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 3
B2617
- (a) where the investigation is into an offence endangering national security, that there are reasonable grounds for suspecting that the offence endangering national security has been committed;
- (b) where the investigation is into a person’s proceeds of an offence endangering national security—
- (i) that the person has committed an offence endangering national security, or that there are reasonable grounds for suspecting that the person has committed an offence endangering national security; and
- (ii) that there are reasonable grounds for suspecting that the person has benefited from an offence endangering national security;
- (c) that there are reasonable grounds for believing that the material to which the application relates—
- (i) is likely to be relevant to the investigation for the purpose of which the application is made; and
- (ii) does not consist of or include items subject to legal professional privilege;
- (d) that there are reasonable grounds for believing that it is in the public interest that the material should be produced or that access to it should be given, having regard to—
- (i) the benefit likely to accrue to the investigation if the material is obtained; and
- (ii) the circumstances under which the person in possession or control of the material holds or controls it, as the case may be.
