On July 15, 2008, a Statement in Open Court was read. Mr. Koo stated that in appreciation of the sincere move of the defendants to make three payments into court in satisfaction of his claim on damages increasing the total sum to HK$600,001, and considering that his good reputation will thereby be vindicated and the citizens’ rights to democracy and freedom of expression respected and upheld, Mr. Koo has decided to accept this payment into court and bring these proceedings to an end. (Apple Daily and other defendants had, on December 28, 2007, paid into court a sum of HK$200,001 in satisfaction of Mr. Koo’s claim, and a further sum of HK$200,000 on March 14, 2008, and finally on June 5, 2008 a further sum of HK$200,000, making the sum of their payment into court a total of HK$600,001.)
Mr. Koo emphasized that he had never desired to make money out of the legal proceedings against Apple Daily, its related columnist and editor-in-chief (at the time of the publication). He resolved to commence these proceedings to vindicate his reputation and to strive for the message that Hong Kong citizens’ freedom of expression is inviolable. Mr. Koo stated that he was not acquainted with the defendants. Mr. Koo believed that the attacks made by the defendants came after he made an open declaration which advocated democracy and universal suffrage through gradual process, and supported the Hong Kong government’s proposal on constitutional reform, by way of an announcement published on November 16, 2005 in 16 local newspapers.
Mr. Koo found the article entitled “他們要繁榮穩定” written by古德明先生 and published in page A22 of Apple Daily on November 26, 2005 seriously defamatory and containing unreasonable accusations on him. Mr. Koo considered that the article imputed that he had condemned and accused Hong Kong citizen’s petition for universal suffrage as “total disregard of the law”. On top of those unfounded allegations, it was further imputed that Mr. Koo was a hypocrite and that his political stance was a mere façade to hide his greedy motive of obtaining pecuniary benefit from the government. Mr. Koo considered that there was no truth in the purported criticisms and they were a grave distortion of his views. Therefore, Mr. Koo resolved to commence libel proceedings against the defendants to vindicate his reputation and to uphold Hong Kong citizens’ rights to freedom of expression, in order to realize the true spirit of democracy.
The defendants denied and relied on the defence of justification and fair comment. Notwithstanding Mr. Koo’s institution of libel proceedings against them, on February 4, 2006, 古德明先生 in another article published on page A18 of Apple Daily entitled “曾蔭權督製他鼎” in which Mr. Koo was described as part of a “合唱團”, and it implicated that he was a person who follows the stance of the government in resisting Hong Kong’s development on democracy. This was done so notwithstanding that Mr. Koo had said nothing more on the issue of constitutional reform publicly since his announcement.
For his part, Mr. Koo has never been deterred by the defence and the defendants’ further attack on him. His belief that his good name would be vindicated and freedom of speech and true democracy upheld by these proceedings remains throughout unshaken. The trial was due to start on July 14, 2008. On June 5, 2008, the defendants made the third incremental payment into court. Although the payment was made without any admission of liability by the defendants and that there was no retraction or apology made by them in pursuance of Mr. Koo’s claim, it was appreciated that the defendants made a sincere move to increase payment twice, by a substantial margin of HK$200,000 on each occasion, and that the ultimate sum of HK$600,001 being paid in was indeed a very substantial sum of money. Confident that his good reputation will thereby be vindicated and freedom of expression upheld, Mr. Koo has decided to accept this substantial payment into court and bring these proceedings to an end.
Mr. Koo has never desired to make money out of this action. He had made it plain earlier on that the entire sum of damages which he has recovered from this action, together with any legal costs that he may be awarded plus interest, will be donated to relief funds for the Sichuan earthquake. He hoped that his humble donation, together with his two previous donations (including RMB2 million to 深圳慈善基金 (Shenzhen Charity Fund] for earthquake relief one week after the tragic event and HK$300,000 to Green Field Foundation for rebuilding schools destroyed during the earthquake), would help, in both monetary and spiritual sense, the relief and recovery of his compatriots who tragically suffered from the earthquake and its aftermaths.
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