Page:Hong Kong National Security Law Article 43 Implementation Rules.pdf/24

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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 5
B2443

First Instance for the notice to be revoked to the extent that it relates to the property so specified; and
(b) the Court of First Instance must grant the application unless it is satisfied that there are reasonable grounds to suspect that the property is offence related property.

(2) Any person affected by a notice served under section 3 of this Schedule (including a person affected by the operation of that section) may make an application to the Court of First Instance for the grant or variation of a licence mentioned in section 3(1) of this Schedule, or the revocation or variation of a direction mentioned in section 3(7) of this Schedule. The Court of First Instance must not grant the application unless it is satisfied that it is reasonable in all the circumstances of the case to do so.

(3) A person who makes an application under subsection (1) or (2) must give notice of the application to the Secretary for Justice and any other person affected in accordance with the rules of court that are applicable under section 15 of this Schedule.

(4) The Secretary for Security must, as soon as is reasonably practicable, cause a determination made by the Court of First Instance under this section to be implemented.

5. Disclosure of knowledge or suspicion that property is offence related property etc.

(1) Where a person knows or suspects that any property is offence related property, then the person must disclose to a police officer the information or other matter—

(a) on which the knowledge or suspicion is based; and