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 14
B2473
- (A) those proceedings are continued or reinstituted but do not result in that person’s conviction for any offence endangering national security; or
- (B) those proceedings are not continued or reinstituted within a reasonable period after it is known to the Secretary for Justice that that person has ceased to be an absconder;
- (d) proceedings are instituted against that person and that person is convicted of an offence endangering national security, but—
- (i) the conviction concerned is quashed; or
- (ii) that person is granted a pardon in respect of the conviction concerned,
the Court of First Instance may, on application by a person who held property which was realisable property (or, in the case of such a person who has died, the personal representative of such a person), order compensation to be paid by the Government to the applicant if, having regard to all the circumstances, it considers it appropriate to make such an order.
(2) The Court of First Instance must not order compensation to be paid under subsection (1) unless it is satisfied—
- (a) that there has been some serious default on the part of any person concerned in the investigation or prosecution of the offence concerned; and
- (b) that the applicant has suffered loss in consequence of anything done in relation to the property by or in pursuance of an order of the Court of First Instance under this Schedule.
