Page:Hong Kong National Security Law Article 43 Implementation Rules.pdf/71

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

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(c) the incidental interception of communication which necessarily arises from the interception of communications authorized to be conducted under the authorization; and

(d) where subsection (1)(a)(ii) or (b)(ii) is applicable, the provision to any person, for the execution of the authorization, of particulars of the addresses, numbers, apparatus or other factors, or combination of factors, that are to be used for identifying—

(i) in the case of subsection (1)(a)(ii), the communications made to or by the person specified in the authorization; or

(ii) in the case of subsection (1)(b)(ii), the communications made to or from telecommunications service that the person specified in the authorization is using, or is reasonably expected to use.

(5) A Chief Executive’s authorization for covert surveillance also authorizes—

(a) where subsection (2)(a) is applicable—

(i) the installation, use and maintenance of the surveillance devices authorized to be used under the authorization in or on the premises specified in the authorization; and

(ii) in the case of Type 1 surveillance, the entry, by the use of reasonable force if necessary, into or onto the premises, and other premises adjoining or providing access to the premises, in order to carry out a conduct authorized or required to be carried out under the authorization;