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
- (b) it is necessary to remove the message from the platform to safeguard national security,
the magistrate may issue a warrant authorizing a police officer to seize an electronic device of the person, and to take any reasonably necessary action on the device, for removing the message from the platform.
12. Non-compliance of service provider
(1) If a service provider fails to comply with a requirement issued under section 7 or 9(3) of this Schedule, the service provider commits an offence and is liable on conviction on indictment to a fine of $100,000 and to imprisonment for 6 months.
(2) It is a defence for a service provider charged under subsection (1) for a failure to comply with a requirement issued under section 7 of this Schedule to show that the service provider had a specified excuse for the failure.
(3) A defendant is to be taken to have shown that the defendant had a specified excuse for the failure to comply with a requirement issued under section 7 of this Schedule if—
- (a) sufficient evidence is adduced to raise an issue that the defendant had such an excuse; and
- (b) the contrary is not proved by the prosecution beyond reasonable doubt.
(4) For the purposes of this section, a service provider had a specified excuse for a failure to comply with a requirement if it was not reasonable to expect the service provider to comply with the requirement because—
- (a) the technology necessary for complying with the requirement was not reasonably available to the service provider; or
