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Hong Kong High Court orderred protesters to leave as HK Airport reopened

Hong Kong High Court orderred protesters to leave as HK Airport reopened

Hong Kong’s airport resumed operations on Wednesday, rescheduling hundreds of flights that had been disrupted over the past two days as protesters clashed with riot police in a deepening crisis in the Chinese-controlled city.

In Washington, U.S. President Donald Trump said the Chinese government was moving troops to the border with Hong Kong and urged calm.

The High Court of the Hong Kong Special Administrative Region issued an order against airport protesters in Hong Kong  who neglect to obey or comply with the Orders set out below, may be held in contempt of court and may be sent to prison or fined or liable to process of execution to compel you to obey the Orders.

A person who assists any of the above-named Defendants in breaching the Orders set out below may also be held in contempt of Court and may be sent to prison or fined.

According to a posting on the Hong Kong Airport Website the Hong Kong Airport Authority has obtained an interim injunction to restrain persons from unlawfully and wilfully obstructing or interfering with the proper use of Hong Kong International Airport (the Airport).

Persons are also restrained from attending or participating in any demonstration or protest or public order event in the Airport other than in the area designated by the Airport Authority. The interim injunction expressly provides that nothing in the interim injunction shall be construed as authorising any demonstration, protest or public order event contrary to the Public Order Ordinance.

All application is made on the 13′ day of August 2019 by Leading Counsel for the Plaintiff in this action to the Judge who read the documents listed in Schedule I and accepted the undertakings in Schedule 2 at the end of this Order. After hearing this application, the Judge made the following Order:

Hong Kong High Court issued protesters to leave the airpor

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ORDER

The Defendants and each of them whether acting on his/her own or together with other person(s) be restrained from doing any of the following acts:-

(a) unlawfully and wilfully obstructing or interfering with the proper use of the Hong Kong International Airport (“the Airport”);

(b) attending or participating in any demonstration or protest or public order event in the Airport (the boundary of which is delineated in green on Plan (1) annexed hereto) (“Airport Area”) other than strictly within the area designated by the Plaintiff for the carrying out of such events which area is marked “A” and shaded in yellow on Plan (11) umexed bereto (“Protest Area”) and only where the conduct of such demonstration or protest or public order event is lawful and peaceful provided that nothing in this Order shall be construed as authorising any demonstration, protest or public order event in contravention to the Public Order Ordinance (Cap. 245);

(c) entering the area marked “B” and shaded in red on Plan (111) amexed hereto (“Access Control Area”) unless he/she is a bona tide traveller or is gianted pennission by the staff of the Plaintiff or of the Aviation Security Company Limited (“AVSECO”) so to enter, for so long as the Plaintiff maintains and implements such Access Control Area;

(d) loitering in any part of the Airport without reasonable cause in breach of section 20(I) of the Airport Authotity Bylaw (Cap 483A); (e) wilfully obstructing any road, passageway, entry or exit point or access control point, whether vehicular or pedestrian, and whether within or near the Airport Area;

(t) obstructing or interfering with any staff of the Plaintiff and/or AVSECO in enforcing or attempting to enforce

(a), (b), (c), (d) and/or (6) above; (g) inciting and/or aiding and/or abetting any person to do any of the acts identified in (a), (b), (c), (d), (6) and/or co above.

The bailiff do take all reasonable and necessary steps to assist the Plaintiff and its agents to affect the clearance and removal of any obstructions or interference provided for in paragraph I of this Order. The bailiff be authorized and directed to request the assistance of the Police where necessary. Ally police officer be authorized to arrest and remove any person who the police officer reasonably believes or suspects to be obstructing or interfering any bailiff carrying out his or her duties in enforcing the tenn of this Order, provided that the person to be arrested has been informed of the gist of the tenns of this Order and that his action is likely to constitute a breach of the Order and obstruction of the administration of justice, and that he may be arrested if he does not desist.

Ally person so arrested by the Police shall be brought before the Court as soon as practicable for further directions.

For the avoidance of doubt, nothing in this Order is intended to, and nothing in this Order shall be taken as intending to, affect or prejudice in any way the powers and functions of the Plaintiff in the management and operation of the Airport conferred on it by law. Notwithstanding paragraph I (b) and (c) above, in the event that the Plaintiff shall consider it necessary for the management or operation of the Airport, the Plaintiff shall be at liberty to cancel or reduce the size of the Protest Area or to relocate it and/or to extend the Access Control Area to any other part(s) of the Airport Area including but not limited to the Protest Area;

Leave to the Plaintiff to serve the Writ of Summons and this Order on the Defendants by way of substituted service by:- (a) fixing a copy of the Writ of Summons and this Order securely in conspicuous places in the Airport;

(b) posting a copy of the Writ of Summons and this Order on the website WWW. hon on at ort. coin; and (c) publishing a copy of the Writ of SUITunons and this Order in one English newspaper and one Chinese newspaper in Hong Kong for 3 consecutive days.

This Order will remain in force up to and including Friday, 23 August 2019 (“the Return Date”) unless before then it is varied or discharged by a further Order of the Court. The application in which this Order is made shall come back to the Court for further hearing on the Return Date. 10. Anyone who may be affected by and/or opposing this Order shall within 5 days from the date hereof notify the Plaintiffs solicitors and provide his/Iler name and address for service, upon receipt of which the Plaintiffs solicitors shall forthwith serve a copy of the Writ of Sunnnons, this Order, the Skeleton Submission, the Affinnation of Cheung, Vivian Karfay, and the inter Fades SUITmions for the Return Date on hinther.

Liberty to apply.

12. Costs be reserved.

Dated this 13” day of August 2019.

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