Hong Kong Court Cuts Defamation Sentence: 21 Days Prison to HK$2.5M Fine, June 12

Hong Kong’s Court of Appeal on June 11 reduced a contempt of court sentence for Pan Chiu-hung, chairman of Centre for Monitoring. The court replaced his 21-day jail term with a HK$2.5 million fine. Pan had violated a court injunction by failing to remove defamatory posts about former aide Pan Siu-man on Facebook and YouTube. The appeal decision signals courts may prefer financial penalties over imprisonment for injunction breaches in civil cases.

What Pan Posted and Why He Was Sued

In March 2024, Pan Chiu-hung posted on Facebook and YouTube that Pan Siu-man stole a white jade Buddha statue from Tze Shan Temple and took masks. Pan Siu-man sued for defamation. The High Court issued an injunction ordering Pan Chiu-hung to stop posting and remove all content. Pan Chiu-hung admitted he violated the order but only converted five videos from public to private instead of deleting them outright.

The Original Sentence and Appeal Arguments

In November 2024, the trial judge sentenced Pan Chiu-hung to 21 days in jail for contempt of court. Pan appealed, arguing he eventually complied by removing the videos and that jail was excessive. His lawyer cited similar cases where courts imposed fines of HK$2 million instead of prison time. Pan Siu-man’s lawyer countered that the videos had over 40,000 views and caused lasting reputational damage, arguing jail time was justified.

Why the Court Changed Its Mind

Three appeal judges ruled that imprisonment was disproportionate. The court acknowledged Pan violated the injunction but found that converting videos to private status eventually complied with the removal order. The judges noted Pan’s serious breach of the court order but decided a HK$2.5 million fine better balanced punishment with the circumstances. Pan must pay by July 23, 2026. He also owes HK$400,000 in legal costs from the original case.

What This Means for Defamation Cases

The ruling suggests Hong Kong courts now favor financial penalties over jail time for civil contempt breaches, especially when the defendant eventually complies. The decision reflects judicial concern about using imprisonment as a first resort in defamation disputes. However, the court emphasized that widespread online harm—the videos reached 40,000 viewers—remains a serious aggravating factor in sentencing.

Final Thoughts

Pan Chiu-hung’s sentence reduction from 21 days to HK$2.5 million shows Hong Kong courts prefer fines over jail for civil contempt. The ruling balances accountability with proportionality in defamation cases involving online content.

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