has not registered its business in Hong Kong and the second plaintiff does not
hold a Hong Kong identity card. This I do not accept is enough to negative the
solid evidence from the plaintiffs that they have a sufficient connection with
Hong Kong to have established a reputation here that deserves protection. Indeed, I would have been satisfied with far less than the plaintiffs have established. Even if it were so that, say, a plaintiff had a presence in Hong Kong only once a year for the purpose of doing business here, such as we have with
people who sell insurance and retirement homes in Spain and Cyprus, and a defendant published of that plaintiff in a foreign magazine with only limited circulation in Hong Kong that the plaintiff sold his insurance or his properties
fraudulently, I would regard that as a sufficient basis to justify taking proceedings in Hong Kong to protect the plaintiff’s reputation here. If a plaintiff has a
reputation in Hong Kong, as the plaintiffs in this case have undoubtedly established they have, it is not right to tell him to go elsewhere to vindicate that reputation. The place to vindicate a damaged reputation in Hong Kong is in Hong
Kong, not in Japan or somewhere else.
The Result
In the result, I am satisfied that the plaintiff has established that it is
right that it should have leave to proceed with this action in respect of the tort
committed in Hong Kong and the damage sustained in Hong Kong. Hong Kong
is, in my view, clearly “the natural forum for the resolution of the dispute.”; the
dispute being one concerning the alleged libels published in Hong Kong resulting in damage sustained in Hong Kong. The appeal is dismissed.
The Costs
I have heard no argument on costs but there seems no obvious reason
why they should not follow the event. It also seems to me that this is not the
usual sort of interlocutory proceeding that would justify the costs being awarded in any event. I make an order nisi that the defendants pay the plaintiffs’
costs both here and below, recoverable immediately.
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