What is an Injunction ?
An injunction is a civil Court order that prohibits a company or person from doing a particular act or thing (called a "prohibitory injunction") or compels the company or person to do a particular act or thing (a "mandatory injunction").
Some examples of injunction order:
For urgent cases and/or if it is in the public interests to preserve the status quo, for example, if there is real risk that assets or funds will be dissipated or evidence will be destroyed, application can be made to the Court for an interim injunction.
The interim injunction can remain in force for a particular period of time, for example, until the matter comes to trial or the Court makes any further order. When the case comes to trial, the Court will decide whether or not to make a "final" injunction. If the claim succeeds at trial, the Court can grant a permanent injunction. A permanent injunction cannot be granted unless/until the claim succeeds.
Breach of Injunction Order
This is a serious matter. If a person or company disobeys an injunction order, this can amount to Contempt of Court, which can result in the wrongdoer being imprisoned, fined or having their assets seized.
Whether there is contempt of court order depends on the facts and circumstances of each case.
Generally, the objectives of the Court in the decision of imposing a prison term and/or fine are:
(a) To mark the Court’s disapproval of the disobedience or breach of the injunction Order;
(b) To secure compliance with that injunction Order for the future.
For legal advice or services on injunction, please contact CHOW & CHEUNG, Hong Kong Solicitors & Notary Public
Tel: +852 2856 3799 Email: email@example.com
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