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
- (a) an application made under section 3(1) of this Schedule for the return of a travel document is granted; or
- (b) an application made under section 4(1) of this Schedule for permission to leave Hong Kong is granted.
(5) If a person on whom a notice under subsection (1) has been served fails to comply with the notice immediately, the person may be arrested and taken before a magistrate by a police officer.
(6) Where a person is taken before a magistrate under subsection (5), the magistrate must, unless the person immediately complies with the notice under subsection (1) or satisfies the magistrate that the person does not possess a travel document, by warrant commit the person to prison there to be safely kept—
- (a) until the expiry of the period of 28 days from the date of the person’s committal to prison; or
- (b) until the person complies with the notice under subsection (1) and a magistrate, by order, orders and directs the Commissioner of Correctional Services to discharge the person from prison (which order is sufficient warrant for the Commissioner of Correctional Services so to do),
whichever occurs first.
(7) Subject to subsection (8), a travel document surrendered to a police officer in compliance with a notice under subsection (1) may be detained for a period of 6 months from the date of the notice unless an application made under section 3(1) of this Schedule for the return of the travel document is granted.
