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 5

Layout 2

Schedule 1

[r. 2]

Rules on Requiring Foreign and Taiwan Political Organizations and Agents to Provide Information by Reason of Activities Concerning Hong Kong

1. Interpretation

In this Schedule—

foreign agent (外國代理人)—

(a) means a person who carries on activities in Hong Kong, and—

(i) is directly or indirectly directed, directly or indirectly supervised, directly or indirectly controlled, employed, subsidized or funded by a foreign government or foreign political organization, or accepts monetary or nonmonetary rewards from a foreign government or foreign political organization; and

(ii) carries on all or part of the person’s activities for the benefit of a foreign government or foreign political organization; but

(b) does not include a diplomatic agent, a consular officer, or an employee of a consular post, who is entitled to privileges and immunities in Hong Kong in accordance with the laws of Hong Kong, or any other person or body that is entitled to privileges and immunities in Hong Kong in accordance with the laws of Hong Kong;

foreign political organization (外國政治性組織)—

(a) means—

(i) a political party outside the territory of the People’s Republic of China;

(ii) any other organization outside the territory of the People’s Republic of China that pursues political ends; but

(b) does not include a political organization that does not carry on activities (including activities carried on through another person) in Hong Kong;

Taiwan agent (台灣代理人) means a person who carries on activities in Hong Kong, and—

(a) is directly or indirectly directed, directly or indirectly supervised, directly or indirectly controlled, employed, subsidized or funded by a Taiwan authority or Taiwan political organization, or accepts monetary or non-monetary rewards from a Taiwan authority or Taiwan political organization; and

(b) carries on all or part of the person’s activities for the benefit of a Taiwan authority or Taiwan political organization;

Taiwan authority (台灣當局) means the administrative authority or related organization of Taiwan;

Taiwan political organization (台灣政治性組織)—

(a) means—

(i) a political party in Taiwan;

(ii) any other organization in Taiwan that pursues political ends; but

(b) does not include a political organization that does not carry on activities (including activities carried on through another person) in Hong Kong.

2. Regulation of foreign or Taiwan political organizations

(1) If the Commissioner of Police reasonably believes that it is necessary to issue the requirement for the prevention and investigation of an offence endangering national security, the Commissioner may from time to time, with the approval of the Secretary for Security, by written notice served on a foreign political organization or Taiwan political organization, require the organization to provide the Commissioner with the following information within the specified period in the specified way—

(a) the personal particulars of the staff of the organization in Hong Kong, and of the members of the organization in Hong Kong (including name, age, type and number of identification document, occupation and residential address);

(b) the activities of the organization in Hong Kong;

(c) the assets, income, sources of income, and expenditure of the organization in Hong Kong.

(2) The obligations imposed on an organization by subsection (1) is binding on every office-bearer of the organization in Hong Kong, and on every person managing or assisting in the management of the organization in Hong Kong, if the office-bearer or person has been served with the notice under subsection (1).

(3) If an organization fails to comply with a notice served under subsection (1), every office-bearer and person who is mentioned in subsection (2) and who has been served with the notice commits an offence and is liable on conviction on indictment to a fine of $100,000 and to imprisonment for 6 months unless the office-bearer or person establishes to the satisfaction of the court that the office-bearer or person has exercised due diligence and that the office-bearer or person has failed to comply with the notice for reasons beyond the office-bearer’s or the person’s controls.

(4) If any information provided to the Commissioner of Police in compliance with a notice served under subsection (1) is false, incorrect, or incomplete in a material particular, the person who has provided the information commits an offence and is liable on conviction on indictment to a fine of $100,000 and to imprisonment for 2 years unless the person establishes to the satisfaction of the court that the person had good reason to believe that the information was true, correct and complete.

3. Regulation of foreign or Taiwan agents

(1) If the Commissioner of Police reasonably believes that it is necessary to issue the requirement for the prevention and investigation of an offence endangering national security, the Commissioner may from time to time, with the approval of the Secretary for Security, by written notice served on a foreign agent or Taiwan agent, require the agent to provide the Commissioner with the following information within the specified period in the specified way—

(a) if the agent is an individual—

(i) the activities of the agent in Hong Kong, and the personal particulars of the agent (including the activities participated by the agent in any local organization, the agent’s post, business, occupation and address);

(ii) the assets, income, sources of income, and expenditure of the agent in Hong Kong.

(b) if the agent is an organization—

(i) the personal particulars of the staff of the organization in Hong Kong, and of the members of the organization in Hong Kong (including name, age, type and number of identification document, occupation and residential address);

(ii) the activities of the organization in Hong Kong;

(iii) the assets, income, sources of income, and expenditure of the organization in Hong Kong.

(2) If an agent fails to comply with a notice served under subsection (1)(a), the agent commits an offence and is liable on conviction on indictment to a fine of $100,000 and to imprisonment for 6 months unless the agent establishes to the satisfaction of the court that the agent has exercised due diligence and has failed to comply with the notice for reasons beyond the agent’s controls.

(3) If a foreign agent or Taiwan agent is an organization—

(a) the obligations imposed on the agent by subsection (1)(b) is binding on every office-bearer in Hong Kong, and on every person managing or assisting in the management of the organization in Hong Kong, if the office-bearer or person has been served with the notice under subsection (1); and

(b) if the agent fails to comply with a notice served under subsection (1)(b), every office-bearer and person who is mentioned in paragraph (a) and who has been served with the notice commits an offence and is liable on conviction on indictment to a fine of $100,000 and to imprisonment for 6 months unless the office-bearer or person establishes to the satisfaction of the court that the office-bearer or person has exercised due diligence and that the office bearer or person has failed to comply with the notice for reasons beyond the office-bearer’s or person’s controls.

(4) If any information provided to the Commissioner of Police in compliance with a notice served under subsection (1) is false, incorrect, or incomplete in a material particular, the person who has provided the information commits an offence and is liable on conviction on indictment to a fine of $100,000 and to imprisonment for 2 years unless the person establishes to the satisfaction of the court that the person had good reason to believe that the information was true, correct and complete.

4. Service of written notices

A notice that may be served on an organization or person under section 2 or 3 of this Schedule is, in the absence of evidence to the contrary, deemed to be so served if—

(a) for an individual, the notice is—

(i) delivered to the individual;

(ii) left at the individual’s last known address for service in Hong Kong, or at the individual’s last known place of residence or business in Hong Kong;

(iii) sent by post to the individual at the individual’s last known address for service in Hong Kong, or at the individual’s last known postal address in Hong Kong; or

(iv) sent by electronic mail transmission, fax transmission or other similar method to the individual at the individual’s last known address for service in Hong Kong, or at the individual’s last known postal address in Hong Kong, or at the individual’s last known place of residence or business in Hong Kong;

(b) for an organization, the notice is—

(i) given to or served on an office-bearer of the organization in Hong Kong, or a person managing or assisting in the management of the organization in Hong Kong;

(ii) left at the organization’s last known address for service in Hong Kong, or at its last known address in Hong Kong;

(iii) sent by post to the organization at its last known address for service in Hong Kong, or at its last known postal address in Hong Kong; or

(iv) sent by electronic mail transmission, fax transmission or other similar method to the organization at its last known address for service in Hong Kong, or at its last known postal address in Hong Kong, or at its last known address in Hong Kong.