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
- (a) (if satisfied that the conditions have been met) issue in writing the authorization sought under the application, with or without variations; or
- (b) refuse to issue the authorization, giving the reason for the refusal in writing.
(3) When issuing the authorization, the Chief Executive must specify the duration (which in any case is not to begin at a time earlier than the time when the authorization is issued). Subject to any renewal under section 6 of this Schedule, the authorization ceases to have effect on the expiry of the duration (which is not to be longer than the period of 6 months beginning with the time when the authorization takes effect).
5. Authorization for Type 2 surveillance
(1) The Chief Executive may designate a directorate officer to be an authorizing officer for Type 2 surveillance.
(2) An officer of the Police Force may make an application to an authorizing officer in writing, supported by a written statement by the applicant (which is to comply with the requirements specified in Division 2 of Part 4 of this Schedule), for an authorization for Type 2 surveillance to be conducted.
(3) The authorizing officer may, on considering whether the application has met the conditions under section 2 of this Schedule—
- (a) (if satisfied that the conditions have been met) issue in writing the authorization sought under the application, with or without variations; or
- (b) refuse to issue the authorization, giving the reason for the refusal in writing.
