单词 | Apology |
释义 | 道歉 An expression of regret for the publication of defamatory material coupled with an unqualified acknowledgement of the falsity of the statement and an offer to withdraw it. An apology could be a sincere expression of regret or mere admission of guilt: Hung Yuen Chan Robert v Sing Tao Ltd & Anor [1996] 4 HKC 539 (HC). Damages should not be reduced on account of what the defendants said, especially if/when the apology was so late as to be practically worthless and when one considered the conduct of the defendants up to that time: Chan Kwong Wai v Lo Sau King & Ors [1963] HKLR 692. The court should only impose an order of apology on an unwilling and unrependant defendant in rare circumstances, but in such cases the court should adjust the damages awarded to reflect the refusal to give an apology: Ma Bik Yung v Ko Chuen [2000] 1 HKC 745 (CA). See also Defamation; Mitigation; Offer of amends; Retraction. |
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