- 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