Court holds that defence of reportage is available in Hong Kong in defamation actions, by Robert Clark
In the recent case of Jigme Tsewang Athoup v Brightec Ltd & Anor, Hong Kong’s High Court (Court of First Instance) held that “reportage” is available in Hong Kong to a journalist or publisher, as a defence to an action for defamation. Reportage is the neutral reporting of the fact that statements have been made by and which are attributed to another person, not the reporting of statements as a representation of the facts. This is the first time that a journalist or publisher had sought to rely on reportage (a new variant of Reynolds privilege) in Hong Kong and the judgment will have an impact on Hong Kong’s freedom of press. Full article
Contracts (Rights of Third Parties) Ordinance or Contract Out of Rights of Third Parties?, by Peter So
The Contracts (Rights of Third Parties) Ordinance (Cap. 623) (“Ordinance”) was passed and gazetted on 4 December 2014 (Ord. No. 17 of 2014). It has not yet come into operation. This article aims to give a brief overview of some of the major provisions of the Ordinance which may have a significant impact on various industries. Full article
Arbitration Ordinance to be amended, by KK Cheung
On 23 January 2015, the Arbitration (Amendment) Bill 2015 was introduced into Legco and it had its first reading on 4 February 2015. As at the date of this article, no date has yet been announced for the 2nd reading. Full article
Hong Kong becomes a Host Country for Permanent Court of Arbitration Proceedings, by KK Cheung
On 4 January 2015, the Permanent Court of Arbitration (“PCA”) and Government of the People’s Republic of China signed a Host Country Agreement and related Memorandum of Administrative Arrangements, the result of which is the establishment in Hong Kong of a legal framework under which PCA-administered proceedings can be conducted in Hong Kong on an ad hoc basis, without the need for a physical presence of the PCA (which is based in the Hague) in Hong Kong. Full article
Mitigation in Magistrates’ Courts Proceedings in Hong Kong, by Benny Ho
The Magistrates’ Courts in Hong Kong deal with criminal cases. They also deal with summonses issued by a Magistrate as a result of information laid by public bodies such as the Labour Department, the Companies Registry and the Securities and Futures Commission, involving quasi criminal offences. Corporate clients including directors of the companies may therefore find themselves in the Magistrates’ Courts. The most common summonses that the Magistrates’ Courts deal with include industrial safety summonses and summonses in relation to breaches of the Companies Ordinance. This article gives a brief introduction to the mitigation process in the Magistrates’ Courts in Hong Kong. Full article