HCA 1060 / 2019

IN THE HIGH COURT OF THE SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE ACTIONNO. 1060OF2019

CHINA REGION INSURANCE COMPANY LIMITED Plaintiff

and

1st Defendant

ACCESS TO AND EXIT FROM THOSE PREMISES AND THE UNITS THEREIN AND/OR PERSONS INTERFERING WITH THE USE OF THOSE PREMISES AND THE WHOLE OF TOWER TWO, BY THE PLAINTIFF, ITS STAFF, SERVANTS, AGENTS, LICENSEES AND LAWFUL VISITORS

PERSONS UNLAWFULLY OCCUPYING OR REMAINING AT 11/F, 2nd Defendant TOWER A (FORMERLY AND ALSO KNOWN AS MIRAMAR TOWER), 132 , , HONG KONG WITHOUT THE PLAINTIFF'S CONSENT AND/OR PERSONS OBSTRUCTING OR HINDERING ACCESS TO AND EXIT FROM THOSE PREMISES AND UNITS 1101 , 1117-1118 THEREIN AND/OR PERSONS INTERFERING WITH THE USE OF THOSE PREMISES AND THE WHOLE OF MIRA PLACE TOWER A BY THE PLAINTIFF, ITS STAFF, SERVANTS, AGENTS, LICENSEES AND LAWFUL VISITORS

PERSONS UNLAWFULLY OCCUPYING OR REMAINING AT 40/F 3rd Defendant AND 42/F, AXA TOWER, 100 HOW MING STREET, KWUN TONG, WITHOUT THE PLAINTIFF'S CONSENT AND/OR PERSONS OBSTRUCTING OR HINDERING ACCESS TO AND EXIT FROM THOSE PREMISES AND THE UNITS THEREIN AND/OR PERSONS INTERFERING WITH THE USE OF THOSE PREMISES AND THE WHOLE OF AXA TOWER BY THE PLAINTIFF, ITS STAFF, SERVANTS, AGENTS, LICENSEES AND LAWFUL VISITORS

BEFORE THE HONOURABLE MADAM JUSTICE MIMMIE CHAN IN CHAMBERS

{NOT OPEN TO PUBLIC)

ORDER

535865-4-6332-v3.0 - 1- HK-1000-LDR-18 UPON the application of the Plaintiff by way of ex-parte Summons dated 15 June 2019 in draft form (the "Summons")

AND UPON reading the Affirmation of Li Sin Man Alice signed on 15 June 2019 together with the exhibits referred to therein

5 nd rd AND UPON hearing Senior Counsel for the Plaintiff and the 1 \ 2 and 3 Defendants being absent

AND UPON the Plaintiffs undertaking that, if the Court later finds that this Order has caused loss to the l5\ 2nd or 3rd Defendant and decides that the l5\ 2nd or 3rd Defendant should be compensated for that loss, the Plaintiff will comply with any order the Court may make AND to issue the Writ in the form in draft submitted to Court on or before 4:00pm on 18 June 2019 AND to file the Summons in the form in draft submitted to Court on or before 4:00pm on 18 June 2019 AND to file the Affirmation of Li Sin Man Alice in the form submitted to Court on or before 4:00pm on 18 June 2019 AND to effect service of the Writ, the ex-parte Summons, the Order made herein and the Affirmation of Li Sin Man Alice, in the method prescribed in paragraph 4 of the Order herein within 3 days thereafter.

IT IS ORDERED THAT: -

1. The p t Defendant be restrained until the Return Date (as defined below) or further Order from the Court from:

(a) occupying or remaining at 20/F, Tower Two, Times Square, 1 Matheson Street, , Hong Kong ("Premises l ") without the Plaintiffs consent;

(b) obstructing or hindering access to and exit from Premises 1 and the units therein by the Plaintiff, its staff, servants, agents, licensees and lawful visitors (the "Lawful Users");

(c) interfering with the use of Premises 1 and Tower Two of Times Square by the Lawful Users;

(d) parading, protesting and/or demonstrating within Premises 1 and Tower Two of Times Square, including but not limited to:

(i) displaying notices, banners, placards and/or posters; or

(ii) using loudspeakers or any other similar broadcasting devices.

535865-4-6332-v3 .0 - 2- HK-1 000-LDR-1 8 2. The 2nd Defendant be restrained until the Return Date or further Order from the Court from:

(a) occupying or remaining at 11/F, Mira Place Tower A (formerly and also known as Miramar Tower), 132 Nathan Road, Tsim Sha Tsui, Hong Kong ("Premises 2") without the Plaintiffs consent;

(b) obstructing or hindering access to and exit from Premises 2 and Units 1101, 1117- 1118 therein by the Lawful Users;

( c) interfering with the use of Premises 2 and Mira Place Tower A by the Lawful Users;

(d) parading, protesting and/or demonstrating within Premises 2 and Mira Place Tower A, including but not limited to:

(i) displaying notices, banners, placards and/or posters; or

(ii) using loudspeakers or any other similar broadcasting devices;

3. The 3rd Defendant be restrained until the Return Date or further Order from the Court from:

(a) occupying or remaining at 40/F and 42/F, AXA Tower, 100 How Ming Street, Kwun Tong, Kowloon ("Premises 3") without the Plaintiffs consent;

(b) obstructing or hindering access to and exit from Premises 3 and the units therein by the Lawful Users;

(c) interfering with the use of Premises 3 and AXA Tower by the Lawful Users;

( d) parading, protesting and/or demonstrating within Premises 3 and AXA Tower, including but not limited to:

(i) displaying notices, banners, placards and/or posters; or

(ii) using loudspeakers or any other similar broadcasting devices; 535865-4-6332-v3 .0 - 3- HK-1000-LDR-18 4. Service on the 1st Defendant, 2nd Defendant and 3rd Defendant of the Summons, the Affirmation of Li Sin Man Alice, this Order and the Writ of Summons to be issued herein, together with all subsequent documents required to be filed with the court by the Plaintiff (the "Court Documents") be effected by way of:

(a) making the Court Documents available for inspection by way of affixing copies of the same to conspicuous parts of Premises 1, Premises 2 and Premises 3 respectively;

(b) posting the Court Documents on the Plaintiffs website; and

( c) arranging for publication of this Order once in an English newspaper and a Chinese translation in a Chinese newspaper of general circulation in Hong Kong, together with a notice that persons wishing to inspect and take copies of the Court Documents may do so by applying to the Plaintiffs solicitors at an identified address during normal office hours upon payment of the usual photocopying charges.

5. There be a return date fixed before the Summons Judge on Friday 28 June 2019 (Return Date) for the continuation of this injunction.

6. There be liberty to apply to discharge or vary this order on notice.

7. The costs of the Summons be reserved.

Dated the 15th day of June 2019.

Registrar

535865 -4-6332-v3 .0 - 4- HK-1000-LDR-18 HCA 1060 / 2019 IN THE HIGH COURT OF THE Jf!J$w~ HONG KONG SPECIAL ADMINISTRATIVE REGION PENAL NOTICE COURT OF FIRST INSTANCE ACTIONNO. J060OF 2019 sf$, **A · iUfC:<$:$~ • f$of 1IB*~ BETWEEN 5Em:tJw.a@lffi**u,,,J~!?lGiu~!?lGf$1i'gJllf. AXA CHINA REGION INSURANCE COMPANY Plaintiff oJfffiif*:tD~ O LIMITED IF YOU, THE DEFENDANT, DISOBEY THIS ORDER, YOU MAY BE HELD TO BE IN CONTEMPT OF COURT AND LIABLE TO IMPRISONMENT OR and FINED OR YOUR ASSETS MAY BE PERSONS UNLAWFULLY OCCUPYING OR I st Defendant SEIZED. REMAINING AT 20/F, TOWER TWO, TIMES SQUARE, 1 MATHESON STREET, CAUSEWAY BAY, HONG KONG WITHOUT THE PLAINTIFF'S CONSENT m~ AND/OR PERSONS OBSTRUCTING OR HINDERING IMPORTANT ACCESS TO AND EXIT FROM THOSE PREMISES AND THE UNITS THEREIN AND/OR PERSONS ~~**),_li'gjm9;!] INTERFERING WITH THE USE OF THOSE PREMISES AND THE WHOLE OF TOWER TWO, TIMES SQUARE NOTICE TO THE DEFENDANT BY THE PLAINTIFF, ITS STAFF, SERVANTS, AGENTS, LICENSEES AND LAWFUL VISITORS 1. f$}!!~ffi ~ $ ~ li'g {l;/i)f,X,&_ Cf§ 5 I§Jl BA 0 * PERSONS UNLAWFULLY OCCUPYING OR f$~Hi'i't:R§B§1Y1f§ifi O {$lHM~:;:J<:;~ REMAINING AT 11 /F, MIRA PLACE TOWER A 2nd Defendant M!l!!&!?lGffiH,f\J:;t;:$~ 0 (FORMERLY AND ALSO KNOWN AS MIRAMAR TOWER), 132 NATHAN ROAD, TSIM SHA TSUI, You should read the terms of the Order HONG KONG WITHOUT THE PLAINTIFF'S and the Guidance Notes very carefully. CONSENT AND/OR PERSONS OBSTRUCTING OR You are advised to consult a solicitor as HINDERING ACCESS TO AND EXIT FROM THOSE PREMISES AND UNITS 1 IO 1, I I 17-1 118 THEREIN soon as possible. You have the right to AND/OR PERSONS INTERFERING WITH THE USE OF ask the court to vary or discharge this THOSE PREMISES AND THE WHOLE OF MIRA Order. PLACE TOWER A BY THE PLAINTIFF, ITS STAFF, SERVANTS, AGENTS, LICENSEES AND LAWFUL VISITORS 2. :;t;:$~~ ~cp!ZEJFlal;Jf91J:>1~t~i5rJ~~~ 0 The Order is subject to the exceptions PERSONS UNLAWFULLY OCCUPYING OR 3rd Defendant which are set out in the Order. REMAINING AT 40/F AND 42/F, AXA TOWER, 100 HOW MING STREET, KWUN TONG, KOWLOON WITHOUT THE PLAINTIFF'S CONSENT AND/OR 3. sf$1t!'.n::;t;:$~ , 1to:rilli1&~5Emt\'I. PERSONS OBSTRUCTING OR HINDERING ACCESS $)}! ffiH.il !J:IJ .AJ~, !?lGoJ illi iH.il t!Jiu TO AND EXIT FROM THOSE PREMISES AND THE UNITS THEREIN AND/OR PERSONS INTERFERING )f,X > !?lGftr;li'g~ ggoJiffitf1&:to:tf!l O WITH THE USE OF THOSE PREMISES AND THE If you disobey this Order, you may be WHOLE OF AXA TOWER BY THE PLAINTIFF, ITS guilty of contempt of Court and you may STAFF, SERVANTS, AGENTS, LICENSEES AND LAWFUL VISITORS be sent to prison or fined or your assets may be seized.

4. s fHoJ~~*$~1i'gJ...±ifE{t - i200J ORDER ~tallJ.Jii&::<$:$~ • ~A±~tH.il~ 5Emt~$M • If any person with knowledge of this Dated this 15u, day of June 2019 Order procures, encourages or assists in its breach, that person will also be guilty Fi led this 17u, day of June 2019 of contempt of Court.

Clifford Chance Solicitors for the Plaintiff 27th Floor, Jardine House One Connaught Place Hong Kong Tel: 2825 8888 Fax: 2825 8800 Ref: ERJ. 70-40710571. WWKW.AOTC.HRF

535865-4-6332-v3 .0 - 5- HK-I000-LDR-18