Page:Hong Kong National Security Law Article 43 Implementation Rules.pdf/45

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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 4—Part 1
L.N. 139 of 2020
Section 3
B2485

intermediary service (中介服務) means—

(a) a service that allows end-users to access materials originating from third parties through a carriage service;
(b) a service of transmitting such materials to end-users through a carriage service; or
(c) a service of displaying, to an end-user who uses the service to make a search through a carriage service, an index of search results, each of which links that end-user to content hosted or stored at a location that is separate from the location of the index of search results;

platform service provider (平台服務商), in relation to an electronic platform, means a person that supplies an intermediary service for the platform.

3. Meaning of hosting service and hosting service provider

(1) For the purposes of this Schedule, if—

(a) a person (first person) hosts stored material that has been posted on an electronic platform; and
(b) the first person or another person provides an intermediary service for the platform,

the hosting of the stored material by the first person is taken to be the provision by the first person of a hosting service for the platform.

(2) In this Schedule—

hosting service provider (主機服務商), in relation to an electronic platform, means a person that supplies a hosting service for the platform.