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Yung Chi Kin, Larry V.leung Tin Wai And Others

Judgment Cited authorities 10 Cited in Precedent Map Related
Vincent
Judgment Date27 April 1993
Year1993
Judgement NumberCACV1/1993
Subject MatterCivil Appeal
CourtCourt of Appeal (Hong Kong)
CACV000001/1993 YUNG CHI KIN, LARRY v.LEUNG TIN WAI and Others

CACV000001/1993

1993, No. 1
(Civil)

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H E A D N O T E

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Libel action on words published in Chinese. Defendants admitted publication but denied plaintiff's English translation and that the words were defamatory. In addition defendants pleaded fair comment and justification, giving the meaning but refusing their English translation relied upon and refusing to identify the comment. On plaintiff's application for further and better particulars held that the plaintiff was entitled to the defendants' translation and to have the comment identified.

1993, No. 1
(Civil)

IN THE COURT OF APPEAL

(ON APPEAL FROM HIGH COURT ACTION NO. A1306 OF 1992)

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BETWEEN
YUNG CHI KIN, LARRY Plaintiff(Appellant)
AND
LEUNG TIN WAI 1st Defendant
(1st Respondent)
YEUNG WAI HONG 2nd Defendnt
(2nd Respondent)
NEXT MEDIA (HOLDINGS) LIMITED 3rd Defendant
(3rd Respondent)

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Coram: Hon Silke, V.-P., Nazareth and Bokhary, JJ.A.

Dates of hearing: 8 and 14 April 1993

Date of handing down judgment: 27 April 1993

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J U D G M E N T

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Silke V.-P.:

1. I have had the opportunity of reading in draft the judgment of my brother Nazareth.

2. I agree with his conclusions, his reasoning therefore and the order he proposes.

(W.J. Silke)
Vice-President

Nazareth, J.A.:

3. This is an appeal by the plaintiff against orders made in chambers by Leong J. on 22nd December 1992, first dismissing the plaintiff's summons for further and better particulars dated the 15th September 1992; second granting the defendants leave to amend paragraph 6 of the draft amended defence; and third awarding the defendants three quarters of their costs of the hearing with certificate for two counsel. The plaintiffs seeks instead orders to the following effect: first that those orders be set aside; second that the defendants within 14 days serve on the plaintiff answers to the plaintiff's request for further and better particulars of the defence; third that paragraph 6 of the defence be struck out; and fourth that the costs of the summonses concerned, of the hearing and of this appeal be to the plaintiff.

4. The background, so far as it need be set out, is as follows. The plaintiff is the chairman and managing director of CITIC Pacific Limited, a public company listed on the Stock Exchange of Hong Kong. The 1st defendant is the editor of Next Magazine ("the magazine"), the 2nd defendant is the publisher and the 3rd defendant, a company incorporated in Hong Kong, is the proprietor of the magazine. By the plaintiff's statement of claim dated the 16th March 1992, it is pleaded that in the 99th issue of the magazine dated the 31st January 1992, the defendants published or caused to be published an article containing the following words in Chinese of which a true translation is as follows:

"Yung Senior came down south to lecture his son

Prince Kin (Yung Chi Kin) 'bought up' Hang Chong by resorting to methods that were more savage than Wah Sau's dog. Quite a few of Hong Kong's wealthy business people feel offended but there is not much they can do. Rumours say that news regarding this incident has spread to Beijing and that this has made Yung Senior (Rong Yiren) very unhappy, who immediately took a Dragon Air flight to Hong Kong to lecture his son. Yung Senior is an experienced businessman who has done big business deals and has seen the world. He knows that doing business is like a builder building a doorway: it must be large enough not only for himself but also for others to pass through it."

5. It is also pleaded that at the end of the article, a picture of the plaintiff's father was published with a caption in Chinese of which the English translation is set out as follows:

"Yung Senior (Rong Yiren) worried that Prince Kin had offended Hong Kong's wealthy people, flew to Hong Kong to lecture his son."

6. Then followed, in the statement of claim, paragraphs 6 and 7 which it is necessary to reproduce having regard to their importance:

"6. The said words in their ordinary and natural meaning meant and were understood to mean that:-

(a) in conducting the acquisition of Hang Chong Investment Company, Limited ('Hang Chong'), the Plaintiff resorted to vicious and disreputable tactics or devices, such behaviour meriting comparison with the behaviour of a dog notorious for savagery and reckless aggression;

(b) in the course of such acquistion, the Plaintiff engaged in conduct which was dishonourable and incompatible with ordinary business ethics;

(c) the Plaintiff's conduct in the course of such acquisition offended or caused discontent amongst wealthy Hong Kong persons;

(d) the Plaintiff's conduct in the course of such acquisition was so unacceptable that news of it spread to Beijing where it was seriously disapproved of,

(e) the Plaintiff's conduct in relation to such acquisition was so disreputable that it caused his father to fly immediately to Hong Kong from Beijing to chastise or lecture the Plaintiff about such conduct; and

(f) the Plaintiff's conduct in relation to the acquisition of Hang Chong demonstrates that the Plaintiff lacks business experience or judgment, in contrast with his father who has wide experience of big business and knows how to conduct himself properly.

7. Further or alternatively, the said words bore or were understood to bear the meanings pleaded in paragraph 6 above by way of innuendo.

Particulars pursuant to Order 82, rule 3(1)

(a) The words 'more savage than Wah Sau's dog' when used to describe a person's behavour are generally known to those conversant with colloquial Cantonese in Hong Kong as signifying savage or recklessly aggressive behaviour on such person's part.

(b) The other words complained of, read in the context of such colloquial meaning, bore the aforesaid pleaded meanings."

7. The statement of claim then went on to plead that, by reason of the publication complained of, the plaintiff had been seriously damaged in his reputation and had suffered loss and damage; and that, unless restrained, the defendants threatened to continue publishing similar defamatory words. It claimed damages and an injunction restraining further publication.

8. The defendants filed their defence on the 23rd April 1992. They admitted publication of the words in Chinese, but denied or did not admit that the English translation of the words in the article and in the caption was a proper or accurate translation of the Chinese text. Paragraph 4 of the defence denied that those words in Chinese bore or were understood to bear or are capable of bearing the meanings alleged in paragraphs 6 and 7 of the statement of claim, or any other meaning defamatory of the plaintiff. Paragraphs 5 and 6, with which the submissions were much concerned, were in the following terms:

"5. Further or in the alternative, the said words in Chinese are fair comment made without malice upon a matter of public interest, namely, the conduct of the Plaintiff in relation to the acquisition of Hang Chong Investment Company Limited ('Hang Chong') by CITIC Pacific Limited.

Particulars of Facts and Matters Relied upon by the Defendants to show that the Conduct of the Plaintiff in Relation to the Acquisition of Hang Chong by CITIC Pacific Limited was a Matter of Public Interest

(a) The Plaintiff was at all material times and is the Chairman of the Hong Kong branch of China International Trust and Investment Corporation ('CITIC'), a state owned corporation based in Beijing directly responsible to the State Council of the People's Republic of China.

(b) The Plaintiff's father, Rong Yiren, was at all material times and is the chairman of CITIC, and the vice-chairman of the National People's Congress of the People's Republic of China.

(c) The Hong Kong branch of CITIC and its subsidiaries and associated companies in Hong Kong, including CITIC Pacific Limited, are hereinafter collectively referred to as 'CITIC Hong Kong'.

(d) Hang Chong was at all material times and is a public company limited by shares incorporated in Hong Kong.

(e) As at 28th March, 1991, the nominal capital of Hang Chong was HK$300,000,000.00 divided into 30,000,000 shares of HK$10.00 each. The amount of the capital paid up or credited as paid up was HK$210,318,370.00.

(f) Since 1986, CITIC Hong Kong has, under the direction of the Plaintiff, acquired substantial shareholdings in a number of publicly listed companies in Hong Kong, in particular a 20% stake in Hong Kong Telecommunications Limited and a 12.5% stake in Cathay Pacific Airways Limited.

(g) Hang Chong, through its numerous subsidiaries and associated companies, in particular Dah Chong Hong Limited, has a very wide and well established business interests in Hong Kong, including food, cosmetics products, transportation, household electrical appliances, construction materials, motor vehicles, advertisement, garments and fashions, and warehouses.

(h) The acquisition of Hang Chong by CITIC Pacific Limited was a matter widely publicized in newspapers and magazines in Hong Kong including Wen Wei Po and South China Morning Post, which have a wide circulation and readership in Hong Kong and Beijing.

Particulars of Facts and Matters on
which the Comment was Based

(a) On or about 3rd September, 1991, CITIC Pacific Limited announced the formation of a consortium, which involved the participation of certain well known business celebrities in Hong Kong, including Mr Li Ka shing, Mr Cheng Yu Tung and Mr Kuok Hock Nien, for the purpose of acquiring all the issued share capital of Hang...

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