Page:Hong Kong National Security Law Article 43 Implementation Rules.pdf/60

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.

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 5
L.N. 139 of 2020
Section 3
B2515

(ii) the assets, income, sources of income, and expenditure of the agent in Hong Kong.
(b) if the agent is an organization—
(i) the personal particulars of the staff of the organization in Hong Kong, and of the members of the organization in Hong Kong (including name, age, type and number of identification document, occupation and residential address);
(ii) the activities of the organization in Hong Kong;
(iii) the assets, income, sources of income, and expenditure of the organization in Hong Kong.

(2) If an agent fails to comply with a notice served under subsection (1)(a), the agent commits an offence and is liable on conviction on indictment to a fine of $100,000 and to imprisonment for 6 months unless the agent establishes to the satisfaction of the court that the agent has exercised due diligence and has failed to comply with the notice for reasons beyond the agent’s controls.

(3) If a foreign agent or Taiwan agent is an organization—

(a) the obligations imposed on the agent by subsection (1)(b) is binding on every office-bearer in Hong Kong, and on every person managing or assisting in the management of the organization in Hong Kong, if the office-bearer or person has been served with the notice under subsection (1); and
(b) if the agent fails to comply with a notice served under subsection (1)(b), every office-bearer and person who is mentioned in paragraph (a) and who has been served with the notice commits an offence and is liable on conviction on indictment to a fine of $100,000 and to imprisonment for 6 months unless