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 6
B2449
- (a) any of the following circumstances is present—
- (i) proceedings have been instituted against the defendant for an offence endangering national security, or an application under section 9 of this Schedule for a confiscation order to be made against the defendant or an application under section 10 of this Schedule for variation of a confiscation order has been made, and the proceedings have not, or the application has not been concluded;
- (ii) a person (defendant) has been arrested for an offence endangering national security, and the Court of First Instance is satisfied that, in all the circumstances of the case, there is reasonable ground to believe that the defendant may be charged with the offence after further investigation is carried out;
- (iii) the Court of First Instance is satisfied that a person (defendant) is to be charged with an offence endangering national security; and
- (b) the Court of First Instance is satisfied that there is reasonable ground to believe—
- (i) if an application for variation of a confiscation order has been made—that the Court of First Instance will be satisfied of the matters specified in section 10(2) of this Schedule; or
- (ii) in any other case—that the defendant has benefited from that offence.
(2) A restraint order or charging order may be made on an ex parte application to the Court of First Instance in chambers.
