LEUNG CHUN YING v. CHUNG KIM WAH AND ANOTHER

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

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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 1^st Defendant has been settled.  As for the 2^nd Defendant, it has ceased to operate on 29 December 2021. 

3.  The 2^nd 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 2^nd Defendant in the present proceedings.  The 2^nd 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 2^nd Defendant.  Mr Chung resigned as a director from the 2^nd 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  The article in question has been withdrawn by the 1^st Defendant and the 2^nd Defendant as well.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 2^nd 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.