- 7 A B - Upon the request by the Court of First Instance on 8 July 2023, 9. the Chief Executive issued a certificate under NSL 47 (“the Certificate”). A B There, the Chief Executive, having assessed that the 4 Acts pose national C D security risks and are contrary to the interests of national security, 8 certifies that the 4 Acts involve national security. Pursuant to NSL 47, the C D Certificate is binding on the courts. E F E By a summons dated 5 June 2023, the Secretary applied for 10. F an interim injunction in aid of criminal law in terms identical to the relief G H sought in the Indorsement of Claim. the Song. He did not seek a complete ban of His case was that criminal investigation and prosecution alone G H was ineffective in combating the criminal problems caused by the Song I J and the injunction in aid of the criminal law would be of high utility. Two main reasons were advanced:9 K (1) J Based on the police’s experience, unless restrained by a clear court order specifying that the specified acts in respect of the L I K L Song are legally prohibited, the Defendants likely will M continue with them. Many netizens are under the misconception that they may hide behind their pseudo-names N M N and do whatever they want without proper regard to the law, O and some mistakenly think that the mere singing, uploading or sharing of the Song is “harmless” regardless of the message P and effect. Q individual perpetrator and prosecute him/her out of the large number of perpetrators, giving the false impression that there S is no legal consequence and the acts are not legally prohibited. T V Q R S T 8 U P These misconceptions are exacerbated by the time needed for police’s investigation into the identity of each R O 9 That part of the Certificate is couched in terms identical to paragraph 1 of the Indorsement of Claim. See Wong’s Affidavit, [71] - [75]. U V