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發表於 2012-11-21 09:29:38
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如果你當眾大聲叫：
This means publication to the public (third parties). Presumption is made here that some one has heard it.
(1) 一個係同性戀嘅男人「基佬」
"Gay" revolutionarily is a term in a subtle way to describe a homosexual person. Nothing defamatory as compared to "poof" etc. in English. The word "gay" in fact was meant to be complimentary or perhaps laudatory. 「基佬」on the other hand may well in Hong Kong be considered as degrading a person being homosexual. If so, it is defamatory and is actionable if damage can be sustained. The possible defence may be "stating the fact" or "fair comment".
(2) 一個係同性戀嘅男人「死基佬」
「死基佬」, subject to the above comments, would be more likely to be defamatory as with the word "dead". Not actionable per se as damage is still required for an action of defamatrion.
(3) 一個唔係同性戀嘅男人「基佬」
More likely to be defamatory if the person believes that the saying is degrading his status and "fair comment" may not be a defence.
(4) 一個唔係同性戀嘅男人「死基佬」
Subject to the above comments, this would be more likely to be defamation but still not actionable per se. Damage is necessary.
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樓主: smuck141
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