- 50 A B - under the NAO and, importantly too, constitutes an act endangering national security as it misrepresents Hong Kong as an independent state or A B arouses the sentiments for the independence of Hong Kong. C D C 92. By the Certificate, the Chief Executive has assessed that D the 4 Acts pose national security risks and are contrary to the interests of E F G H national security. J K Further, as explained above, the same conclusion can be reached on the evidence. 93. Plainly, there is an immediate need to stop the 4 Acts. However, the Song is still freely available on the internet and remains prevalent. I The Certificate is binding on the court. N O F G H Having regard to the reasons advanced on behalf of the Secretary at [10] above, we accept the assessment of the executive that prosecutions alone are clearly not adequate to tackle the acute criminal problems and that there is a compelling need for an injunction, as a countermeasure, to aid the criminal law for safeguarding national security. L M E I J K L 94. First, the past and threatened conduct of the Defendants as seen in the wide-spread, persistent flouting of the criminal law before and especially after the NSL came into force, exacerbated by the misconceptions harboured by many members of the public about the M N O unlawful activities in connection with the Song, clearly shows that the P Q criminal law alone will not achieve the public interest purpose of safeguarding national security. The injunction must come to aid in terms P Q of enhancing prevention by providing additional deterrence to actual or R potential offenders and dispelling the misconceptions held by the public. S S 95. T R Second, such is the seriousness of the criminal problems that the court must intervene immediately to prevent the continuation of the T U U V V

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