19/09/2019 HCMP2801/2015 THE UNIVERSITY OF HONG KONG v. HONG KONG COMMERCIAL BROADCASTING CO LTD AND ANOTHER 9. An originating summons formally commencing the proceedings was also issued on 30 October 2015, by which the University seeks, among other things, (i) a declaration that the defendants are in breach of their duty of confidence in using or disclosing without its consent any audio recording of the meetings of the Council, and any agenda, papers and minutes of the Council, and (ii) an injunction restraining the use or disclosure of such information. 10. On 5 November 2015, by consent between the University and the 1* defendant, I made an order discharging the injunction and giving leave for the action to be discontinued as against the 1* defendant, upon certain undertakings given by the 1* defendant which broadly reflect the terms of the injunction. The action therefore continues now solely as against the 2! defendant. 11. On 6 November 2015, the first return date of the injunction, the University sought an order continuing the ex parte injunction. With very short notice, five parties, identified below, appeared in front of me that morning asking to intervene or be joined as defendants (as the case may be) and opposing the continuation of the injunction on various grounds. To give the University a proper opportunity of response, the hearing was adjourned to 24 November 2015. The injunction was continued in the meantime but its scope was curtailed, inter alia, by being limited to the meetings held from 30 June 2015 to the date of the order. was revised and narrowed down. were removed. Further, The definition of the 2"? defendant Protective orders relating to hearing papers the public domain exception was revised and clarified to read: “For the avoidance of doubt, nothing in this Order shall prevent the Defendants from publishing, communicating or disclosing such of the Information, or ant part thereof, as was already in, or that thereafter comes into, the public domain (other than as a result of breach of this Order) ...”[1] https: //legalref.judiciary.hk/Irs/common/ju/ju_frame.jsp? DIS=101619&currpage=T 4/33

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