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Secretary For Justice v Persons Unlawfully And Wilfully Conducting Themselves In Any Of The Acts Prohibited Under Paragraph 1(A) And (B) Of The Indorsement Of Claim

Judgment Cited in 1 Precedent Map Related
Vincent
Judgment Date31 October 2019
Neutral Citation[2019] HKCFI 2777
Judgement NumberHCA2007/2019
Citation[2019] 5 HKLRD 465
Year2019
Subject MatterCivil Action
CourtCourt of First Instance (Hong Kong)
HCA2007/2019 SECRETARY FOR JUSTICE v. PERSONS UNLAWFULLY AND WILFULLY CONDUCTING THEMSELVES IN ANY OF THE ACTS PROHIBITED UNDER PARAGRAPH 1(a) AND (b) OF THE INDORSEMENT OF CLAIM

HCA 2007/2019

[2019] HKCFI 2777

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 2007 OF 2019

________________________

BETWEEN
SECRETARY FOR JUSTICE Plaintiff

and
PERSONS UNLAWFULLY AND WILFULLY CONDUCTING THEMSELVES IN ANY OF THE ACTS PROHIBITED UNDER PARAGRAPH 1(a) AND (b) OF THE INDORSEMENT OF CLAIM Defendants

________________

Before: Hon Coleman J in Chambers (Open to Public)

Date of Hearing: 31 October 2019

Date of Judgment: 31 October 2019

___________________

J U D G M E N T

___________________

1. This is an application brought by the Secretary for Justice, acting in her role as the guardian of the public interest, for injunctive relief which seeks to restrain the defendants from:

(1) wilfully publishing or republishing on internet-based platforms or forums (including but not limited to LIHKG and Telegram) any material or information that promotes, encourages or incites the use or threat of violence, intended or likely to cause: (a) bodily injury to any person unlawfully within Hong Kong; or (b) damage to any property unlawfully within Hong Kong; and

(2) assisting, counselling or inciting others to commit or participate in any of the above acts.

2. On the draft writ which would formally commence these proceedings and on the order which I shall make, the defendants are described in the following manner: “persons unlawfully and wilfully conducting themselves in any of the acts prohibited under paragraph 1(a) and 1(b) of the indorsement of claim”, those paragraphs 1(a) and 1(b) being in the same terms as those I have just read out.

3. The application is brought on ex parte and on an urgent basis in light of the escalation of the force used in relation to injuries to people, including police officers, and damage to properties. I do not need for present purposes to summarize what are in many respects well-known facts to anyone who lives in or has an interest in Hong Kong. But it does seem that there is some evidence identifying that the use of internet-based platform or media, discussion forums and social media platforms and the like, due to their anonymous and instantaneous nature in communication as well as accessibility, have played a significant role in intensifying the situation by inciting protesters to resort to violence and to vandalism.

4. One of the purposes of the application for this order is to identify to people who may not know it that expressions online are subject to scrutiny by the law, and it would be a misconception to think that online expressions are not subject to any scrutiny by the law or do not give rise to liability for any legal consequences.

5. Where the application is brought against...

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