- 40
A
(2)
-
The court should know and should have as much information
as possible about the parties and any concurrent criminal
B
A
B
proceedings relating to the same or similar facts.
C
C
(3)
D
discrepant with sentences passed in criminal proceedings for
comparable offences.
E
F
G
Sentences for contempt of court should not be manifestly
D
E
These principles ensure that the contemnor is punished for the contempt
and not the criminal aspect of the same conduct and the sentence is
F
G
commensurate with the severity of the contempt.
H
I
H
Turning to procedure, the Judge accepted Mr Chan’s
71.
I
submission that the court must be satisfied as to the compatibility and
J
K
workability of the civil process in enforcing the injunction as regards the
features of the NSL regime that he identified.
Noting some differences in
J
K
procedure, the Judge doubted if contempt proceedings would operate
L
M
compatibly and coherently with the procedural requirements mandated by
the NSL.36
However, by their very nature and as prescribed by Order 52
L
M
of the Rules of the High Court,37 contempt proceedings must be conducted
N
O
under different rules and procedure from those prescribed by the NSL.
Seeking compatibility between two different sets of rules and procedure
designed for different purposes is by definition quite impossible.
P
Q
importantly, it misses the mark.
N
O
More
The real question to ask is whether
contempt proceedings would, in substance and not as a matter of procedure,
P
Q
work compatibly with the NSL regime for safeguarding national security.
R
R
S
S
T
T
36
U
V
37
Decision, [67] and [68].
Cap 4A.
U
V