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A
B
-
displacement of the well-established common law principles for
injunctions in aid of the criminal law.
Such a drastic step is unwarranted
A
B
when those principles can be suitably developed to give effect to the
C
mandates in the NSL for safeguarding national security.
D
D
Third, necessity of the injunction is a context-specific
50.
E
F
question, entailing a careful evaluation of all the relevant circumstances.
Since circumstances vary, the categories of cases where the injunction may
be granted are not closed.
G
C
E
F
Based on the authorities discussed above, it
can be readily inferred that the injunction is necessary:
H
G
H
(1)
I
where the past or threatened conduct of the defendants, such
as wide-spread, persistent flouting of the criminal law, clearly
shows that enforcement by prosecutions alone will not
J
I
J
achieve the public interest purpose of safeguarding national
K
security; or
L
(2)
where there are situations in which it is imperative for the
court to intervene at once to prevent the continuation of an
M
unlawful state of affairs or conduct which might give rise to
N
K
L
M
N
imminent threats to national security; or result in further,
serious or even irreparable damage to national security.
O
P
P
51.
We turn next to the question of deference.
Q
R
O
Q
52.
The concept of judicial deference to the executive’s
R
evaluative assessment on national security is well-established at common
S
T
law.
For more recent authorities, see CCSU v Minister for Civil Service
[1985] AC 374; Secretary of State for the Home Department v Rehman
S
T
[2003] 1 AC 153; R (Begum) v SIAC [2021] AC 765. It is based on both
U
U
V
V