-7A
B
A
not making any changes on a case by case basis is also prima facie
B
contrary to the Ombudsman’s recommendation that the ISD, pending
C
C
completion of its review, should be more flexible in dealing with requests
D
and give access wherever possible.
E
E
15.
F
D
It seems to me there is a reasonably arguable case for
judicial review, at any rate for some of the relief sought. Important issues
F
are raised concerning access of persons working for online media. The
G
G
decision challenged dated 11 January 2017 was the first general
H
I
indication after the Ombudsman’s report. In any event, it is a continuing
policy with wide ramifications. Insofar as an extension of time is needed,
H
I
I would grant it. Accordingly, I would grant the application for leave to
J
apply for judicial review.
K
16.
L
M
As for the Applicant’s application for interim injunction, the
principles governing the grant of interlocutory injunction are not in
dispute. They involve examining (i) whether there are serious issues to
J
K
L
M
be tried in the application for judicial review; (ii) whether damages would
N
O
be an adequate remedy for either party (though, in a public law case of
this kind, the adequacy of damages as an alternative remedy is of less
N
O
relevance); and (iii) whether the balance of convenience lies in favour of
P
Q
granting or refusing interim relief. In this last stage, in the public law
context, it is important to have regard to the wider perspective of public
P
Q
interest: Society for Protection of the Harbour Ltd v Chief Executive in
R
S
Council [2003] 3 HKLRD 960, §§10–13 per Hartmann J; Man Hing
Medical Suppliers (International) Ltd v Director of Health and Another
R
S
(unrep, HCAL 62/2014, 7 January 2015), §7 per Au J; see also Cheung
T
U
V
Tak Wing v Communications Authority (unrep, HCAL 60/2015, 12 June
2015) at §§23–30 per Au J.
T
U
V