由此 - 5 - A 1. Is it shown that Hong Kong is not only not the natural or appropriate forum for the trial, but that there is another B A B available forum which is clearly or distinctly more appropriate C than Hong Kong? D D 2. E If the answer to 1 is yes, will a trial in this forum deprive the plaintiff of any legitimate personal or juridical advantages? F 3. If the answer to 2 is yes, the court has to balance the advantages of 1 against the disadvantages of 2. H G H 12. J E F G I C It is equally well-established law that the publication of a defamation occurs at the place where the statement is seen or received by another person: Gatley on Libel and Slander 10th Ed § 6.1 and Bata v Bata I J [1948] WN 366. In relation to publication by input into a computer, it is the K L place where a person downloads the material which constitutes publication, not the place where the material was input into the computer: Dow Jones & K L Co Inc v Gutnick [2002] HCA 56. M N M 13. Berezovsky is a case concerning defamation. It is not without N significance in relation to the present case that the following passage appears O O in the headnote to the report of the decision of the Court of Appeal, ([1999] P Q R S EMLR 278), which decision was upheld by the House of Lords: “Where there was no complaint of substance that a tort had been committed in England, either because the publication had only an insignificant English circulation or because the plaintiff had no connection with, or reputation to protect in, this country, the plaintiff would fail to establish that English jurisdiction satisfied the Spilada test.” P Q R S T T U U V V