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
- CACV274/2023
The Court of Appeal held that a civil interlocutory injunction in aid of the criminal law may be granted to safeguard national security where, after giving due deference to executive national security assessments (and accepting a binding NSL s47 certificate where present), the court itself concludes the injunction is necessary and of real utility to assist the criminal regime; applying that test to the facts the court granted a contra mundum interlocutory injunction (with clear scope, exceptions for lawful academic/news activity and liberty to apply) because prosecutions alone were insufficie…