19/09/2019 HCMP2801/2015 THE UNIVERSITY 12. On 8 November OF HONG KONG v. HONG KONG COMMERCIAL BROADCASTING 2015, an audio recording of what was CO LTD AND ANOTHER said at the 29 September 2015 Meeting by Dr Rosanna Wong and a response by the Vice-Chancellor, Prof Peter Mathieson, together with a transcript became accessible in an online discussion forum based in Taiwan. A related article appeared on Apple Daily the next day. Parties, intervention and joinder 13. Instituting an action against a defendant who is identified by description and not by name is unusual but there are precedents for this where the circumstances so warranted. In Bloomsbury Publishing Group plc v News Group Newspapers Ltd |2003| 1 WLR Potter book had been stolen from 1633, where copies of a new Harry the printer and offered to certain newspapers for publication, an order was made by the English High Court against: *“... the person or persons who have offered the publishers of the Sun, the Daily Mail, and the Daily Mirror newspapers a copy of the book ‘Harry Potter and the Order of the Phoenix’ by J K Rowling or any part thereof and the person or persons who has or have physical possession of a copy of the said book or any part thereof without the consent of the claimants.” 14. In Hong Kong, an injunction was granted in Billion Star Development Ltd v Wong Tak Chuen [2013] 2 HKLRD [2012] 2 HKLRD 85 (per Au J) at §§49-56 and 714 (CA) at §$70-75 against a defendant who consisted of unknown persons identified by description. The practice was approved by the Court of Appeal which stated that the crucial point is that the description must be sufficiently certain so as to identify both those who are included and those who are not: see also Bloomsbury Publishing Group plc, supra, at §21. 15. The 2" defendants, according to the Originating Summons as amended in line with the variations of the injunction made at hearing on 6 November, are: “The person or persons unknown who has or have appropriated, obtained and/or offered or intend to offer for sale and/or publication the confidential information in respect of the Relevant Meetings (as defined in Part A of Schedule 1 of this Amended Originating Summons) of the Council of the plaintiff, excluding the information that is already in the public domain (as set out in Part B of Schedule 1 of this Amended Originating Summons).” The Schedule to the Amended Originating Summons reads as follows: https: //legalref.judiciary.hk/Irs/common/ju/ju_frame.jsp? DIS=101619&currpage=T 5/33