hklii_samples/en_cases_hkoat/2007_HKOAT_1/summary-fast.yml

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YAML

plaintiff:
- Commissioner for Television and Entertainment Licensing Authority
defendant:
- Oriental Daily Publisher Limited
- The Sun News Publisher Limited
jurisdiction_code: null
jurisdiction_name: null
case_location:
- 香港特別行政區
- Hong Kong Special Administrative Region
case_reason: >-
Plaintiff, a celebrity couple, claims damages from defendants for the publication of photographs in
newspapers that they argue are indecent and cause distress, targeting their personal injuries and名誉权
case_object:
- photographs
- publications
judgment_result:
- charge: Indecency of the Oriental article (liability issue)
result: Found indecent. The photographs were given prominent effect and showed a half-naked body of
a model with gratuitous portrayals of her body and breasts, which are considered indecent.
- charge: Indecency of the Sun article (liability issue)
result: Found indecent. Similar to the Oriental article, the Sun article showed titillating and seductive
photographs of a half-naked model with gratuitous portrayals of her body and breasts, which are considered
indecent.
judgment_summary: >-
The case involves a celebrity couple suing Oriental Daily Publisher Limited and The Sun News Publisher
Limited for publishing indecent photographs causing distress. The court found both publications indecent,
as they prominently displayed half-naked bodies with gratuitous portrayals of the models' breasts. Evidence
on publishers' intentions was deemed irrelevant. The court excluded comparative evidence from other
publications. Orders were made in favor of the plaintiffs.
involved_entities:
- entity_name: Mr W LEUNG Esq
reason: Presiding Magistrate in OAT Tribunal
- entity_name: Ms LAM Koon-kun and Mr Tse Wun-shuen, Edward
reason: Adjudicators in the case
- entity_name: Miss Agnes Chan, SGC
reason: Counsel representing the Television and Entertainment Licensing Authority (TELA)
- entity_name: Mr Cheng Huan and Mr Paul Leung, instructed by Messrs Iu, Lai & Li
reason: Counsel representing the defendants
- entity_name: Oriental Daily Publisher Limited
reason: Defendant in the case
- entity_name: The Sun News Publisher Limited
reason: Defendant in the case