19/09/2019 HCMP2801/2015 THE UNIVERSITY 31. For the purpose OF HONG KONG v. HONG KONG COMMERCIAL BROADCASTING CO LTD AND ANOTHER of the further conduct and the trial of the action, however, the applications of the Hong Mr Lau Yee Ching are still “live”. Kong Journalists Association and In my judgment and for the reasons explained above neither of them comes within Order 15, rule 6(2)(b) and neither should be joined as a party to the action as such. 32. However, the arguments at trial are likely to concern competing public interests and the proper balance between them. novel in Hong Kong. sides. The issues are relatively The court is likely to be assisted by arguments on both Unless the Unknown Person reveals himself or herself, it is unlikely that anyone will be contesting the University’s claim at trial. It would be undesirable for the relevant legal questions in a case such as the present to be determined without the benefit of adversarial argument. The arguments will also raise issues concerning freedom of expression and press freedom. The Hong Kong Journalists Association has special familiarity with such issues. For these reasons, in the exercise of the court’s inherent jurisdiction, I direct that the Hong Kong Journalists Association be permitted to take part in the trial of the action to the extent of being served with the relevant papers and making submissions to the court. The Council 33. The University is a body incorporated by statute, namely, the University of Hong Kong Ordinance (Cap 1053) (“the Ordinance”). Subject to the Ordinance, the University is governed in accordance with the provisions of the statutes of the University (“Statutes”), which are set out in the Schedule to the Ordinance. The constitutional organs of the University include the Court, the Council and the Senate of the University. an advisory body. The court is primarily The Council is the governing body of the University. Section 7(3) of the Ordinance provides: “The Council shall be the supreme governing body of the University, and shall provide for the custody and use of the University seal, and subject to the provisions of this Ordinance and the statutes, the Council may exercise all the powers and is to perform all the duties of the University other than those vested or imposed by this Ordinance or the statutes in some other authority of the University or in an officer.” https: //legalref.judiciary.hk/Irs/common/ju/ju_frame.jsp? DIS=101619&currpage=T 11/33