- 38
A
granted.
-
So as a matter of principle, the perceived unfairness per se is not
B
a ground for refusing to grant the injunction.
C
67.
D
E
F
A
B
It is settled that contempt proceedings are distinct from
criminal proceedings although they may arise from the same facts: Director
of Public Prosecutions v Tweddell [2002] 2 FLR 400, per Latham LJ at
[14]. Contempt proceedings are founded on the inherent jurisdiction of
the court to enforce its orders with the primary purpose of preventing
C
D
E
F
interference with the due administration of justice, which is different from
G
H
criminal proceedings for maintenance of law and order. Mr Chan submits
that civil contempt had been historically regarded as a common law
misdemeanor.
I
J
L
H
As such, committal proceedings could potentially be
regarded as prosecution in the NSL context.
He further argues that
offences endangering national security in the NSL cover contempt
proceedings in relation to violation of the injunction.
K
G
I
J
However, it is well
established that given the clear distinction between contempt proceedings
and criminal proceedings, both in terms of jurisdiction and procedure, the
K
L
former are not criminal prosecution as such: Chu Kong v Sun Min (2022)
M
M
25 HKCFAR 318, at [67].
N
N
68.
O
P
Referring to the civil nature of contempt proceedings
(Secretary for Justice v Cheung Kai Yin [2016] 4 HKLRD 367), Mr Chan
submits that the contemnor would be deprived of the procedural safeguards
in the NSL criminal regime.
Q
R
O
P
However, the court, acutely mindful of the
serious consequence that an alleged contemnor is facing, will ensure that
his right to a fair trial is fully protected at every stage of the contempt
Q
R
proceedings.
S
T
S
69.
In principle, contempt proceedings should be dealt with
swiftly and decisively. On the other hand, the court has a discretion to
T
U
U
V
V