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court in special circumstances where publicity would prejudice the interests
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B
of justice.
15.
Chor’s application was based on ground (ii) above. The major
concern expressed was that the public has been and would still be induced
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D
by the press reports of this case to attempt to gain access to the Video on
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the internet; and therefore the private lives of Chor and his family would be
exposed to the public. Experience from the last hearing before Mimmie
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Chan J was cited. It was argued that the very purpose of the injunction,
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even if granted, would be rendered pointless, if the publicity of this hearing
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continued.
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16.
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H
I do not agree.
The private lives of Chor’s family were
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exposed because of the Video and the caption in the Article placed on the
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J
internet, not the commencement of this action or court hearings or the press
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reports of them. Otherwise, but by no means suggesting that it would have
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been allowed (if made), an application should have been made for an
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anonymity order when Chor intended to commence the present action (like
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what the torture claimant sought in Re Bu [2012] 4 HKLRD 417, a case
cited by both parties).
17.
That the public has been induced to gain access to the Video
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by now cannot be undone. So long as this action remains, the public may
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still be induced to attempt to do so. No difference would be made, unless
the Video and the caption in the Article are no longer available for general
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Q
public access on the internet. Their availability pending the determination
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of this action was exactly what Chor’s summons was about.
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T
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V