19/09/2019 HCMP2801/2015 THE UNIVERSITY OF HONG KONG v. HONG KONG COMMERCIAL BROADCASTING CO LTD AND ANOTHER Date of Judgment: 30 November 2015 DECISION Background 1. This application for an interlocutory injunction, pending trial, has arisen in connection with the discussions in the Council of the University of Hong Kong (which I shall call the “Council” and “University” respectively) on the appointment of the Vice-President and Pro-Vice Chancellor (Academic Staffing & Resources) of the University (“the Appointment Issue’). 2. The issue came up for a final decision at the meeting of the Council held on 29 September 2015 (“29 September 2015 Meeting”) to consider the Appointment Issue and various other items in respect of the financial affairs and the management of the University. (A brief description of the events leading to this meeting is set out in paragraphs 76-79 below.) The meeting started at 5 pm and lasted until approximately 7:30 pm. Discussions on the Appointment Issue lasted for about an hour in which more than 15 members of the Council expressed their views. 3. Immediately members which after the meeting on 29 September 2015, one of the of the Council, Mr Billy Fung, held a press conference during he attempted to summarise some of the discussions on the Appointment Issue and disclosed certain statements said to have been made by other specified members of the Council during the meeting. (That summary is described in paragraph 80 below.) 4. On 30 September 2015, the Chairman of the Council issued a statement condemning Mr Fung’s action as a serious breach of the confidentiality of the discussions of the Council. The alleged breach of confidentiality by Mr Fung was tabled for consideration by the Council 27 October 2015. at its meeting on In the event, that item was adjourned in order to provide additional time for Mr Fung to respond to or comment on the matter with legal advice. https: //legalref.judiciary.hk/Irs/common/ju/ju_frame.jsp? DIS=101619&currpage=T 2/33