19/09/2019
HCMP2801/2015 THE UNIVERSITY
OF HONG KONG v. HONG
KONG
COMMERCIAL
BROADCASTING
CO LTD AND ANOTHER
90. I recognise that, depending on the circumstances, delayed disclosure can
cause irreparable prejudice or injustice even if the party seeking disclosure
ultimately prevails.
As Mr Martin Lee SC emphasised, the impact of an
article or broadcast may
depend on “timing, news value and topicality”
(words taken from Cambridge Nutrition Ltd v British Broadcasting Corp,
supra, 534-535).
In the present case, however, the Appointment Issue has
already been dealt with. There is no question of the Council’s decision being
re-opened.
Prof Johannes Chan has publicly stated he will not mount any
legal challenge against the decision.
In fact, according to Mr Ip Kin Yuen in
his affirmation
2015,
dated
5 November
chapter that is now closed”.
the matter
is “now
history”,
“a
His counsel (Mr Alan Leong SC) submitted on
6 November that the subject matter was “no longer a live or current issue”.
In these circumstances whereas the refusal of an interim injunction would
practically put an end to the action, the grant of it does not necessarily have
that effect, especially if the trial can be expedited.
91.
Taking into account all the circumstances of the case that are before the
court, including the facts that this is an interlocutory application, that the
injunction
sought
interlocutory
right,
is temporary
pending
injunctive relief may
I consider
that an
interim
the trial, and that a refusal
of
effectively deprive the plaintiff of its
injunction
coupled
with
an
order
for
expedited trial is necessary and proportionate for the purpose of preserving
and
respecting
the rights
of the University
in the
interests
of justice.
I consider that the University’s claim has sufficient merits in light of all the
circumstances of the case to justify making a temporary interim order until
its
claim
can
be
substantively
determined
and
adjudicated
upon.
Accordingly it is my opinion that the proper exercise of the discretion in
accordance with principles requires that I should continue the interlocutory
injunction.
Conclusion and order
92. For the foregoing reasons, there will be an order that:
(1) the injunction granted on 30 October 2015
as amended
on
6 November 2015 be continued until trial or further order; and
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