Hong Kong Ordinances

DEFAMATION ORDINANCE - SECT 19

Consolidation of actions

(Past version on 30/06/1997).

Amendments retroactively made - see 25 of 1998 s. 2

(1) It shall be competent for the Court of First Instance, on an application
by or on behalf of 2 or more defendants in actions in respect to the same, or
substantially the same, libel brought by one and the same person, to make an
order for the consolidation of such actions; and after such order has been
made, and before the trial of the said actions, the defendants in any new
actions instituted in respect to the same, or substantially the same, libel
shall also be entitled to be joined in a common action on a joint application
being made by such new defendants and the defendants in the actions already
consolidated. (Amended 25 of 1998 s. 2)

(2) In such consolidated action the jury shall assess the whole amount of the
damages, if any, in one sum, but a separate verdict shall be taken for or
against each defendant in the same way as if the actions had been tried
separately; and if the jury have found a verdict against the defendant or
defendants in more than one of the actions so consolidated, they shall proceed
to apportion the amount of damages which they have so found between and
against the said last-mentioned defendants; and similar provisions shall apply
if the trial is before a judge without a jury. The judge at the trial, if he
awards to the plaintiff the costs of the action, shall thereupon make such
order as he may deem just for the apportionment of such costs between and
against such defendants.

(3) This section shall apply to actions for slander and to actions for slander
of title, slander of goods or other malicious falsehood as it applies to
actions for libel; and references to the same, or substantially the same,
libel shall be construed accordingly. (Added 33 of 1961 s. 10) [cf. 1952 c. 66
s. 13 U.K.]

(9 of 1901 s. 5 incorporated) [cf. 1888 c. 64 s. 5 U.K.]