Kingkongkong
2021-10-18 15:34:12
On this, i can chime in.
HK does not have its own case law in tort of harrassment.
But it has changed since Lau Tat Wai v Yip Lai Kuen [2013] 2 HKLRD 1197.
Anthony Chan J awarded Lau (P) ----the victim being harrassed by Yip (D) for 4 years----aggregate damages in the amount of $600k for suffering in feelings, dignity, pride, mental discomfort and distress, plus $200k for exemplary damage made in relation to deterring the culprit from harrassing anybody in future. There was special damage and injunction awarded too. Usually, special damage compensates for lost wages/earning capacity, medical expenses, etc. But each case is measured based on its own facts.
Another case is Lin Man Yuan v Kin Ming Holdings International Ltd [2015] HKC 1012, which considered the above case when awarding damages. In the end: an aggregate damage of $300k and an exemplary damage of $150k were awarded.
Tort of harrassment remains a nebulous area of law. That means HK courts are not so inclined to find a cause of action under this heading, given that there is no guiding principle for establishing such cases.