Page:Hong Kong National Security Law Article 43 Implementation Rules.pdf/108

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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 7
L.N. 139 of 2020
Section 2
B2611

(10) An order under subsection (2), and a notice in writing imposing a requirement under subsection (5) or (6), may be made in relation to information held by, and material in the possession of any Government department or any body specified by the Chief Executive by notice in the Gazette.

(11) A person is not excused from furnishing information or producing any material required under this section on the ground that to do so—

(a) might tend to incriminate the person; or
(b) would breach an obligation as to secrecy or another restriction on the disclosure of information or material imposed by statute or otherwise.

(12) A statement by a person in response to a requirement imposed by virtue of this section may not be used against the person in criminal proceedings against the person except as follows—

(a) in evidence in proceedings under subsection (14) or section 36 of the Crimes Ordinance (Cap. 200); or
(b) for the purpose of impeaching the person’s credibility in proceedings in respect of any offence where in giving evidence the person makes a statement inconsistent with it.

(13) Any person who without reasonable excuse fails to comply with a requirement imposed on the person under this section commits an offence and is liable on conviction on indictment to a fine of $100,000 and to imprisonment for 1 year.

(14) Any person who, in purported compliance with a requirement under this section—