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 13
B2549
- (ii) (in the case of a telecommunications interception) a telecommunications service used at an office or other relevant premises, or a residence, of a lawyer, or a telecommunications service known or reasonably expected to be known by the applicant for the prescribed authorization to be ordinarily used by a lawyer for the purpose of providing legal advice to clients; and
- (b) no prescribed authorization may authorize covert surveillance to be conducted in respect of oral or written communications taking place at an office or other relevant premises, or a residence, of a lawyer.
(2) For the purposes of subsection (1), exceptional circumstances exist if the relevant authority is satisfied that there are reasonable grounds to believe—
- (a) that—
- (i) the lawyer concerned;
- (ii) other lawyers practising with the lawyer concerned or other persons working in the office of the lawyer concerned; or
- (iii) in the case of a residence of the lawyer, other persons residing in the residence,
- are parties to any activity which constitutes or would constitute an offence endangering national security or a threat to national security; or
- (b) that any of the communications concerned is for the furtherance of a criminal purpose.
