41-532: Occupy Central (Chinese: 佔領中環 ) may refer to: Occupy Central (2011–12) Occupy Central with Love and Peace The 2014 Hong Kong protests The Umbrella Movement , a related political movement in Hong Kong Topics referred to by the same term [REDACTED] This disambiguation page lists articles associated with the title Occupy Central . If an internal link led you here, you may wish to change
82-426: A party to do or refrain from specific acts. "When a court employs the extraordinary remedy of injunction, it directs the conduct of a party, and does so with the backing of its full coercive powers ." A party that fails to comply with an injunction faces criminal or civil penalties , including possible monetary sanctions and even imprisonment . They can also be charged with contempt of court . The injunction
123-428: A dispute than the injunction. In the state of New South Wales , a court may grant an apprehended violence order (AVO) to a person who fears violence, harassment, abuse, or stalking . The order prohibits the defendant from assaulting, harassing, threatening, stalking, or intimidating the person seeking the order. Other conditions may be included, such as a prohibition against contacting the person or attempting to find
164-593: A federal court in the 1920s effectively barred the United Mine Workers of America from talking to workers who had signed yellow dog contracts with their employers. Unable to limit what they called "government by injunction" in the courts, labor and its allies persuaded the United States Congress in 1932 to pass the Norris-LaGuardia Act , which imposed so many procedural and substantive limits on
205-530: A net cost on consumers, thus obviating the role of antitrust enforcement. Interim injunctions or interim orders are granted as a means of providing interim relief while a case is being heard, to prevent actions being implemented which potentially may be barred by a final ruling. In England and Wales, injunctions whose existence and details may not be legally reported, in addition to facts or allegations which may not be disclosed, have been issued; they have been informally dubbed "super-injunctions". An example
246-477: A party seeks injunctive relief to enforce the grievance arbitration provisions of a collective bargaining agreement . Second, injunctions were crucial to the second half of the twentieth century in the desegregation of American schools. Federal courts gave injunctions that carried out the command of Brown v Board of Education to integrate public schools in the United States, and at times courts took over
287-497: A preliminary injunction tend to be the same as for a permanent injunction, with the additional requirement that the party asking for the injunction is likely to succeed on the merits. Permanent injunctions are issued after trial. Different federal and state courts sometimes have slightly different requirements for obtaining a permanent injunction. The Supreme Court enumerated the traditional four-factor test in eBay Inc. v. MercExchange, L.L.C. as: The balance of hardships inquiry
328-487: A proper motion to the court) if circumstances change in the future. These features of the injunction allow a court granting one to manage the behavior of the parties. That is the most important distinction between the injunction and another non-monetary remedy in American law, the declaratory judgment . Another way these two remedies are distinguished is that the declaratory judgment is sometimes available at an earlier point in
369-689: A super-injunction but also including an order that the injunction must not be discussed with members of Parliament, journalists, or lawyers. One known hyper-injunction was obtained at the High Court in 2006, preventing its subject from saying that paint used in water tanks on passenger ships can break down and release potentially toxic chemicals. This example became public knowledge in Parliament under parliamentary privilege. By May 2011, Private Eye claimed to be aware of 53 super-injunctions and anonymised privacy injunctions, though Lord Neuberger's report into
410-472: Is also sometimes called the "undue hardship defense". A stay pending appeal is a mechanism allowing a losing party to delay enforcement of an injunction while appeal is pending after final judgment has been granted by a lower court. The DOJ and the FTC have investigated patent holders in the United States for seeking preliminary injunctions against accused infringers of standard-essential patents , or patents that
451-589: Is an equitable remedy, that is, a remedy that originated in the English courts of equity . Like other equitable remedies, it has traditionally been given when a wrong cannot be effectively remedied by an award of money damages. (The doctrine that reflects this is the requirement that an injunction can be given only when there is "no adequate remedy at law.") Injunctions are intended to make whole again someone whose rights have been violated. Nevertheless, when deciding whether to grant an injunction, courts also take into account
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#1732841887089492-409: Is called a "mandatory injunction." An injunction that prohibits conduct is called a "prohibitory injunction." Many injunctions are both—that is, they have both mandatory and prohibitory components, because they require some conduct and forbid other conduct. When an injunction is given, it can be enforced with equitable enforcement mechanisms such as contempt. It can also be modified or dissolved (upon
533-470: Is likely to succeed on the merits, that he is likely to suffer severe harm in the absence of preliminary relief, and that an injunction is in the public interest. In Turkish law, interim injunction is an extraordinary remedy that is never awarded as of right. In each case, courts balance the competing claims of injury and consider the likely hardship on the defendant. Injunctions have been especially important at two moments in American history. First, in
574-406: Is usually to preserve the status quo until the court is able to decide the case. A special kind of injunction that may be issued before trial is called a "temporary restraining order" or TRO. A TRO may be issued without notice to the other party or a hearing. A TRO will be given only for a short period of time before a court can schedule a hearing at which the restrained person may appear and contest
615-512: The HSBC headquarters in Central , an iconic landmark of the territory's central business district. The plaza is the bank's property, but was deeded during construction in 1983 as an area dedicated to serve as a public pedestrian passage. The Hong Kong encampment, aiming at creating an ideal community advocating "equality", attracted a commune of occupiers including students, young professionals, activists,
656-519: The Supreme Court stated that the scope of federal injunctive relief is constrained by the limits on equitable remedies that existed in the English Court of Chancery around 1789. Injunctions in the United States tend to come in three main forms: temporary restraining orders, preliminary injunctions and permanent injunctions. For both temporary restraining orders and preliminary injunctions, the goal
697-543: The area. In the meantime, campers confronted the officials, claiming that they did not show the court's order of clearance before their action. The bailiffs, however, ignored the complaints and continued the clearance operation. The number of protestors increased from five to a few dozen. As protestors outside the plaza forced their way into the building, scuffles broke out between them and security guards. A few guards were injured and were sent to hospital. Some occupiers zipped themselves in tents, trying to avoid being removed by
738-429: The bailiffs. By 4pm, the last of the 11 campers was forcibly evicted from the ground. The plaza was sealed. (The gate to the plaza is not often closed, except during a typhoon strike.) Three people were arrested for assaulting security guards. However, the police did not otherwise interfere in the clearance. Injunction An injunction is an equitable remedy in the form of a special court order that compels
779-459: The court to assign bailiffs to carry out the eviction order. On 11 September 2012, 15 days after the eviction deadline imposed by the court, court bailiffs removed the remaining campers from the HSBC plaza. The bailiffs arrived in the morning to administer their task but faced tough resistance, thus prolonging the clearance to almost eight hours. They first removed furniture and tents of the occupants in
820-612: The court's order might be declared contempt of court , for which offenders can be sentenced to a fine at level 3 and to imprisonment for six months. Still, the protesters argued that the space was public, and that they had the right to use it freely. On 27 August 2012, defiant protesters ignored the Court's order for them to leave the HSBC headquarters. In the evening, protesters held a concert while chanting slogans "Do not leave even if we will die" and vowing to continue their 10-month movement. One supporter burned joss paper and plastic shoes at
861-410: The deadline, when court bailiffs were sent to evict the occupants. Ending on 11 September, the movement remains one of the lengthiest Occupy movements in the world. The Occupy movement is an international protest movement against social and economic inequality . Its primary goal is to make society's economic structure and power relations more fair. Each local group has its own focus, but among
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#1732841887089902-479: The federal courts' power to issue injunctions that it effectively prohibited federal court from issuing injunctions in cases arising out of labor disputes. A number of states followed suit and enacted "Little Norris-LaGuardia Acts" that imposed similar limitations on state courts' powers. The courts have since recognized a limited exception to the Norris-LaGuardia Act's strict limitations in those cases in which
943-413: The injunction was varied to permit reporting of the question. By long legal tradition, parliamentary proceedings may be reported without restriction. Parliamentary proceedings are covered by absolute privilege , but the reporting of those proceedings in newspapers is only covered by qualified privilege. Another example of the use of a super-injunction was in a libel case in which a plaintiff who claimed he
984-432: The interests of non-parties (that is, the public interest). When deciding whether to give an injunction, and deciding what its scope should be, courts give special attention to questions of fairness and good faith. One manifestation of this is that injunctions are subject to equitable defenses, such as laches and unclean hands . Injunctions are given in many different kinds of cases. They can prohibit future violations of
1025-601: The late nineteenth and early twentieth century, federal courts used injunctions to break strikes by unions. For example, after the United States government successfully used an injunction to outlaw the Pullman boycott in 1894 in In re Debs , employers found that they could obtain federal court injunctions to ban strikes and organizing activities of all kinds by unions . These injunctions were often extremely broad; one injunction issued by
1066-462: The law, such as trespass to real property, infringement of a patent, or the violation of a constitutional right (e.g., the free exercise of religion). Or they can require the defendant to repair past violations of the law. An injunction can require someone to do something, like clean up an oil spill or remove a spite fence . Or it can prohibit someone from doing something, like using an illegally obtained trade secret. An injunction that requires conduct
1107-451: The link to point directly to the intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=Occupy_Central&oldid=1184099557 " Category : Disambiguation pages Hidden categories: Articles containing Chinese-language text Short description is different from Wikidata All article disambiguation pages All disambiguation pages Occupy Central (2011%E2%80%9312) Occupy Central
1148-764: The management of public schools in order to ensure compliance. (An injunction that puts a court in the position of taking over and administering an institution—such as a school, a prison, or a hospital—is often called a " structural injunction ".) Injunctions remain widely used to require government officials to comply with the Constitution, and they are also frequently used in private law disputes about intellectual property, real property, and contracts. Many state and federal statutes, including environmental statutes , civil rights statutes and employment-discrimination statutes , are enforced with injunctions. In Grupo Mexicano de Desarrollo, S.A. v. Alliance Bond Fund, Inc. (1999),
1189-467: The occupied area within 14 days, that is by 9pm on 27 August 2012. Mr Justice Reuder Lai stated that the activists' use of the space went beyond its role as a public passageway, and there was no legal basis for them to continue occupying the area. Following the hearing, a number of protesters said they would not contest the ruling and would continue their protest in other public areas. However, some defiantly declared 'We'll never leave! In your dreams'. One of
1230-499: The order. If the TRO is contested, the court must decide whether to issue a preliminary injunction. Temporary restraining orders are often, but not exclusively, given to prevent domestic violence, stalking, sexual assault, or harassment. Preliminary injunctions are given before trial. Because they are issued at an early stage, before the court has heard the evidence and made a decision in the case, they are more rarely given. The requirements for
1271-406: The organisers, surnamed Wong, told the press that the plaza was so big that their campaign did not stop members of the public from passing through. Although there was some public support for the protesters at the height of the worldwide Occupy movement, critics said the campaigners had overstayed their welcome, and believed it was time to move on. Legal professionals warned that the action of defying
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1312-430: The patent holder must license on reasonable and non-discriminatory terms . There is an ongoing debate among legal and economic scholars with major implications for antitrust policy in the United States as well as in other countries over the statutory limits to the patent holder's right to seek and obtain injunctive relief against infringers of standard-essential patents. Citing concerns of the absence of competition facing
1353-511: The patent holder once its technology is locked-in to the standard , some scholars argue that the holder of a standard-essential patent should face antitrust liability when seeking an injunction against an implementer of a standard. Other scholars assert that patent holders are not contractually restrained from pursuing injunctions for standard-essential patent claims and that patent law is already capable of determining whether an injunction against an infringer of standard-essential patents will impose
1394-512: The person online. A court may issue the order if it believes a person has reasonable grounds for their fears or has no reasonable grounds for their fears. Non-compliance may result in the imposition of a fine, imprisonment, or both, and deportation. Interim injunctions are a provisional form of injunctive relief, which can compel a party to do something (mandatory injunction) or stop it from doing something (prohibitory injunction). A plaintiff seeking an interim injunction must establish that he
1435-407: The primary concerns are the claims that large corporations and the global financial system control the world in a way that disproportionately benefits a minority, undermines democracy, and is unstable. Echoing the global Occupy movement against corporate greed and economic inequality, the 'Occupy Central' campaign of Hong Kong started on 15 October 2011, with protestors tenanting the plaza beneath
1476-415: The scene, attracting around 20 policemen and firemen who arrived to conduct a check. Some of the about 40 activists pledged to stay overnight even after security guards put up a board outside the building at 10pm, one hour after the clearance deadline, notifying the protesters of the High Court's prohibition order. The spokesman of HSBC announced that if the protesters did not clear out, the bank would request
1517-520: The unemployed and homeless. As at 11 December 2011 and August 2012, there were around 20 and 10 campers respectively, but more than 200 participants engaged in the campaign at its height. The campaign carried on for 10 months non-stop. In June 2012, HSBC brought the case to the High Court after previous requests for the activists to leave voluntarily were ignored. On 13 August 2012, the court granted an injunction and ruled that protesters must clear out
1558-534: The use of super-injunctions revealed that only two super-injunctions had been granted since January 2010. Many media sources were wrongly describing all gagging orders as super-injunctions. The widespread media coverage of super-injunctions led to a drop in numbers after 2011; however four were granted in the first five months of 2015. Injunctions defined by the European Commission as injunctions which can be issued for instance in cases in which materially
1599-515: Was defamed by family members in a dispute over a multimillion-pound family trust obtained anonymity for himself and for his relatives. Roy Greenslade credits the former editor of The Guardian , Alan Rusbridger , with coining the word "super-injunction" in an article about the Trafigura affair in September 2009. The term "hyper-injunction" has also been used to describe an injunction similar to
1640-405: Was an occupation protest that took place in Central, Hong Kong from 15 October 2011 to 11 September 2012. The camp was set up at a plaza beneath the HSBC headquarters . On 13 August 2012, the High Court granted an injunction against the continuation of the protest, and ordered the occupants to leave by 9pm on 27 August. But protesters defied the order and remained in place until 15 days after
1681-601: Was the super-injunction raised in September 2009 by Carter-Ruck solicitors on behalf of oil trader Trafigura , prohibiting the reporting of an internal Trafigura report into the 2006 Ivory Coast toxic waste dump scandal. The existence of the super-injunction was revealed only when it was referred to in a parliamentary question that was subsequently circulated on the Internet ( parliamentary privilege protects statements by MPs in Parliament which would otherwise be held to be in contempt of court). Before it could be challenged in court,