Page:Hong Kong National Security Law Article 43 Implementation Rules.pdf/112

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.

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
B2619

(5) Where an application under subsection (1) relates to material of a particular description, an order under subsection (2) may be made only where an application in relation to particular material is not reasonably practicable.

(6) Where a court makes an order under subsection (2)(b) in relation to material on any premises it may, on the same or a subsequent application of an authorized officer, order any person who appears to it to be entitled to grant entry to the premises to allow an authorized officer to enter the premises to obtain access to the material.

(7) An application for the discharge or variation of an order made under subsection (2) or (6) may be made by any person who is subject to the order.

(8) Where material to which an application under this section relates consists of information recorded otherwise than in legible form—

(a) an order under subsection (2)(a) is to have effect as an order to produce the material to an authorized officer in a form in which it can be taken away by the officer; and
(b) an order under subsection (2)(b) is to have effect as an order to give an authorized officer access to the material in a form in which it is visible and legible.

(9) Where an order made under subsection (2)(a) relates to information recorded otherwise than in legible form, an authorized officer may, by notice in writing, require the person to produce the material in a form in which it is visible and legible and can be taken away, and may by like notice release the person from any obligation under the order to produce the material in the form in which it is recorded.