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Occupy Central
Hong Kong

Judge refuses to delay injunction that lets police help clear protesters

Appeal to be heard today on ruling that paves the way for police to help clear Mong Kok sites

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Pro-democracy protesters sit on a barricade in Mong Kok. Photo: AP
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A High Court judge yesterday refused to delay an injunction that will allow the police to assist bailiffs in clearing Occupy protest areas in Mong Kok and even arrest people who obstruct them.

Two defendants, Dominic Fok Wai-pong and Ng Ting-pong, had filed applications to stay the court order, and also asked for leave to appeal after Mr Justice Au Hing-cheung rejected their application yesterday. The case will be heard in the Court of Appeal this afternoon.

The protesters' legal team argued that the judge's ruling had been in error because he addressed the question of public order by way of civil litigation, but not by the government itself.

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They also said the drivers' group that applied for the injunction had failed to show they suffered substantial losses beyond those of the rest of the public.

But Au found those grounds were not arguable and refused to grant them leave to appeal.

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A group of Occupy activists who were arrested during a clash with police in Lung Wo Road on October 15 were freed unconditionally yesterday. They had refused to keep making regular visits to a police station to renew their bail. Photo: Sam Tsang
A group of Occupy activists who were arrested during a clash with police in Lung Wo Road on October 15 were freed unconditionally yesterday. They had refused to keep making regular visits to a police station to renew their bail. Photo: Sam Tsang
He told the lawyers for the taxi and minibus drivers' group that he would hand down the order of injunction no later than today.

Solicitor Maggie Chan Man-ki, for the minibus drivers, said that once they had the order they would follow all proper procedures, including publishing the terms of the order in newspapers and putting it up at protest areas before taking action.

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