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
5. Offence of prejudicing investigation
(1) Where an order under section 2 or 3 of this Schedule has been made or has been applied for and has not been refused, a person who, knowing or suspecting that the investigation in relation to which the order has been made or applied for is taking place—
- (a) without lawful authority or reasonable excuse makes any disclosure intending to prejudice the investigation or makes any disclosure being reckless as to whether the disclosure will prejudice the investigation; or
- (b) falsifies, conceals, destroys or otherwise disposes of, or causes or permits the falsification, concealment, destruction or disposal of any material—
- (i) knowing or suspecting that the material is likely to be relevant to the investigation; and
- (ii) intending to conceal the facts disclosed by the material from persons carrying out the investigation,
commits an offence.
(2) Where a person has been arrested in connection with an investigation specified in subsection (1), that subsection does not apply as regards any disclosure in respect of the investigation made after such arrest.
(3) A person who commits an offence under this section is liable on conviction on indictment to a fine and to imprisonment for 7 years.
