Page:Hong Kong National Security Law Article 43 Implementation Rules.pdf/75

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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 3
L.N. 139 of 2020
Section 12
B2545

(4) Where the Chief Executive specifies variations or new conditions under subsection (3)(a), the emergency authorization is only to have effect subject to the variations, and any new conditions, specified by the Chief Executive, from the time of the determination.

(5) Where the Chief Executive refuses to confirm the emergency authorization under subsection (3)(b), the emergency authorization is, despite any other provision of this Schedule, to be revoked on the making of the determination. The Chief Executive may order the Commissioner of Police to cause the immediate destruction of any information obtained by conducting the interception or Type 1 surveillance concerned.

11. Matters authorized or required by emergency authorizations

Section 8 of this Schedule applies to an emergency authorization, as if references to a Chief Executive’s authorization for interception or Type 1 surveillance in that section were references to an emergency authorization.

Division 3—Other Provisions Related to Prescribed Authorizations

12. What prescribed authorization also authorizes

A prescribed authorization also authorizes the undertaking of a conduct, including the following conduct, that is necessary for and incidental to the carrying out of what is authorized or required to be carried out under the authorization—

(a) the retrieval of devices authorized to be used under the authorization;
(b) the installation, use, maintenance and retrieval of an enhancement equipment for the devices;