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港大:申禁令為保護「被討論者」身份 無意挑戰傳媒

2015/11/2 — 20:12

資料圖片,圖片來源:朝雲 攝

資料圖片,圖片來源:朝雲 攝

港大上週五向高等法院申請臨時禁制令,禁止商台及其他相關人士,公開校委會會議內容,港大今日再向法庭申請正式禁制令。校方發表聲明,指申請禁制令,目的為保護會議上討論對象的身份( to protect the identities of those who are the subjects of the Council's discussions),以及維護校委會決策的公正性(integrity),符合大學的最佳利益。

聲明又指,校方採取法律行動並非要挑戰傳媒,而是為阻止以不正當途徑錄取的校委會機密會議內容再流出。

商台早晨節目《在晴朗的一天出發》,於上月28日播出港大校委李國章在校委會會議中,反對陳文敏副校任命的錄音,兩日後(30日)再播出另一校委紀文鳳的錄音。

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港大聲明透露,10月28日商台播出首段錄音後,港大即透過律師,要求商台不可再發佈其他錄音,但商台未有回應,並在之後放出第二段錄音,校方「別無選擇」要採取法筆行動,向高院申請禁制令,以保障港大的利益。

HKU's application for an injunction order (English only)
2015年11月02日

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. 

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