由此
- 37 -
A
B
A
place here. Otherwise, the Hong Kong Court may not be able to assume
extra-territorial jurisdiction under Order 11.
C
C
D
E
142.
The situation in this case is different.
B
Here a party
(the Plaintiffs) has sued a Hong Kong company (ATOL) as of right in
D
E
Hong Kong. There is no need to obtain leave for service outside of the
F
G
H
I
jurisdiction and therefore no need to establish that the defamation took
place here.
143.
F
G
On the other hand, in the case of Al Amoudi v. Brisard [2007]
1 WLR 113 (also relied upon by Mr. Remedios) the question was whether,
H
I
in the absence of a positive defence, the claimant could strike out a bare
J
K
denial by the defendant that there had been no substantial publication of
certain offending words in England. The claimant argued that there was a
J
K
rebuttable presumption of law that an article on an internet website, being
L
M
open to everyone in the world, had been published in England. Gray J held
that there was no such presumption, although publication in England could
L
M
be inferred as a matter of fact from all the circumstances of a case.
N
N
O
144.
Al Amoudi is no authority for the proposition that, in the
O
absence of proof of publication in Hong Kong, a party cannot sue in Hong
P
Kong for the publication of a libel elsewhere.
Q
Q
145.
R
P
Here there can be little doubt that the Article was accessed by
R
third parties outside Hong Kong.
S
S
T
T
U
U
V
V
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