Page:Hong Kong National Security Law Article 43 Implementation Rules.pdf/78

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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 14
B2551

(3) To avoid doubt, information that is subject to legal professional privilege is to remain privileged despite that it has been obtained pursuant to a prescribed authorization.

(4) In this section—

lawyer (律師) means a barrister, solicitor or foreign lawyer as defined by section 2(1) of the Legal Practitioners Ordinance (Cap. 159) who practises as such, or any person holding an appointment under section 3(1) of the Legal Aid Ordinance (Cap. 91);

other relevant premises (其他有關處所), in relation to a lawyer, means any premises, other than an office of the lawyer, that are known or reasonably expected to be known by the applicant for the prescribed authorization to be ordinarily used by the lawyer and by other lawyers for the purpose of providing legal advice to clients (including any premises ordinarily used by lawyers for the purpose of providing legal advice to clients when in court or visiting a prison, police station or other place where any person is detained).

14. Issue of device retrieval warrants after prescribed authorizations having ceased to have effect

(1) Where a prescribed authorization has in any way ceased to have effect under this Schedule, an officer of the Police Force may make an application to the Chief Executive in writing, supported by a written statement by the applicant (which is to comply with the requirements specified in Part 5 of this Schedule), for the issue of a device retrieval warrant authorizing the retrieval of the devices authorized to be used under the authorization if such devices—

(a) have been installed in or on any premises or object, pursuant to the authorization; and