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
Division 2—Emergency Authorization
9. Emergency authorization for interception or Type 1 surveillance in case of emergency
(1) An officer of the Police Force may apply to the Commissioner of Police for the issue of an emergency authorization for interception or Type 1 surveillance to be conducted, if the officer considers that—
- (a) there is immediate need for the interception or Type 1 surveillance to be conducted by reason of an imminent risk of—
- (i) death or serious bodily harm of any person;
- (ii) substantial damage to property;
- (iii) serious threat to national security; or
- (iv) loss of vital evidence; and
- (b) having regard to all the circumstances of the case, it is not reasonably practicable to apply in writing for the issue of a Chief Executive's authorization under section 4 of this Schedule.
(2) The Commissioner of Police may, on considering whether subsection (1)(a) and (b) applies, and whether the application has met the conditions under section 2 of this Schedule—
- (a) (if satisfied that the subsection is applicable and the conditions have been met) issue the emergency authorization sought under the application, with or without variations; or
- (b) refuse to issue the emergency authorization.
(3) When issuing the emergency authorization, the Commissioner of Police must specify the duration (which in any case is not to begin at a time earlier than the time
