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A
B
C
D
E
A
Service Order was granted, anyone and everyone who had been served
would become a Defendant.
39.
C
I agree with Mr Yu that the implausibility of Ms Chow’s
contention is obvious: by virtue of the Service Order, everyone in Hong
Kong had been served with notice of the proceedings.
F
G
H
application of s.2 would mean that everyone in Hong Kong is a “party” and
can just appear without showing either that he/she is a defendant, or that
he/she has an interest which makes it proper for him/her to be joined.
This is untenable.
L
M
N
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P
E
F
G
H
I
40.
K
D
A literal
I
J
B
Whilst this Court accepts that public interest is engaged in this
action, it is not correct that anyone can come forward, makes a claim to
speak for the public interest and automatically becomes a party because
he/she has been served pursuant to the terms of the Service Order. The
judicial process in Hong Kong is sophisticated with well-established rules
which provide for orderly resolution of disputes.
People who are not
conducting any of the 4 Acts can apply to be joined in this action as an
intervener to speak for the public interest.
On Ms Chow’s case, she
belongs to such a group. It should also be pointed out that there is no
suggestion by Ms Chow that she intends to carry out any of the 4 Acts in
J
K
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N
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P
the future.
Q
R
Q
41.
I agree with Mr Yu that the specific provisions in O.15 of the
R
RHC, in particular O.15, rr.4 & 6, which laid out the rules on parties and
S
joinders that only a proper party who can demonstrate a legitimate interest
S
T
T
U
U
V
V
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