Judge's dilemma as two rights make one wrong

Constitutional rights are not absolute, according to the judge who last night granted the interim injunction throwing striking dockers out of the Kwai Tsing terminals.

Court of First Instance judge Patrick Li Hon-leung said he needed to strike a balance between the dockers' constitutional right to strike and freedom of expression with the private right of the port operators to use the terminal.

Li said the constitutional right of the unionists - the defendants in the case - was not absolute if it adversely affected the lawful, private rights of the terminals, who sought the injunction.

"There is no dispute that the terminals are private property. The question is whether there is a real risk that the demonstration will continue and need to be restrained," the judge said.

Li said he was satisfied that "the demonstration will continue" and that it will "gravely affect the plaintiffs' business".

The judge also took into consideration the issue of safety and did not find any need for the defendants to stay inside the terminals.