Hong Kong Regulations

THE RULES OF THE HIGH COURT - ORDER 82

DEFAMATION ACTIONS

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 25 of 1998 s. 2 1. Application
(O. 82, r. 1)

These rules apply to actions for libel or slander subject to the following
rules of this Order.

2. Indorsement of claim in libel action (O. 82, r. 2)

Before a writ in an action for libel is issued it must be indorsed with a
statement giving sufficient particulars of the publications in respect of
which the action is brought to enable them to be identified.

3. Obligation to give particulars (O. 82, r. 3)

(1) Where in an action for libel or slander the plaintiff alleges that the
words or matters complained of were used in a defamatory sense other than
their ordinary meaning, he must give particulars of the facts and matters on
which he relies in support of such sense.

(2) Where in an action for libel or slander the defendant alleges that, in so
far as the words complained of consist of statements of fact, they are true in
substance and in fact, and in so far as they consist of expressions of
opinion, they are fair comment on a matter of public interest, or pleads to
the like effect, he must give particulars stating which of the words
complained of he alleges are statements of fact and of the facts and matters
he relies on in support of the allegation that the words are true.

(3) Where in an action for libel or slander the plaintiff alleges that the
defendant maliciously published the words or matters complained of, he need
not in his statement of claim give particulars of the facts on which he relies
in support of the allegation of malice, but if the defendant pleads that any
of those words or matters are fair comment on a matter of public interest or
were published on a privileged occasion and the plaintiff intends to allege
that the defendant was actuated by express malice, he must serve a reply
giving particulars of the facts and matters from which the malice is to be
inferred.

(4) This rule shall apply in relation to a counterclaim for libel or slander
as if the party making the counterclaim were the plaintiff and the party
against whom it is made the defendant.

4. Provisions as to payment into court (O. 82, r. 4)

(1) Where in an action for libel or slander against several defendants sued
jointly the plaintiff, in accordance with Order 22, rule 3(1), accepts money
paid into court by any of those defendants in satisfaction of his cause of
action against that defendant, then, notwithstanding anything in rule 3(4) of
that Order, the action shall be stayed as against that defendant only, but-

   (a)  the sum recoverable under any judgment given in the plaintiff's favour
        against any other defendant in the action by way of damages shall not
        exceed the amount (if any) by which the amount of the damages exceeds
        the amount paid into court by the defendant as against whom the action
        has been stayed, and

   (b)  the plaintiff shall not be entitled to his costs of the action against
        the other defendant after the date of the payment into court unless
        either the amount of the damages awarded to him is greater than the
        amount paid into court and accepted by him or the judge is of opinion
        that there was reasonable ground for him to proceed with the action
        against the other defendant.

(2) Where in an action for libel a party pleads the defence for which
section 4 of the Defamation Ordinance ( Cap 21) provides, Order 22, rule 7,
shall not apply in relation to that pleading.

5. Statement in open court (O. 82, r. 5)

(1) Where a party wishes to accept money paid into court in satisfaction of a
cause of action for libel or slander, malicious prosecution or false
imprisonment, that party may before or after accepting the money apply to a
judge in chambers by summons for leave to make in open court a statement in
terms approved by the judge.

(2) Where a party to an action for libel or slander, malicious prosecution or
false imprisionment which is settled before trial desires to make a statement
in open court, an application must be made to the  Court for an order that an
action be set down for trial, and before the date fixed for the trial a
statement must be submitted for the approval of the judge before whom it is to
be made. (L.N. 404 of 1991)

6. Interrogatories not allowed in certain cases (O. 82, r. 6)

In an action for libel or slander where the defendant pleads that the words or
matters complained of are fair comment on a matter of public interest or were
published on a privileged occasion, no interrogatories as to the defendant's
sources of information or grounds of belief shall be allowed.

7. Evidence in mitigation of damages (O. 82, r. 7)

In an action for libel or slander in which the defendant does not by his
defence assert the truth of the statement complained of, the defendant shall
not be entitled on the trial to give evidence in chief, with a view to
mitigation of damages, as to the circumstances under which the libel or
slander was published, or as to the character of the plaintiff, without the
leave of the judge, unless 7 days at least before the trial he furnishes
particulars to the plaintiff of the matters as to which he intends to give
evidence.

8. Fulfilment of offer of amends under section 25 of the Defamation Ordinance
(O. 82, r. 8)

(1) An application to the Court under section 25 of the Defamation  Ordinance
( Cap 21) to determine any question as to the steps to be taken in fulfilment
of an offer of amends made under that section must, unless the application is
made in the course of proceedings for libel or slander in respect of the
publication to which the offer relates, be made before a judge in chambers.

(2) An originating summons by which such an application is made shall be in
Form No. 10 in Appendix A. (Enacted 1988)