Page:Hong Kong National Security Law Article 43 Implementation Rules.pdf/54

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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 5
L.N. 139 of 2020
Section 13
B2503

(b) there was a risk of incurring substantial loss to, or otherwise substantially prejudicing the right of, a third party.

Part 5
Miscellaneous

13. Designated officer

The Secretary for Security may appoint a public officer as a designated officer for the purposes of this Schedule.

14. Extra-territorial application

(1) A power is exercisable under section 7(2) of this Schedule regardless of whether or not the electronic message is posted within or outside Hong Kong on the electronic platform.

(2) A power is exercisable under section 7(3) of this Schedule regardless of whether or not the intermediary service is provided within or outside Hong Kong.

(3) A power is exercisable under section 7(4)(b) of this Schedule regardless of whether or not the hosting service is provided within or outside Hong Kong.

(4) A power is exercisable under section 7(5)(b) of this Schedule in relation to a network service provider of an internet service or specified network service (within the meaning of section 4) if the service is available to an enduser in Hong Kong, regardless of whether or not the service is provided within or outside Hong Kong.

(5) A power is exercisable under section 9(3) of this Schedule regardless of whether or not the identification record or decryption key is located within or outside Hong Kong.