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 3
L.N. 139 of 2020
Section 9
B2497
- (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;
- (b) it is necessary to obtain the record or assistance from the service provider for the investigation, containment or prevention of the offence; and
- (c) a delay caused by an application for a warrant under subsection (1) is likely to defeat the purpose of obtaining the record or assistance, or for any reason it is not reasonably practicable to make the application.
(3) For the purposes of subsection (1) or (2), the police officer may require the service provider to provide the identification record or decryption assistance (as the case requires).
(4) For the purposes of this section, an identification record for an electronic message published on an electronic platform is a record containing information about the identity of the person who has published the message on the platform.
