- 47 A B - safeguards in the injunction to enable any person affected by it or a newcomer to apply to the court for setting aside, variation, clarification or A B to make other representations as appropriate, its contra mundum effect C alone is not a ground for not granting it. D Further, as Mr Yu agrees, since it is in substance an ex parte 82. E F injunction, the Secretary, as the applicant discharging his duty of full and frank disclosure, should draw the court’s attention to any real points based C D E F on the available evidence that may affect the court’s exercise of the G H discretion, such as the potential engagement of the right of free expression in the present case. J H D2.6 Summary I Drawing the above considerations together, the court’s 83. G I J approach to the injunction sought can be shortly stated as follows. K L K First, given its complementary nature, a civil injunction 84. L should be granted only if its assistance in terms of prevention of the M N particular acts or activities endangering national security is necessary to help the criminal law achieve its public interest purpose of safeguarding national security. O P injunction would provide greater deterrence than what the criminal law has O P Utility of the injunction is a weighty but not conclusive factor in the overall evaluation of its necessity. R Q R Second, in deciding if the injunction should be granted: 85. S S (1) T N Necessity does not require proof of certainty that nothing short of the injunction would achieve the purpose or that the already provided. Q M In relation to the assessment of national security by the executive, the court is bound by a certificate issued by the T U U V V