19/09/2019
HCMP2801/2015 THE UNIVERSITY
19.
OF HONG KONG v. HONG
KONG
COMMERCIAL
BROADCASTING
CO LTD AND ANOTHER
The Hong Kong Journalists Association has issued a summons
5 November
for leave to appear
as an intervener
in the action.
dated
The
association is a registered trade union of some of the journalists in Hong
Kong.
It has 593 members and is a body corporate by virtue of the Trade
Union Ordinance (Cap 332). The association submitted that the ex parte
injunction has far-reaching effects for press freedom in Hong Kong and on
the ability of journalists to do their work.
interested in the outcome
It submitted that not only is it
of the case, it also will be able, because
of its
experience and expertise, to offer an important, informed and different point
of view on the questions arising.
20.
Apple Daily Limited, by the affirmation of its editor-in-chief dated
13 November, stated that it applied (1) to vary or discharge the injunction as
a person affected, (11) to oppose the University’s application for continuation
of the injunction, and (iii) to be joined as a defendant “if necessary”.
editor stated that since the Appointment
The
Issue and related matters “have
arouse[d] the interest and concern of the public, Apple Daily is and was
under a moral and social duty to publish any information it has or may have
in future on the subject”.
By a summons dated 20 November, Apple Daily
Limited applied to be “joined as the 3™ defendant to discharge the ex—parte
interim injunction order granted ... on 30 October 2015 (as per clause 7
thereof), and continued and revised on 6 November 2015 (as per clause 4
thereof)”.
Mr Martin Lee SC who appeared on its behalf said that Apple
Daily Limited falls within the description of the 2™ defendant because it
intends to publish the information in question if and when it receives it, and
since it is a known person, it should be separately joined as the 3“ defendant.
21.
Mr Lau Yee Ching is the editor-in-chief of a students’ publication of
the University
publication.
called “Undergrad”.
It is not a legal entity.
any representative capacity.
Undergrad
is merely the name
of a
Nor does Mr Lau seek to intervene in
By his summons dated 5 November he applied
for an order joining him as intervener or interested party in the action and
discharging the ex parte injunction granted on 30 October 2015 or varying it
in such way as the court sees fit.
https: //legalref.judiciary.hk/Irs/common/ju/ju_frame.jsp? DIS=101619&currpage=T
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