Implementation Rules For Article 43 Of The Law Of The People’S Republic Of China On Safeguarding National Security In The Hong Kong Special Administrative Region
| Law Number | Cap. A303 |
| Year | 2026 |
| Type of Document | Instrument |
(Made by the Chief Executive in conjunction with the Committee for Safeguarding National Security of the Hong Kong Special Administrative Region under the third paragraph of Article 43 of the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region)
WHEREAS—
- at its Twentieth Meeting on 30 June 2020, the Standing Committee of the Thirteenth National People’s Congress, after consulting the Committee for the Basic Law of the Hong Kong Special Administrative Region and the Government of the Hong Kong Special Administrative Region, decided to add the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (a translation of “《中華人民共和國香港特別行政區維護國家安全法》”) to the list of national laws in Annex III to the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China;
- on 30 June 2020, the Chief Executive gave notice that the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region applies from 11 p.m. on 30 June 2020 in the Hong Kong Special Administrative Region;
- the first paragraph of Article 43 of the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region provides, to the effect that, when handling cases concerning offence endangering national security, the department for safeguarding national security of the Police Force of the Hong Kong Special Administrative Region may take measures that law enforcement authorities, including the Hong Kong Police Force, are allowed to apply under the laws in force in the Hong Kong Special Administrative Region in investigating serious crimes, and may also take the following measures—
- search of premises, vehicles, vessels, aircraft and other relevant places and electronic devices that may contain evidence of an offence;
- ordering any person suspected of having committed an offence endangering national security to surrender travel documents, or prohibiting the person concerned from leaving the Region;
- freezing of, applying for restraint order, charging order and confiscation order in respect of, and forfeiture of property used or intended to be used for the commission of the offence, proceeds of crime, or other property relating to the commission of the offence;
- requiring a person who published information or the relevant service provider to delete the information or provide assistance;
- requiring a political organization of a foreign country or outside the mainland, Hong Kong and Macao of the People’s Republic of China, or an agent of authorities or a political organization of a foreign country or outside the mainland, Hong Kong and Macao of the People’s Republic of China, to provide information;
- upon approval of the Chief Executive, carrying out interception of communications and conducting covert surveillance on a person who is suspected, on reasonable grounds, of having involved in the commission of an offence endangering national security; and
- requiring a person, who is suspected, on reasonable grounds, of having in possession information or material relevant to investigation, to answer questions and furnish such information or produce such material; and
- the third paragraph of Article 43 of the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region authorizes the Chief Executive, in conjunction with the Committee for Safeguarding National Security of the Hong Kong Special Administrative Region, to make relevant implementation rules for the purpose of applying the measures under the first paragraph of that Article:
NOW, THEREFORE, these...
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