Hong Kong court docket dismisses activist software in protest track ‘Glory to Hong Kong’ injunction attraction – JURIST


The Hong Kong Excessive Court docket dismissed activist Chow Cling-tung’s software to be declared as a celebration to the injunction attraction proceedings surrounding the protest track “Glory to Hong Kong” Tuesday.

In dismissing the appliance, the Court docket reasoned that Cling-tung was neither a celebration nor a defendant within the proceedings. Chow relied on the Service Order made by the Excessive Court docket beforehand to say that she was a celebration to the proceedings. The Service Order said,

Anybody who opposes the [Injunction Summons] to (i) notify the SJ inside 7 days; (ii) present the non-public particulars specified within the Service Order; and (iii) pay photocopying charges, upon which the SJ shall serve copies of the Writ (and so forth) on the mentioned individual(s) ([2]);

Cling-tung served a “Discover of Intention to Defend” to the Division of Justice and subsequently claimed herself to be “an individual with intention to oppose the appliance for [Injunction].” Chow contended that the Injunction Summons made her an opposing get together and a celebration to the proceedings pursuant to part 2 of the High Court Ordinance. The court docket didn’t settle for this rivalry, agreeing with authorities counsel, that the Injunction Summons couldn’t imply that everybody that opposes the Injunction be served, and consequently turn out to be a celebration to the proceedings. The court docket additional said that such an interpretation would imply that everybody in Hong Kong must be served with discover of the proceedings. The court docket additionally reiterated that Cling-tung nonetheless has a proper to use to be joined as an intervener.

In July, the court docket dismissed the Hong Kong authorities’s software for an injunction in opposition to the protest track “Glory to Hong Kong.” The federal government appealed per week later. The proceedings will proceed on December 19.

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