Defence of Consent in Hong Kong Defamation Actions

Deputy District Judge Kenneth KY Lam - Yiu Shing Yin (姚盛賢) v Kwok Yik Ho (郭奕河) & Cheng Siu Yung (鄭少容) - [2018] HKDC 514 (DCCJ 4437 / 2016) - Defence of Consent Established https://legalref.judiciary.hk/lrs/common/ju/ju_frame.jsp?DIS=115106&currpage=T 1.  This is a libel action arising out of some Chinese words (“the Words”) jointly published by the 1st Defendant (“Mr Kwok”) and the 2nd Defendant (“Mrs Kwok”) on a glass window at Shop 80 (“the Shop”), 1st Floor, Fu Tor Loy Sun Chuen Stage 2 (富多來新邨第二期) (“the Estate”), Tai Kok Tsui, Kowloon, Hong Kong. 2.  The publication of the Words and the fact that the Words were prima facie defamatory of the Plaintiff (“Mr Yiu”) had been admitted by the Defendants (“Mr and Mrs Kwok”). 3.  The main issues in dispute were: -    (1)  Whether the Words were substantially true (“Issue 1”);    (2)  Whether the publication was on an occasion of qualified privilege and not too wide (“Issue 2”); and    (3)  Whether the publication was with the consent