Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Use of civil injunctions in aid of criminal law
  • 1 Nov 2019

    TELEVISION BROADCASTS LTD v. PERSONS UNLAWFULLY AND WILLFULLY DAMAGING ANY PROPERTY OF THE PLAINTIFF AND ANOTHER

    Citation
    [2019] HKCFI 2723
    Court
    Court of First Instance
    Case number
    HCA1977/2019

    The interim quia timet injunction was refused because the plaintiff failed to prove a real and imminent risk of further damage or injury after 7 October 2019 and because the proposed order could not be effectively policed or enforced against unnamed, mobile perpetrators whose identification was obscured, such that the court exercised its discretion to dismiss the summons.

    • Quia timet injunction
    • Interim relief
    • Enforceability/policeability of orders
    • Burden of proof for preventive relief
    • Use of civil injunctions in aid of criminal law