19/09/2019 HCMP2801/2015 THE UNIVERSITY 53. OF HONG KONG v. HONG KONG COMMERCIAL BROADCASTING CO LTD AND ANOTHER The precise content of the public interest defence remains to be settled as a matter of Hong Kong law. This first instance interlocutory application is hardly the appropriate occasion to attempt to do so. Since the plaintiff has proceeded on this application on the basis that Hong Kong law is broadly similar to English law in this respect, I am content to proceed on a similar basis without deciding the matter. Approach on application for interim injunction 54. This is of course not the trial of the action but merely an application for interim injunction, pending the trial of the action. temporary, lasting only until trial, whose Such an injunction is purpose is to preserve the status quo until the rights and obligations of the parties can be properly and finally determined. 55. The principles governing the grant of interim injunction in a general case are well established. The court has first to assess whether there is a serious issue to be tried on the merits of the plaintiff’s claim for final relief. It will then consider whether damages would be an adequate remedy for either side for the loss and damage that might be caused by the grant of, or refusal to grant, the interim injunction. Finally, where damages would not be adequate, the court considers where the balance of convenience or balance of risks of injustice lies. See American Cyanmid Co v Ethicon Ltd |1975| AC 396. 56. In the present case Mr Lee SC and Mr Shum constitutional freedom of expression is involved. emphasised that the Article 27 of the Basic Law provides: “Hong Kong residents shall have freedom of speech, of the press and of publication ...”. Article 16 of the Hong Kong Bill of Rights makes more elaborate provision, as follows: (1) Everyone shall have the right to hold opinions without interference. (2) Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice. (3) The exercise of the rights provided for in paragraph (2) of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary- https: //legalref.judiciary.hk/Irs/common/ju/ju_frame.jsp? DIS=101619&currpage=T 18/33