- 15 A B A 34. I appreciate that many online-only media (and their audience) B may desire strongly that such media should enjoy access in order to cover C C the Chief Executive Election. But I cannot see how I can assume the D E function of making policy and by the mandatory injunction sought by the Applicant here require the Secretary and the Director to give access to a D E certain class of such journalists and effectively to transfer their F gate-keeping function entirely to the Applicant. G G 35. H I F Accordingly, having regard to all the circumstances including the nature of the injunction sought, the proper separation of the courts from executive functions, the lack of a high degree of assurance H I that the interim injunction sought would be found at trial to have been J K rightly granted, the lateness of the application, and the concern for maintenance of security and order at the Chief Executive Election, J K I dismiss the application for interim injunction. L L M M N O (Godfrey Lam) Judge of the Court of First Instance High Court P Q R N O P Mr Johannes Chan SC and Ms Alison Choy, instructed by L & L Lawyers, for the Applicant Mr Victor Dawes SC and Mr Johnny Ma, instructed by Department of Justice, for the Putative Respondents Q R S S T T U U V V