Media

HKU's application for an injunction order

02 Nov 2015

 

There were unauthorised audio recordings of a recent meeting of the Council of the University which unfortunately were leaked and subsequently publicised through the media.

Notwithstanding that on the same day shortly following the first release on Wednesday, October 28, 2015, the University, through lawyers, contacted the party whose media platform was used to publicise the unauthorised audio recordings, with a request to respond by a deadline of noon on Friday, October 30, 2015 and, amongst other things, not to publicise any further unauthorised recordings, no response was received by the deadline and in the meantime there was a publication of another unauthorised audio recording.

In the circumstances, the University has no other option but to commence legal proceedings in the High Court of Hong Kong in order to protect the interests of the University. 

Such action was taken on an urgent basis in order to maintain the principle of confidentiality subscribed to by members of Council in relation to confidential discussions at meetings of the Council, to protect the identities of those who are the subjects of the Council's discussions, and to uphold the integrity of the decision making process of the Council, in the best interests of the University.

By taking such action the University is not seeking to challenge the media; rather the action is aimed at preventing further leakage of information in relation to meetings of, and matters under discussion by, the Council that are confidential and particularly, where such matters have been captured by the unauthorised and illicit recording of a meeting of the Council.

Copies of the Originating Summons issued on Monday, November 2, 2015, and the interim Injunction Order obtained in the late afternoon of Friday, October 30, 2015, are attached. It should be noted that the issuing of the Originating Summons formally initiated the Court proceedings, and the interim Injunction Order granted before the formal commencement of such action is based on the same substantive application.

Any party who wishes to make an appearance in these Court proceedings should contact the University's legal advisers, Messrs. Clifford Chance (Attention: Mr. Brian Gilchrist).

As matters are now before the Court, the University is advised not to make and will not be making any further comments in this respect other than to inform relevant parties of the progress of the Court proceedings.