19/09/2019 HCMP2801/2015 THE UNIVERSITY 25. OF HONG KONG v. HONG KONG COMMERCIAL BROADCASTING CO LTD AND ANOTHER Instead it was submitted that they are affected because their right or freedom to receive information is hampered by the injunction in question. The Unknown Person cannot now, without breaching the injunction, pass the information in question to them. consequence of the injunction. In my view, that is simply a general The injunction does not target the intended interveners or seek in terms to prevent them specifically from receiving the relevant information. wishes Nor is there any evidence that the Unknown Person to pass the information in question specifically to the intended interveners and that he has refrained from doing so because of the existence of the injunction. without the Accordingly insofar as the intended interveners cannot, Unknown Person breaching the injunction, receive the information, they are in no different position from the rest of the world. I do not think this is sufficient to bring them within Order 15, rule 6(2)(b). 26. The rule does not permit joinder of a party who is merely interested in a case because and to the extent that it determines a question of law: Spelling Goldberg Productions Inc v BPC Publishing Ltd [1981] RPC 280; Building Authority v Appeal Tribunal (Buildings) (CACV 19 & 113 of 2012; 15 March 2013) at §14 per Fok JA (as he then was). In Helen Cathay Pacific Airways Ltd (CACV 43/2001; Tsang v 11 September 2001), a case raising questions on the law relating to sexual discrimination, Keith JA rejected the Equal Opportunities Commission’s application to be joined as a party, holding that neither limb of Order 15, rule 6(2)(b) had been satisfied. In the result, the court allowed the Commission to provide the court with the services of counsel not as counsel for the Commission but as amicus curiae, though that did not make the Commission a party or intervener. 27. In Roe v Sheffield City Council [2003] LGR 389; [2003] EWCA Civ 1, Sedley LJ noted that it had been pointed out|2] that private law litigation could from time to time raise issues affecting the public interest, but that the provision for first-instance joinders made at that time by RSC Order 15, rule 6(2)(b) (equivalent to Hong Kong’s RHC Order 15, rule 6(2)(b)) would not ordinarily admit public interest interventions. https: //legalref.judiciary.hk/Irs/common/ju/ju_frame.jsp? DIS=101619&currpage=T 9/33

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