由此
A
B
- 6 14.
There is no evidence of publication of the allegedly offending
words in Hong Kong by either SBI or Mr Jook. The only evidence of
A
B
publication is that there was a publication in Singapore. The assertions in the
C
statement of claim that:
D
D
“4.1 The e-mail was published via the Internet to Mr Jook��s
primary addresses in Hong Kong, Macau and elsewhere
(“publication”).
E
F
I
E
F
4.2
The e-mail was also re-published to persons to whom the
e-mail was on-forwarded (electronically or otherwise) by the
primary addressees (“re-publication”). ”
G
H
C
are quite without any evidential basis whatsoever, except in so far as the
expression “elsewhere” necessarily includes Singapore. It is right that the
G
H
I
burden is on the defendants as the applicant for a stay. They discharge that
J
K
burden by pointing to the statement of claim and showing that the e-mail was
published only in Singapore. As to re-publication there is no allegation of
J
K
any act against them in Hong Kong.
L
M
L
15.
Emperor have had every opportunity to substantiate publication
M
in Hong Kong or elsewhere other than Singapore, or re-publication by either
N
O
of the defendants, and have failed to do so. Singapore is consequently, prima
facie, the natural forum for the determination of the dispute.
P
N
O
P
16.
I am satisfied that the answer to the stage 1 question is: Yes.
Q
Q
17.
Mr Houghton did not assert as to the deprivation of any
R
R
particular personal or juridical advantage that Emperor may suffer as a result
S
T
of the trial taking place in Singapore. The suggestion was vaguely made that
there was nothing to show that the Singapore Court would have jurisdiction
S
T
U
U
V
V