- 54
A
B
the HKSAR is concerned.
-
Further, the reference to section 9 of the
Crimes Ordinance (now repealed) has to be changed to section 23 of the
A
B
Safeguarding National Security Ordinance (Instrument A305).
C
D
C
Mr Yu specifically asks for an order that the acts of publishing
102.
D
of the 32 Items via the Uniform Resource Locators constitute acts being
E
F
restrained by the injunction. This does not feature in the relief claimed in
the Indorsement of Claim or the summons.
Presently formulated, the
E
F
Indorsement of Claim and the summons, and for that matter, the Certificate,
G
H
all direct at acts committed in relation to the Song with the requisite mens
rea.
They do not specifically refer to the acts of publishing of the 32 items
via the URLs simplicitor.
I
J
K
L
M
N
O
H
Mr Yu however submits that while the
injunction does not seek to prohibit the specified acts without the requisite
mens rea, the evidence clearly establishes that the acts of publishing the 32
Items via the URLs are done with the requisite mens rea. To make good
his submissions, Mr Yu has taken us through the evidence, showing that
the 32 Items were broadcast or published etc either in circumstances
capable of inciting others to commit secession or in such a way as to
misrepresent the Song as the national anthem insofar as the HKSAR is
concerned.
G
Giving the matter due consideration, we are satisfied that for
the purpose of the injunction, both the requisite actus reus and mens rea
I
J
K
L
M
N
O
are present for each of the 32 Items and that there is a proper basis for the
P
order sought.
Q
Q
103.
R
S
P
To address the concern about potential engagement of the
right to free expression, Mr Yu has proposed exceptions, which we accept,
for lawful activities conducted in connection with the Song, such as those
R
S
T
T
U
U
V
V
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