19/09/2019 HCMP2801/2015 THE UNIVERSITY 5. OF HONG KONG v. HONG KONG COMMERCIAL BROADCASTING CO LTD AND ANOTHER It transpired that an audio recording of at least part of the 29 September 2015 Meeting had been made by an unidentified person (“the Unknown Person”). On 28 October 2015, an audio recording of part of the 29 September 2015 Meeting, featuring the speech of a Council member, Prof Arthur Li, concerning the Appointment Issue was broadcasted on one of the radio channels operated by the 1“ defendant (viz Commercial Radio I). The recording was www.881903.com. also accessible on the 1* defendant’s A transcript of the recording was website published at on the Facebook page of the programme. 6. Following this broadcast, Clifford Chance, solicitors acting on behalf of the University, wrote urgently to the 1“ defendant asking it to undertake to remove all audio recording of the 29 September 2015 Meeting from its website and to refrain from making any further disclosure of, among other things, any audio recording of meetings of the Council. The solicitors stated that if the requested undertaking was not provided, the University would be advised to apply for an interim injunction. 7. Notwithstanding the solicitors’ letter, on 1* defendant broadcasted in same programme 30 October 2015, the another audio recording of part of the 29 September 2015 Meeting on the Appointment Issue, featuring the speech of a second Council member, Ms Leonie Ki. The recording and a transcript of it also became accessible on the 1* defendant’s website and its Facebook page respectively. 8. In the afternoon of the same day, the University applied ex parte to the Court of First Instance for an interim injunction. Seagroatt DJHC granted an injunction against the 1“ defendant and the 2™ defendant, which were named as: ... the person or persons unknown who has or have appropriated, obtained and/or offered or intend to offer for sale and/or publication the confidential information in respect of the meetings of the Council of the plaintiff. ...” restraining them from publishing or disclosing to any other person any audio recording, agenda, supporting papers and minutes of meetings of the Council. https: //legalref.judiciary.hk/Irs/common/ju/ju_frame.jsp? DIS=101619&currpage=T 3/33