- 22 A B C D - preventive action, and whether the injunction is likely to be effective or may it be futile. B As seen, whether the legislation which the injunction seeks to 32. A aid intends criminal proceedings to be the primary means of enforcement C D or whether criminal proceedings will adequately achieve its public interest E F purpose are relevant considerations. Put differently, that legislation assists in informing if and how the court should exercise the discretion. E F This leads to the second aspect of the injunction sought. G G D2.2 For safeguarding national security in the HKSAR H I What the injunction seeks to enjoin is not ordinary criminal 33. offences. J K They are offences endangering national security. offences are self-evidently offences endangering national security. M So are J K In respect of section 7 of the NAO, as the Judge rightly observed, insulting the national anthem in the manner proscribed is a crime aimed at arousing sentiments for the independence of Hong Kong, and thus also endangers national security. L M 29 N O I NSL 21 offences under section 10 of the Crimes Ordinance: HKSAR v Ng Hau Yi Sidney (2021) 24 HKCFAR 417, at [30]. L H N 34. The mandates in the NSL for safeguarding national security O critically informs how the court should approach the injunction sought. P This requires some elaboration. Q Q 35. R S P The HKSAR is established in accordance with Article 31 of the Constitution of the PRC to uphold the national unity and territorial integrity and to maintain the prosperity and stability of Hong Kong: see the R S Preamble to the Basic Law. Those are the primary purposes of the “one T U V T 29 Decision, [45]. U V