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A
B
136.
Mr. Remedios says that damages should be nominal.
Mr. Remedios argues that this should be the case for the following
C
A
B
C
reasons:D
(1)
There is no evidence that the libel was published (in the sense
of being downloaded) in Hong Kong.
E
(2)
F
There is no evidence that ARY had any reputation in Hong
D
E
F
Kong.
G
G
H
137.
On his first objection, Mr. Remedios went so far as to suggest
H
that the claim should be dismissed outright.
I
I
J
138.
Mr. Remedios relied on a number of cases suggesting that an
J
article in the internet is published where it is accessed and downloaded. If
K
L
so, according to Mr. Remedios, there being no oral or documentary
evidence from the Plaintiffs expressly stating that the Article was
K
L
downloaded in Hong Kong, there can have been no publication in Hong
M
Kong and the claim should be rejected.
N
N
139.
I am not persuaded by the argument.
O
O
P
M
140.
The majority of cases relied upon by Mr. Remedios concern
P
the question whether a defamation took place in some home jurisdiction for
Q
the purpose of service abroad.
R
R
141.
S
T
Q
Thus, for example, in the Hong Kong situation, assume it is
S
proposed to sue someone outside the jurisdiction for the tort of defamation.
In such case, it may be necessary in order to obtain leave for service of a
T
writ outside Hong Kong for a plaintiff to show that the defamation took
U
U
V
V
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