- 26
A
B
42.
-
Further, NSL 8 specifically mandates the court to apply the
NSL and all local laws for prevention, suppression and punishment of
A
B
offences endangering national security as follows:
C
C
“In order to safeguard national security effectively, the …
judicial authorities of the [HKSAR] shall fully enforce [the
NSL] and the laws in force in the Region concerning the
prevention of, suppression of, and imposition of punishment for
acts and activities endangering national security.”
D
E
D
E
F
F
43.
G
H
In making that mandate, the legislative intent of NSL 8 is
clear. The NSL and all existing local laws, including both criminal law
and civil law, work in tandem to safeguard national security. The criminal
G
H
law alone, including prosecution of offences endangering national security
I
J
under the NSL or local criminal laws such as those in the present case, NSL
21 or sections 9 and 10 of the Crimes Ordinance, is not adequate to achieve
I
J
the immensely important public interest of safeguarding national security.
K
L
M
N
O
P
Q
Put differently, the criminal law including prosecution is not intended to be
the only means of enforcement for safeguarding national security.
Where
necessary and appropriate, the civil law must come to aid.
44.
Most relevantly, the court under the mandate of NSL 8 must
fully enforce the equitable jurisprudence in granting injunctions in aid of
the criminal law for safeguarding national security because such
injunctions, as seen, being preventive in nature, pursue the aim of
preventing acts or activities endangering national security. This should
K
L
M
N
O
P
Q
be firmly borne in mind when considering the court’s approach to
R
applications like the present.
S
S
45.
T
U
V
R
The general principles for injunctions in aid of the criminal
law, which originate from non-national security contexts, when applied for
safeguarding national security, are necessarily subject to the above
T
U
V