- 40 A (2) - The court should know and should have as much information as possible about the parties and any concurrent criminal B A B proceedings relating to the same or similar facts. C C (3) D discrepant with sentences passed in criminal proceedings for comparable offences. E F G Sentences for contempt of court should not be manifestly D E These principles ensure that the contemnor is punished for the contempt and not the criminal aspect of the same conduct and the sentence is F G commensurate with the severity of the contempt. H I H Turning to procedure, the Judge accepted Mr Chan’s 71. I submission that the court must be satisfied as to the compatibility and J K workability of the civil process in enforcing the injunction as regards the features of the NSL regime that he identified. Noting some differences in J K procedure, the Judge doubted if contempt proceedings would operate L M compatibly and coherently with the procedural requirements mandated by the NSL.36 However, by their very nature and as prescribed by Order 52 L M of the Rules of the High Court,37 contempt proceedings must be conducted N O under different rules and procedure from those prescribed by the NSL. Seeking compatibility between two different sets of rules and procedure designed for different purposes is by definition quite impossible. P Q importantly, it misses the mark. N O More The real question to ask is whether contempt proceedings would, in substance and not as a matter of procedure, P Q work compatibly with the NSL regime for safeguarding national security. R R S S T T 36 U V 37 Decision, [67] and [68]. Cap 4A. U V

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