- 27
A
B
mandates in the NSL.
-
Further, in recognition of the legislative intent that
the NSL is to operate in tandem with local laws, seeking convergence,
A
B
compatibility and complementarity, subject to NSL 62 which gives priority
C
D
to the NSL for inconsistencies (HKSAR v Lai Chee Ying (2021) 24
HKCFAR 33, at [29]), they must evolve, as they are so capable of in equity,
to give full effect to those mandates.
E
E
developed may be stated as follows.
F
46.
H
D
The general principles thus
F
G
C
First, although the NSL does not intend it to be the only means
of enforcement, the criminal regime, especially the NSL itself, covering
investigations, pre-trial applications, prosecutions, and penalties, is
G
H
evidently the most powerful legal means for preventing, suppressing and
I
J
K
punishing acts and activities endangering national security.
In contrast, a
civil injunction in aid of the criminal law primarily aims at one particular
aspect, that is, preventing such acts and activities.
It complements the
criminal regime in that regard as a supplementary tool.
L
M
N
O
Q
47.
Second, that being its essential nature, a civil injunction
should be granted only if its assistance in terms of prevention of the
particular acts or activities endangering national security is necessary to
help the criminal law achieve its public interest purpose of safeguarding
Implicit in necessity is utility.
S
K
M
N
O
For if the injunction is
of no or little utility, it will provide no or minimal assistance to the criminal
law, rendering it unnecessary. However, utility is not the only criterion
although it is no doubt a weighty consideration.
R
J
L
national security.
P
I
P
Q
The overall question
remains whether the injunction, with its utility and playing its
complementary role, is necessary to assist the criminal law for
R
S
safeguarding national security.
T
T
U
U
V
V