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A
B
-
otherwise agree with his analysis and conclusion on proportionality.
As
is entirely consistent with the Secretary’s stance throughout that he does
A
B
not seek to ban the Song per se but only targets the 4 Acts, Mr Yu fairly
C
D
accepts that the injunction should contain exceptions to make it crystal
clear that legitimate acts and activities in connection with the Song will not
C
D
be prohibited.
E
E
D2.5 With contra mundum effect binding on newcomers
F
G
78.
The fifth aspect of the injunction is its contra mundum effect.
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G
For it to be truly effective, the injunction applies to everyone in Hong
H
I
Kong. It binds not only the Defendants but also “newcomers”, that is,
persons who are not parties to the proceedings.
They are neither the
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I
Defendants nor identifiable, and who have not yet committed or threatened
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to commit the prohibited acts, but may do so in the future.
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K
79.
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M
J
In this regard, Mr Chan draws our attention to the perceived
lack of opportunity for a non-party to be heard and make contrary
representations prior to being made subject to the injunction, and possible
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M
liability for contempt irrespective of whether he knows of its contents when
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it has been served by alternative means. His submissions largely echo the
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Judge’s concerns summarized at [12] above.
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80.
Q
In Wolverhampton, after reviewing the authorities of the lower
courts, some of which support the Judge’s and Mr Chan’s concerns, such
N
O
P
Q
as Canada Goose UK Retail Ltd v Persons Unknown [2020] 1 WLR 2802
R
S
(CA), the UK Supreme Court clarified the law in relation to newcomer
injunctions and authoritatively put them on a firm juridical basis in equity.
R
S
For present purposes, the following main points made by the Supreme
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Court will suffice:
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U
U
V
V