Judge grants Henderson Land subsidiary’s application to help enforce injunction banning people from occupying 5,500-sq-ft site in Ma Shi Po
JASMINE.SIU@SCMP.COM
UPDATED : Friday, 10 June, 2016, 3:11pm
The protesters’ last remaining stronghold is a structurally unsafe wooden tower. Photo: Dickson Lee
A Henderson Land subsidiary has enlisted bailiffs to clear the last remaining protesters from a wooden tower in Fanling in order to effect its new court order, obtained last month.
The interim injunction was granted by the High Court to Best Galaxy on May 23, and extended on May 27 until the formal hearing, which has yet to be listed. It effectively bans people from entering or occupying a 5,500-sq-ft piece of land in Ma Shi Po that is owned by the subsidiary.
But a group of villagers and activists have refused to leave, arguing that “unfair” policies allowed the developer to hoard large areas of agricultural land in the New Territories for private residential development to the detriment of villagers and local farmers.
Best Galaxy’s counsel Patrick Fung Pak-tung SC told the Court of First Instance: “Despite the great efforts of the plaintiff, sending in over 200 security guards into this piece of land, the plaintiff has still not been able to recover this plot of land.”
Fung said the protesters’ last remaining stronghold is a structurally unsafe wooden tower, which has already been surrounded by corrugated sheets erected by his client, with a small passageway for the protesters to leave by.
In a hearing for an application to facilitate the enforcement of the injunction, Best Galaxy requested an order for bailiffs to take all reasonable and necessary steps to assist its agents to effect the clearance and for them to request police assistance when necessary. It also asked the court to authorise police officers to make arrests and remove protesters when there were reasons to believe or suspect that they knowingly obstructed bailiffs.
This was granted by Mr Justice Andrew Chung On-tak, who further included a provision that the arrested persons be brought to court after they were released on police bail, or kept in lawful detention.
Solicitor Samuel Luk said he expected the new order to be implemented next week. Photo: Nora Tam
Solicitor Samuel Luk Hok-hing, for Best Galaxy, said they expected the new order to be implemented next week after they met with the bailiffs.
“I urge all those who are illegally occupying the land to leave on their own as soon as possible to prevent any unhappy events from happening,” Luk said.
Land Justice League member Au Kwok-kuen, who attended the hearing, said the protesters were prepared for the new order.
“They are safe in the tower, but it would be dangerous for anyone to climb and dismantle it,” he added.
http://m.scmp.com/news/hong-kong/law-crime/article/1971632/landowner-enlists-bailiffs-clear-protesters-wooden-tower
