- 16 A B - In short, the developments underscore the adaptive flexibility inherent in the equitable jurisdiction which enables the court, so long as it acts in A B accordance with established principles or any logical extension of them, to C grant injunctions in new circumstances as justice and convenience dictate. D D The UK Supreme Court also laid down important principles 22. E for newcomer injunctions, which we will discuss at Part D2.5 below. F Contextual considerations G G 23. I E F D2. H C Like any judicial discretion, the jurisdiction to grant injunction is context-driven. Here, the contextual considerations necessitate a more thorough examination of five specific aspects of the H I injunction sought. J J D2.1 An injunction in aid of criminal law K L 24. K The first obvious aspect is that it is an injunction in aid of the L criminal law. M N M 25. Applications to seek the assistance of the civil court in aid of N the criminal law is a comparatively modern development: Gouriet v Union O P of Post Office Workers [1978] AC 435, per Lord Wilberforce at p 481C; Stoke on Trent City Council v B & Q [1984] AC 754, per Lord Templeman at p 776A-F, the two leading cases on this area of the law. Q R S T U V 26 P Gouriet concerned the question whether a private citizen had any locus to apply for an injunction to enforce the criminal law when the Attorney General 26 O Quite recently in Hong Kong, an interim injunction had been granted in aid of (1) the Mass Transit Bye-laws against protestors who unlawfully and wilfully obstructed or interfered with the proper use of the MTR system in MTR Corp Ltd v Unknown Persons [2019] 4 HKLRD 446; and (2) the Airport Authority Bye-law against persons unlawfully obstructing or interfering with the proper use of the Hong Kong International Airport in Airport Authority v Persons Unlawfully Obstructing or Interfering with the Proper Use of the Hong Kong International Airport [2019] HKCFI 2104. Q R S T U V

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