sufficient. The nature of the material published in the case before me is such
that, in the nature of things, one would expect what is said about the plaintiffs
to spread from mouth to ear quickly amongst those who might do business with
them. In these circumstances, I would regard a significantly smaller number
than 157 as sufficient.
Connections and Reputation
I have some little difficulty with a consideration of “the extent to which
the plaintiff had connections with, and a reputation to protect in, this country”
(My emphasis.). Hirst, LJ, in the Berezovsky case at page300, did use the conjunctive “and” in stating the principle, but I am not sure that the two factors are
independent. In Kroch v Rossell [1937] 1 All ER 725, which Hirst, LJ cited
with approval, Slesser, LJ said at 729B –
“. . . if there were evidence in a particular case that a person had a
reputation in this country to be defamed, or was known here, or
traded here, or had a professional or social connections, it might
be that the circulation of a very few copies might do him very serious and irreparable harm.”
I suggest that the fundamental consideration is the extent to which the
plaintiffs have a reputation in Hong Kong to protect. The degree to which the
plaintiffs have connections here is evidence that they have, or have not, a reputation here that merits protection.
The Natural Forum for the Resolution of the Dispute
There can be no doubt that what is alleged by the plaintiffs constitutes
serious libels by the defendants. Publication of the libels in Hong Kong would
be torts committed in Hong Kong. The plaintiffs do not, by their statement of
claim, expressly confine their action to the torts committed, and the damage
sustained, in Hong Kong. But damage in Hong Kong in a libel case can flow
only from a publication in Hong Kong. So, whether they say so or not, the
plaintiffs are confined in their action to a tort committed in Hong Kong causing
damage in Hong Kong. Mr Jat assures me that this is the plaintiffs’ intention,
and, indeed, the second plaintiff’s evidence relates to publication and damage
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