19/09/2019 HCMP2801/2015 THE UNIVERSITY OF HONG KONG v. HONG KONG COMMERCIAL BROADCASTING CO LTD AND ANOTHER 28. In the same paragraph, however, Sedley LJ referred to the wide power to hear any person that had since been introduced into judicial review proceedings (CPR rule 54.17 and the relevant Practice Direction) and said: “... there is no reason why the High Court in the exercise of its inherent jurisdiction should not be able to act likewise ...” That however is a separate power arising from the inherent jurisdiction of the court to be exercised only sparingly in special circumstances. 29. It was also submitted by the intended interveners that they could take part because they were affected by the injunction which specifically stated (as is common in ex parte interim injunctions) that “anyone affected by any of the restrictions in [the] Order” may apply to the court to vary or discharge the order. It is well established that even without that clause a person affected by an injunction may apply to the court to have it discharged, but in my view this alone neither requires nor entitles that person to be made a party to the action as such: Bourbaud v Bourbaud (1864) 12 WR Cretanor Ltd WLR Maritime 966, (CACV 978; 50/1994; Co Lo Ltd Yu v Irish Chu 29 September v Marine Kam 1994). Management Fu Lai Further, 1024; |1978] Development Co for the reasons 1 Ltd I have explained above, the way the intended interveners say they are affected is that, like the world at large, they are unable to receive the information without the Unknown Person acting contrary to the court order. It seems to me that it is not intended by the principle or by the express clause in the injunction that the intended interveners can for that reason claim a right to apply to discharge the injunction as such. 30. The concerned, question of joinder, is largely academic, so far as the interlocutory injunction is since the intended interveners have filed affirmations, have lodged skeleton arguments and their counsel have been heard in full de bene esse. The summons of Apple Daily Limited is, in particular, in terms limited to a joinder to discharge the interim injunction. https: //legalref.judiciary.hk/Irs/common/ju/ju_frame.jsp? DIS=101619&currpage=T 10/33

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