The Alleged Libels
The plaintiffs allege that one article was posted on the Internet, and
“was published to members of the public throughout the world, including Hong
Kong, who had access to the Internet.”. It is said that the other article was published in a magazine, and was published “to members of the public who were
readers [of the magazine], including readers in Hong Kong which is one the
places where [the magazine] is distributed.”. On the face of them, the articles
are grossly libellous of the plaintiffs.
The Relief Claimed
The plaintiffs claim damages, including aggravated and exemplary damages. One of the allegations in this connection is that the defendants “calculated
that the benefits to them through increased circulation . . . would outweigh any
compensation payable” to the plaintiffs. The plaintiffs also claim an injunction
against republication.
Leave to Serve out of the Jurisdiction
On 20 November 1997, the plaintiffs obtained leave to serve the writ on
the defendants in Japan. They obtained this leave on an ex parte application
supported by an affirmation by their solicitor. The affirmation said that one article was posted on the Internet “and could be read by people in Hong Kong
able to access the Internet”, and the other article appeared in the magazine “distributed in various places including Hong Kong”. The solicitor said that the application fell within Order 11, rule 1(1)(f) of the Rules “on the grounds that the
proposed claim is founded on the tort of libel and the damage was sustained
within the jurisdiction.” That rule applies to cases where “the claim is founded
on a tort and the damage was sustained, or resulted from an act committed,
within the jurisdiction.”
The Defendants’ Application
On 7 July 1998, the defendants applied to have the writ, the service and
all subsequent proceedings set aside. During those proceedings, the Master
made an order on 8 December 1998 that, unless the defendants filed and served
evidence in reply to that of the second plaintiff by 4pm on 22 December 1998,
2