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For Hearing Before the Hon Mr Justice Chow on 28 June 2019 at 10:00 Am

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For Hearing Before the Hon Mr Justice Chow on 28 June 2019 at 10:00 Am For hearing before the Hon Mr Justice Chow on 28 June 2019 at 10:00 am HCA 1060/2019 AXA China Region Insurance Company Limited v Persons Unlawfully Occupying or Remaining at 20/F, Tower Two, Times Square, 1 Matheson Street, Causeway Bay, Hong Kong without the Plaintiff’s consent & Ors SKELETON SUBMISSIONS FOR THE APPLICANT Introduction 1. This is the return day hearing for the ex parte injunction order granted by M Chan J on 15 June 2019 in favour of AXA (“Injunction Order”) [1-5]1. 2. By an inter partes summons dated 17 June 2019 (“Summons”) [30-32] returnable on 28 June 2019, AXA seeks the continuation of the Injunction Order until further order of the Court. Background 3. The detailed background to this dispute is set out in AXA’s skeleton submissions dated 15 June 2019 (“Ex Parte Skeleton”), §§7-17 (attached herewith). 4. In gist, the Injunction Order concerns commercial premises located at Times Square, Mira Place and AXA Tower which were used as AXA’s service centres and offices (“Service Centres”). The defendants have been carrying on protests and demonstrations at these Service Centres. 1 References in [#] are to page numbers in the Hearing Bundle 1 5. The Injunction Order restrains the defendants from carrying out the following activities at the Service Centres: 5.1. Unlawfully remaining or occupying the Service Centres without AXA’s consent; 5.2. Obstructing or hindering access to and exit from the Service Centres; and 5.3. Interfering with the use of the Service Centres by AXA, its staff, servants, agents, licensees and lawful visitors: §§1-3 [2-3]. Service 6. Pursuant to the Injunction Order, AXA was permitted to serve court documents (comprising inter alia the Injunction Order, summons, affirmation in support and the writ) on the defendants by (i) making them available for inspection at conspicuous parts of the Service Centres, (ii) posting them on AXA’s website; and (iii) publishing the Injunction Order in an English and a Chinese newspaper, together with a notice that the documents are available for inspection at AXA’s solicitors’ (Clifford Chance) office: §4 [4] 7. AXA has successfully served the documents on the defendants: 7.1. After obtaining a sealed copy of the Injunction Order from the Court on 17 June 2019, AXA has through its solicitors affixed the document at the lift lobbies and doorways at the Service Centres [48, 52, 55]. 7.2. On 19 June 2019, AXA made the other court documents available for inspection at the main entrances of the Service Centres [48-49]. 7.3. On the same day, AXA also posted a notice of the Injunction Order on its website, and provided links to download the court documents [242]. 2 7.4. On 20 June 2019, AXA also advertised the Injunction Order in the Standard (in English) and Sing Tao Daily (in Chinese) [245-246].2 Continuation 8. The Court is respectfully invited to have regard to the Ex Parte Skeleton, which sets out the reasons for which M Chan J was invited to grant the Injunction Order. The same reasons also support the continuation of the injunction. 9. The Court is respectfully invited to grant an order in terms of the Summons. 10. For the avoidance of doubt, the Plaintiff also respectfully asks the Court to continue order for substituted service in the same terms as §§4(a) and (b) of the Injunction Order [4]. 26 June 2019 HARRISON MIAO Counsel for the Plaintiff 2 AXA had undertaken to the Court to file the court documents by 18 June 2019, and to effect service within 3 days thereafter. The last of the documents, the Affirmation of Li Sin Man Alice, was filed on 18 June 2019. AXA’s service was within time. 3 For hearing before the Duty Judge of the High Court, Mimmie Chan J INTENDED ACTION BY AXA CHINA REGION INSURANCE COMPANY LIMITED Introduction 1. This is an ex parte application for urgent injunctive relief to restrain acts of trespass and private nuisance by groups of individuals at AXA’s customer service centres located in Times Square, Mira Place and AXA Tower (Service Centres). 2. AXA is grateful to the Court for hearing this application at short notice. 3. This application is brought ex parte, and on a weekend, because there is an urgent need for an interim injunction to be granted to ensure that the Service Centres can be safely and properly open for business on Monday, 17 June 2019. 4. There have been protests and demonstrations against AXA at the Service Centres, in an organized and concerted manner. The first protest occurred at the Times Square Service Centre (defined below) on Wednesday, 12 June 2019. This later expanded to include protests which took place at all three Service Centres on Thursday and Friday, 13 and 14 June 2019. 5. These are not isolated or one-off incidents, and have caused serious disruption to AXA’s business at the Service Centres. Despite repeated calls to the police for assistance, the protests have continued unabated. These events led AXA to close down the Service Centres for business on Saturday, 15 June 2019 due to concerns over the safety, welfare and convenience of AXA’s staff and customers alike. Unless restained by the Court, there is a clear risk that the wrongful acts will continue to harm the interests of AXA and the visiting public. The Supporting Papers 6. The Court is provided with an ex parte summons for injunctive relief, supported by an affirmation of Li Sin Man, Alice sworn on behalf of AXA, together with a draft 1 generally endorsed writ which AXA undertakes to file within the next 2 days. The orders which AXA seeks are set out in a draft order submitted with the papers. The Plaintiff 7. AXA is an insurance company, and operates the Services Centres to provide services to its customers and policy holders. The Service Centres are normally open for business from Monday to Saturday, except for public holidays. 8. AXA is the lessee and occupant of: 8.1 20/F, Tower Two, Times Square, 1 Matheson Street, Causeway Bay (Times Square Service Centre). 8.2 Units 1101, 1117-118 at 11/F, Mira Place Tower A (formerly known as Miramar Tower), 132 Nathan Road, Tsim Sha Tsui (Mira Tower Service Centre). 8.3 40/F and 42/F, AXA Tower, 100 How Ming Street, Kwun Tong (AXA Tower Service Centre). 9. From the tenancy agreements, AXA is the tenant with respect to the entire floor in relation to 20/F, Tower Two, Times Square and 40/F and 42/F of AXA Tower. AXA is a tenant in relation to Units 1101, 1117-1118 at 11/F, Mira Place Tower.1 The Intended Defendants 10. Due to the nature of the wrongful activities, it is impracticable to identify each individual defendant by name. The intended defendants are therefore groups of 1 The Plaintiff was also granted the right to the entrances, exists, lifts, escalators and those areas in Miramar Tower intended for common use. See tenancy agreement dated 24 May 2017 between Shahan Limited and the Plaintiff exhibited at “LSMA-1” to the Affirmation of Li Sin Man Alice. 2 individuals described by reference to their conduct. There is one intended defendant for each of the respective Services Centres which have been affected by the protests. 11. In essence, the conduct covered by the description of the defendants is: 11.1 Unlawfully remaining or occupying the relevant floor in the commercial building without the Plaintiff’s consent. 11.2 Obstructing or hindering access to and exit from the relevant floor, and the relevant units therein. 11.3 Interfering with the use of the relevant floor, and the whole of the relevant commercial building, by the Plaintiff, its staff, servants, agents, licensees and lawful visitors. 12. In this regard, the Court has power to grant an injunction against such a defendant provided that the description is sufficiently certain to identify those who are necessarily included and excludes those who are not: see Billion Star Development v Wong Tak Chuen [2012] 2 HKLRD 85 at §54 per Au J; Times Square Limited v Lee Kwun Kit [2018] HKCFI 2296 at §5 per DHCJ Keith Yeung SC. The Relevant Facts 13. The protests relate to an insurance product distributed by AXA. Some of AXA’s customers have included a fund in their policies which, due to suspected fraudulent activities, has significantly devalued and since gone in liquidation. 14. The protesting activities at the 3 Service Centres can be summarised as follows. 15. For the Times Square Service Centre: 15.1 The protestors first appeared at the premises on 12 June 2019. 15.2 At around 10:30 am on 13 June 2019, around 10 protestors arrived at Times Square. 3 of them stayed at the G/F and started to display banners in protest of AXA. 3 15.3 The other protestors made their way to the Service Centre and displayed banners showing e.g. “投资安盛保险 让我血本无归” (investing in AXA made me lost all my fortune). They also started chanting slogans and complaining about AXA through loudhailers at the lift lobby. 15.4 In response, AXA was forced to close the doors of the Service Centre. Its staff and customers were prevented from entering or exiting the premises; and the customers could only make inquiries and payments with AXA through the door seam at the entrance for the entire day. 15.5 Despite intervention from the building management staff of Times Square and the police, the protestors refused to leave, and only did so after the centre closed for business for that day.
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