- 25
A
-
social organizations, the media, and the internet; and NSL 10
requires the Region to promote national security education in
B
A
B
schools and universities and through social organizations, the
C
media, the internet and other means to raise the awareness of
Hong Kong residents of national security and of the obligation
D
C
D
to abide by the law.
E
F
E
39.
G
Focusing on the court’s duty, NSL 3(3) provides:
“The … judiciary of the Region shall effectively prevent,
suppress and impose punishment for any act or activity
endangering national security in accordance with [the NSL] and
other relevant laws.”
H
I
K
Wynn Owen KC (2022) 25 HKCFAR 288, at [33]:
N
O
S
T
L
M
N
O
41.
R
J
K
“The courts of the HKSAR are of course fully committed to
safeguarding national security and to acting effectively to
prevent, suppress and impose punishment for any act or activity
endangering national security as required by NSL 3. That duty
would unfailingly be carried out whenever national security
issues are properly raised and duly explored, enabling the courts
to undertake a proper adjudication of those issues.”
M
Q
H
As to how the court should carry out the mandate in NSL 3(3),
the Court of Final Appeal emphasized in Secretary for Justice v Timothy
L
P
G
I
40.
J
F
Significantly, the Court of Final Appeal went on to point out
that, in relation to the context of that case, namely, ad hoc admissions of
overseas counsel, where national security considerations properly arise,
such considerations are plainly of the highest importance to be taken into
account.
The same must be equally true in other contexts where the
court’s discretion is invoked, such as the present.
The court must give the
national security considerations raised by the Secretary such weight as is
commensurate with their highest importance.
P
Q
R
S
T
U
U
V
V