Page:Hong Kong National Security Law Article 43 Implementation Rules.pdf/65

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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 6—Part 2—Division 1
L.N. 139 of 2020
Section 4
B2525

(b) the likely value and relevance, in relation to the purpose sought, of the information likely to be obtained by conducting the interception or covert surveillance.

3. Who can apply for prescribed authorizations

A person who applies for a prescribed authorization under this Schedule must be an officer of the Police Force who is responsible for the enforcement of the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region.

Part 2
Prescribed Authorizations and Safeguards

Division 1—Chief Executive’s Authorization

4. Authorization for interception or covert surveillance

(1) An officer of the Police Force may, with the approval of a directorate officer, make an application to the Chief Executive in writing, supported by a written statement by the applicant (which is to comply with the requirements specified in Division 1 or 2 of Part 4 of this Schedule as may be applicable), for an authorization for interception, Type 1 surveillance or Type 2 surveillance to be conducted.

(2) The Chief Executive may, on considering whether the application has met the conditions under section 2 of this Schedule—