Page:Hong Kong National Security Law Article 43 Implementation Rules.pdf/50

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

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Part 3
Requirements to Provide Identification Record or Decryption Assistance for Electronic Message

9. Power to make requirements

(1) A magistrate may issue a warrant authorizing a police officer to exercise the power specified in subsection (3) if the magistrate is satisfied by information on oath that—

(a) there is reasonable ground for suspecting that—

(i) a person has published an electronic message on an electronic platform;

(ii) the publication is likely to constitute an offence endangering national security or is likely to cause the occurrence of an offence endangering national security; and

(iii) a service provider has in its possession, custody or control an identification record for the message, or may provide decryption assistance in respect of the message; and

(b) it is necessary to obtain the record or assistance from the service provider for the investigation, containment or prevention of the offence.

(2) However, a specified police officer or a police officer authorized by the specified police officer may exercise the power specified in subsection (3) without warrant if the specified police officer is satisfied that—

(a) there is reasonable ground for suspecting that—

(i) a person has published an electronic message on an electronic platform;