The Ex-Parte Order that the company obtained on 17/2/2011 (A rough translation only)

[A rough translation into English]

IN THE HIGH COURT OF MALAYA AT SHAH ALAM

IN THE STATE OF SELANGOR DARUL EHSAN, MALAYSIA

GUAMAN NO: 22 NCVC – 173 – 2011

BETWEEN

ASAHI KOSEI SDN BHD

(Company No: 307712-U)                                                                         … PLAINTIF

AND

CHARLES HECTOR FERNANDEZ                                                  …DEFENDANT

BEFORE LEARNED JUDGE

LIM YEE LAN

ON 17 FEBRUARI 2011                                                                   IN CHAMBERS

ORDER

ON THE APPLICATION of the abovenamed Plaintif AND AFTER HAVING READ the Summons in Chambers dated 14^th February 2011 and Affidavit in Support affirmed by Kung Han Teong on 14^th February 2011 including the Afidavit in Support (Addition) affirmed by Kung Han Teong on 16^th February 2011 whereby all of which had been filed here AND AFTER HEARING Mr T. H. Tan, solicitor for the Plaintiff IT IS ORDERED on the undertaking of the Plaintiff given by their counsel to comply whatever order that this Court may make about damages that the Defendant may suffer following this order that has been applied for an given here that:-

a.         An injunction that the Defendan be it by himself and/or his servants or his agents or through whatever other means cause the removal/deletion/erasure of the following postings from the Defendant’s blog www.charleshector.blogspot.com immediately:-

i.          “Hopefully ASAHI KOSEI (M) SDN BHD. wont terminate/deport workers who claim rights”;

ii.         “URGENT:- Stop ASAHI KOSEI(M) SDN BHD. from sending bach Thiha Soe (PP No: A458011) back to Burma”

iii.        “Asahi Kosei Update: Thiha Soe and Aung San being held separately in undisclosed location”;

iv.        “Asahi Kosei Update (3): Labour Department Complaint lodged. Thiha Soe and Aung San safe…”

v.         “Media Statement (69 Groups) – Asahi Kosei (M) Sdn Bhd Must Respect Human Rights and Worker Rights – Reinstate Thiha Soe and Aung San Without Loss of Benefits”;

vi.        “Asahi Kosei(M) Sdn Bhd Must Respect Human Rights and Worker Rights – Reinstate Thiha Soe and Aung San Without Loss of Benefits (77 Groups)”;

or whatever other postings about the subject matter of Myanmmar workers associated with the Plaintiff.

b.         an injunction that the Defendant be it by himself or his servants or agents or through whatever other means be prevented from posting or republishing or issuing or touching on any statement about the subject matter of Myanmmar workers associated with the Plaintiff through the blog www.charleshector.blogspot.com or through any other form of communication whatsoever until the final settlement of this suit including appeals concerning this suit.

c.         cost be paid by the Defendant;

AND FINALLY IT IS ORDERED that the return date for the hearing of this Summons in Chambers inter-parte be fixed on 4^th March 2011 at 8.30am.

Dated this 17^th day of February 2011

(sgned)

………………………..

Senior Assistant Registrar

High Court

Shah Alam

NOTIS PURSUANT TO ORDER 45 RULE 7(4)

If you, CHARLES HECTOR FERNANDEZ, the abovenamed Defendant, fail to comply with this order, you will be subjected to execution proceedings to compel your compliance.

ORDER filed by Messrs T.S. Teoh & Partners, solicitors of the Petitioner which have the address of service at No.30, Jalan 10/116B, Kuchai Entrepreneurs’ Park, Jalan Kuchai Lama, 58200 Kuala Lumpur.

Tel: 03-79844792 Fax: 03-79844791    B.C. Box: 416

(Ref: TST/TTH/L451(2)L(tth)