Page:Hong Kong National Security Law Article 43 Implementation Rules.pdf/48

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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 2
L.N. 139 of 2020
Section 6
B2491

(a) a person has published an electronic message on an electronic platform; and
(b) the publication is likely to constitute an offence endangering national security or is likely to cause the occurrence of an offence endangering national security.

7. Power to make requirements

(1) The powers under subsections (2), (3), (4) and (5) are specified for the purposes of section 6 of this Schedule.

(2) The designated officer may require the person who has published the electronic message on the electronic platform to remove the message from the platform before the deadline specified by the officer.

(3) The designated officer may require the platform service provider for the electronic platform to take a disabling action on the electronic message before the deadline specified by the officer.

(4) The designated officer—

(a) may notify a hosting service provider for the electronic platform of any requirement issued under subsection (3) to the platform service provider; and
(b) if it is not reasonably practicable to issue a requirement to the platform service provider under subsection (3), or the platform service provider fails to comply with a requirement issued under that subsection—may require the hosting service provider to take a disabling action on the electronic message before the deadline specified by the officer.

(5) The designated officer—

(a) may notify a network service provider of—