- 50
A
B
-
under the NAO and, importantly too, constitutes an act endangering
national security as it misrepresents Hong Kong as an independent state or
A
B
arouses the sentiments for the independence of Hong Kong.
C
D
C
92.
By the Certificate, the Chief Executive has assessed that
D
the 4 Acts pose national security risks and are contrary to the interests of
E
F
G
H
national security.
J
K
Further, as
explained above, the same conclusion can be reached on the evidence.
93.
Plainly, there is an immediate need to stop the 4 Acts.
However, the Song is still freely available on the internet and remains
prevalent.
I
The Certificate is binding on the court.
N
O
F
G
H
Having regard to the reasons advanced on behalf of the
Secretary at [10] above, we accept the assessment of the executive that
prosecutions alone are clearly not adequate to tackle the acute criminal
problems and that there is a compelling need for an injunction, as a countermeasure, to aid the criminal law for safeguarding national security.
L
M
E
I
J
K
L
94.
First, the past and threatened conduct of the Defendants as
seen in the wide-spread, persistent flouting of the criminal law before and
especially after the NSL came into force, exacerbated by the
misconceptions harboured by many members of the public about the
M
N
O
unlawful activities in connection with the Song, clearly shows that the
P
Q
criminal law alone will not achieve the public interest purpose of
safeguarding national security. The injunction must come to aid in terms
P
Q
of enhancing prevention by providing additional deterrence to actual or
R
potential offenders and dispelling the misconceptions held by the public.
S
S
95.
T
R
Second, such is the seriousness of the criminal problems that
the court must intervene immediately to prevent the continuation of the
T
U
U
V
V