19/09/2019
HCMP2801/2015 THE UNIVERSITY
OF HONG KONG v. HONG
KONG
COMMERCIAL
BROADCASTING
CO LTD AND ANOTHER
9. An originating summons formally commencing the proceedings was also
issued on 30 October 2015, by which the University seeks, among
other
things, (i) a declaration that the defendants are in breach of their duty of
confidence in using or disclosing without its consent any audio recording of
the meetings of the Council, and any agenda, papers and minutes of the
Council,
and (ii) an injunction restraining the use or disclosure of such
information.
10.
On
5 November
2015, by consent between the University
and the
1* defendant, I made an order discharging the injunction and giving leave for
the action to be discontinued
as against the
1* defendant,
upon
certain
undertakings given by the 1* defendant which broadly reflect the terms of
the injunction.
The action therefore continues now
solely as against the
2! defendant.
11.
On
6 November
2015,
the first return date of the injunction,
the
University sought an order continuing the ex parte injunction. With very
short notice,
five parties,
identified below,
appeared
in front of me
that
morning asking to intervene or be joined as defendants (as the case may be)
and opposing the continuation of the injunction on various grounds.
To give
the University a proper opportunity of response, the hearing was adjourned
to 24 November 2015.
The injunction was continued in the meantime but its
scope was curtailed, inter alia, by being limited to the meetings held from
30 June 2015 to the date of the order.
was revised and narrowed down.
were
removed.
Further,
The definition of the 2"? defendant
Protective orders relating to hearing papers
the public
domain
exception
was
revised
and
clarified to read:
“For the avoidance of doubt, nothing in this Order shall prevent the
Defendants from publishing, communicating or disclosing such of the
Information,
or ant part thereof, as was
already in, or that thereafter comes
into, the public domain (other than as a result of breach of this Order) ...”[1]
https: //legalref.judiciary.hk/Irs/common/ju/ju_frame.jsp? DIS=101619&currpage=T
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