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/Schedule 1

Layout 2

Schedule 1

[r. 2]

Rules Relating to Search of Places for Evidence

1. Interpretation

In this Schedule—

place (地方) means any place, and includes—

(a) any vehicle, vessel, aircraft, hovercraft or other conveyance;

(b) any tent or structure (whether or not movable or offshore); and

(c) any electronic equipment;

specified evidence (指明證據) means anything that is or contains, or that is likely to be or contain, evidence of an offence endangering national security.

2. Magistrate’s warrants

(1) A police officer may, for investigation of an offence endangering national security, apply to a magistrate by information on oath for a warrant under this section in relation to the place specified in the information.

(2) A magistrate may issue a warrant authorizing a police officer with such assistants as may be necessary to enter and search any place if the magistrate is satisfied by information on oath that there is reasonable ground for suspecting that any specified evidence is in the place.

(3) A warrant issued under subsection (2) authorizes the police officer to—

(a) enter (and by the use of reasonable force if necessary) and search the place;

(b) inspect, examine, search, seize, remove and detain anything in the place that the officer reasonably believes to be specified evidence; and

(c) detain any person found in the place until the place has been searched.

3. Circumstances in which magistrate’s warrants are not necessary

(1) If a police officer not below the rank of Assistant Commissioner of Police is satisfied that—

(a) there is reasonable ground for suspecting that any specified evidence is in a place;

(b) there is reasonable ground for believing that the evidence is necessary for any of the matters specified in subsection (2); and

(c) for any reason it would not be reasonably practicable to obtain a warrant,

the police officer, or another police officer authorized by the police officer, may exercise the power under section 2(3) of this Schedule for investigation of an offence endangering national security without a warrant.

(2) The matters specified for the purposes of subsection (1)(b) are—

(a) investigation of an offence endangering national security;

(b) procurement and preservation of evidence of an offence endangering national security;

(c) protection of the safety of any persons.