-7A
A
21.
B
C
Ms Tam SC, with Mr Chain, for Chor submitted that family
and personal matters are capable of being confidential in nature: see
Halsbury’s Laws of Hong Kong (2nd ed) Vol.47 at §380.523 (referring to
B
C
Michael Barrymore v News Group Newspapers Ltd [1997] FSR 600 at 602).
D
E
I agree. In my view, the context in which and the purpose for which
information was elicited and provided are also relevant. In these respects,
D
E
the evidences of the parties are conflicting.
F
G
F
22.
The content of the Video and the caption referring to the Chor
G
couple together with their photograph in the Article speak for themselves.
H
I
They consist of matters personal and private to the Chor couple and family.
There were also moments of expression of feelings and emotion about the
H
I
family relationship. Arguably they would not be known without being
J
K
revealed; and would not be revealed without being asked about. I agree
with Ms Tam SC that to dissect the Information piece by piece is not
J
K
profitable for the present purpose of determining whether the same is
L
M
N
confidential in nature.
23.
Mr Hughes submitted that the Chor couple gave the
Information freely. But that did not necessarily take away the confidential
L
M
N
nature of the information or the duty of confidence in respect of that. All
O
P
depend on whether the Information was provided in circumstances where
one would expect confidentiality to be respected; and where the
O
P
Information was only supposed to be used for specific purposes as
Q
understood at the time when the Information was provided: see Li Yau Wai
Q
R
Eric v Genesis Films Ltd [1987] HKLR 711 at 719C and G.
R
S
24.
S
T
In Li Yau Wai Eric, an exception was suggested, namely that it
was the plaintiff who sought publicity. Indeed Mr Hughes for Solabarrieta
T
U
U
V
V