HCA21402008 amp; HCA5972009.doc

HCA2140/2008 HCA597/2009  IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE ACTION NO.?2140 OF 2008 BETWEEN ORIENTAL PRESS GROUP LIMITED 1st Plaintiff ORIENTAL DAILY PUBLISHER LIMITED. 2nd Plaintiff and FEVAWORKS SOLUTIONS LIMITED Defendant AND ACTION NO.?597 OF 2009 BETWEEN ORIENTAL PRESS GROUP LIMITED 1st Plaintiff ORIENTAL DAILY PUBLISHER LIMITED 2nd Plaintiff THE SUN NEWS PUBLISHER LIMITED 3rd Plaintiff MA CHING KWAN 4th Plaintiff and FEVAWORKS SOLUTIONS LIMITED 1st Defendant trading as ALIVE! MEDIA AND COMMUNICATIONS ALIVE! MEDIA COMMUNICATIONS 2nd Defendant LIMITED (HEARD TOGETHER) Before : Hon Yam?J in Chambers Dates of Hearing : 18 and 29 September 2009 Date of Judgment : 16 October 2009 J U D G M E N T The plaintiff’s application The plaintiffs in both actions herein (HCA2140/08 and 597/09) are seeking interlocutory injunction against the defendants (“Fevaworks”) in 2140, and “Fevaworks” “Alive! Media” in 597, to restrain them from publishing certain allegedly defamatory statements on the Internet against the plaintiffs. The matrix of facts together with the legal principals involved are similar and these 2?cases are considered together in one judgment. An understanding of the operation of the defendants is necessary before the consideration of the alleged defamation and legal principles. The defendants and their operation Golden Computer Centre in Shamshuipo is a famous shopping centre selling computer and its related products. According to the Project Manager of Fevaworks, Mr?Lam?Cho?Shun, a group of people interested in computer and information technology set up a website at . Information and content of the Website was provided by merchants of those shops at the Centre. This website provided a platform for merchants to exchange information on computer products and expose the improper operating method of unscrupulous merchants in order to warn customers. This platform is called “the F