Sir Elly Kadoorie & Sons Ltd v Samantha Jane Bradley 

[2024] HKCA 747, the Court of Appeal considered the novel question of whether a company can sue for harassment.

The Plaintiff (on behalf of itself, and also its officers, employees and agents) claimed against the Defendant (an ex-employee) for harassment arising out of a large number of emails sent by the Defendant allegedly containing hostile and unfounded accusations.

Chow JA, giving the Judgment of the Court, considered the genesis of the tort of harassment in Hong Kong in detail, and also reviewed the principles relating to the Court’s broad jurisdiction to grant injunctions, drawing upon the recent UKSC authority in 

Wolverhampton City Council v London Gypsies and Travellers 

The Court held that in circumstances where the alleged harassment was directed institutionally at the Plaintiff and visited upon its officers, employees and agents by reason of their roles in the Plaintiff, the Court had jurisdiction to grant injunctive relief to the Plaintiff, regardless of whether the Plaintiff itself could sue in its own capacity in the tort of harassment.

In any event, the Court also accepted that there was scope for the common law tort to develop incrementally to permit a corporate entity to bring an action for harassment in its own capacity. In those circumstances, the Court found that the Plaintiff’s contentions were reasonably arguable and there was no basis to strike out the Plaintiff’s claim, thus overturning the decision of the judge below.

, instructed by Simmons & Simmons, acted for the Plaintiff.

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