Page:Hong Kong National Security Law Article 43 Implementation Rules.pdf/23

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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 3
L.N. 139 of 2020
Section 4
B2441

(6) If any property specified in the notice involves immovable property, the notice is taken to be an instrument affecting land and is registrable under the Land Registration Ordinance (Cap. 128) in the way that the Land Registrar considers appropriate.

(7) If the Secretary for Security has reasonable cause to suspect that any property specified in the notice will be removed from Hong Kong, the Secretary may in the notice—

(a) give a direction that a police officer may, for the purpose of preventing the property from being removed from Hong Kong, seize the property;
(b) give directions in accordance with which the property so seized is to be dealt with.

(8) A person who knowingly contravenes a notice under subsection (1) commits an offence and is liable on conviction on indictment to a fine and to imprisonment for 7 years.

(9) A person who, without reasonable excuse, contravenes a requirement under subsection (5) commits an offence and is liable on conviction to a fine of $100,000 and to imprisonment for 3 months.

4. Applications to Court of First Instance

(1) Where a notice has been served under section 3 of this Schedule, then—

(a) any person by, for or on behalf of whom any property specified in the notice is held, or any other person in respect of whom the Court of First Instance is satisfied that the person is affected by the notice, may make an application to the Court of