8 May 2024
SECRETARY FOR JUSTICE v. PERSONS CONDUCTING THEMSELVES IN ANY OF THE ACTS PROHIBITED UNDER PARAGRAPH 1(a), (b), (c) OR (d) OF THE INDORSEMENT OF CLAIM
- Citation
- [2024] HKCA 442
- Court
- Court of Appeal
- Case number
- CAMP303/2023
The Court of Appeal allowed the appeal and granted an interlocutory contra mundum injunction because (1) the Chief Executive's NSL s47 certificate and the evidence established the 4 Acts posed national security risks, (2) a civil injunction is a permissible and necessary supplementary preventive measure where prosecutions alone would be inadequate to safeguard national security, (3) the court, while giving considerable deference to the executive on national security assessment, must itself decide the legal question of necessity and utility, and (4) concerns about unfairness, conflicts with cr…