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
3. Order to make material available
(1) The Secretary for Justice or an authorized officer may, for the purpose of an investigation into—
- (a) an offence endangering national security; or
- (b) the proceeds of an offence endangering national security of any person who has committed or is suspected of having committed an offence endangering national security,
make an ex parte application to the Court of First Instance for an order under subsection (2) in relation to particular material or to material of a particular description, whether in Hong Kong or, in the case of an application by the Secretary for Justice, elsewhere.
(2) Subject to subsection (5), the court may, if on such an application it is satisfied that the conditions in subsection (4)(a), (c) and (d) or subsection (4)(b), (c) and (d) are fulfilled, make an order that the person who appears to the court to be in possession or control of the material to which the application relates must—
- (a) produce the material to an authorized officer for the officer to take away; or
- (b) give an authorized officer access to it, within such period as the order may specify.
(3) The period to be specified in an order under subsection (2) must be 7 days unless it appears to the court that a longer or shorter period would be appropriate in the particular circumstances of the application.
(4) The conditions referred to in subsection (2) are—
