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
- (b) are still in or on such premises or object, or are in or on any other premises or object.
(2) The Chief Executive may—
- (a) issue in writing the device retrieval warrant sought under the application, with or without variations; or
- (b) refuse to issue the device retrieval warrant, giving the reason for the refusal in writing.
(3) When issuing the device retrieval warrant, the Chief Executive must specify the duration (which in any case is not to begin at a time earlier than the time when the warrant is issued). The warrant ceases to have effect on the expiry of the duration (which is not to be longer than the period of 3 months beginning with the time when the warrant takes effect).
(4) A device retrieval warrant may authorize the retrieval of a device specified in the warrant, and may contain terms that authorize the carrying out of one or both of the following—
- (a) the doing of anything reasonably necessary to conceal a conduct authorized to be carried out under the warrant;
- (b) if it is reasonably necessary for the execution of the warrant, the interference with properties (whether or not of any person who is the subject of the interception or covert surveillance concerned).
(5) A device retrieval warrant 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 to be carried out under the warrant—
- (a) the retrieval of an enhancement equipment for the devices authorized to be retrieved under the warrant;
