Protester loses bid to appeal against injunction allowing police to aid bailiffs
Despite 'exceptional political circumstances', judges reject attempt to halt ruling authorising bailiffs and police to clear Mong Kok site
Courts have the duty to protect the constitutional rights of private citizens, two appeal judges have ruled in upholding an injunction order that authorised bailiffs and the police to help clear the protest area in Mong Kok.
High Court Chief Judge Mr Justice Andrew Cheung Kui-nung and Court of Appeal vice-president Mr Justice Johnson Lam Man-hon made the observation as they refused a protester leave to appeal against the order.
"We understand there are exceptional political circumstances that gave rise to the unlawful occupation in the present case," Mr Justice Lam wrote. "But the court has to be involved in this instance because the rights of private citizens protected by the law are said to be threatened and they seek redress."
Protester Ng Ting-pong, in seeking leave to appeal and a stay of the order, had asked why the matter should be dealt with by civil litigation rather than an action brought by the secretary for justice.
Lam said the minibus drivers group who obtained the injunction claiming their business had suffered from the obstruction of Argyle Street had simply exercised their constitutional right.
"It is the duty of the court to adjudicate upon and, where justified, give effect to such rights according to law," Lam wrote.