary

FAMV No. 57 of 2014

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 57 OF 2014 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM

CACV NO. 275 OF 2012)

_____________________

Between:

  CHAU HOI SHUEN,
SOLINA HOLLY 周凱旋
 Plaintiff
(Respondent)
  and
  SEEC MEDIA GROUP LIMITED Defendant
(Applicant)

_____________________

Appeal Committee:  Mr Justice Ribeiro Acting CJ, Mr Justice Tang PJ and Mr Justice Fok PJ
Date of Hearing and Determination: 30 March 2015

_________________________

DETERMINATION
_________________________

Mr Justice Ribeiro PJ:

1.We are satisfied that leave to appeal should be granted in the present case pursuant to section 22(1)(b) of the Court’s statute on the basis that the appeal involves the following question of the requisite importance, namely:

“What is the nature of the knowledge possessed by a secondary publisher or which, taking reasonable care, a secondary publisher would have acquired, which suffices to exclude such secondary publisher from relying on the defence of innocent dissemination? In particular, must it be knowledge simply that the publication contains a statement which carries a defamatory meaning; or must it be knowledge that the publication contains an actionable libel subject to no valid defences?”

2.We refuse leave in relation to the other questions put forward in paragraphs 7(2) and 7(3) of the applicant’s Motion.

3.The appeal will be heard on 30 November 2015.

 (R.A.V. Ribeiro) (Robert Tang) (Joseph Fok)
Acting Chief Justice Permanent Judge Permanent Judge

Mr Johnny Mok, SC and Ms Janet Ho, instructed by Vivien Chan & Co., for the Plaintiff

Mr Paul Shieh, SC and Mr Bernard Man, instructed by Stevenson, Wong & Co., for the Defendant

Cited by 1 case

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Chau Hoi Shuen, Solina Holly v. Seec Media Group Ltd
Court of Final Appeal
Full analysis
30 Nov 2015