SEEC MEDIA GROUP LTD v. CHAU HOI SHUEN,SOLINA HOLLY

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)

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DETERMINATION
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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.

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