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 6—Part 1
L.N. 139 of 2020
Section 2
B2523
- (i) (in the case of paragraph (a)(i)) the relevant offences endangering national security to be prevented or detected; or
- (ii) (in the case of paragraph (a)(ii)) any activity which constitutes or would constitute the relevant threat to national security; and
- (c) the interception or covert surveillance is necessary for, and proportionate to, the purpose sought, on considering—
- (i) the balance between the relevant factors and the intrusiveness of the interception or covert surveillance on any person who is to be the subject of or may be affected by the interception or covert surveillance;
- (ii) whether the purpose sought can reasonably be furthered by other less intrusive means; and
- (iii) such other matters that are relevant in the circumstances.
(2) In this section—
relevant factors (有關因素) means—
- (a) the following factors—
- (i) in the case of subsection (1)(a)(i)—the immediacy and gravity of the relevant offences endangering national security to be prevented or detected; or
- (ii) in the case of subsection (1)(a)(ii)—the immediacy and gravity of the relevant threat to national security; and
