GURUNG GANGA BAHADUR v. SECURICOR GURKHA SERVICES LTD

HCA 1851/2005

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 1851 OF 2005

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D E C I S I O N

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1.  Your claim is a claim in defamation and the law requires that the words about which you complain must be capable of being defamatory.  The statement that you were late for work because of a traffic jam may have been made falsely.  If you have been wrongly dismissed, you have a remedy for that which you are pursuing in the District Court.  But to say of somebody that they are late to work because of a traffic jam is not capable of being defamatory.  Neither is it capable of having any innuendo which could be defamatory.

2.  For those reasons, I am satisfied that even if this case was to go to trial, it would fail.  That is why I am going to strike out the claim now. 

(Submission on costs)

3.  Mr Gurung, you chose to bring these proceedings, you must take the consequences.  You must pay the Defendant’s costs to be taxed on a party and party basis if not agreed.