Page:Hong Kong National Security Law Article 43 Implementation Rules.pdf/8

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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 1
L.N. 139 of 2020
Section 1
B2411

Schedule 1

[r. 2]

Rules Relating to Search of Places for Evidence

1. Interpretation

In this Schedule—

place (地方) means any place, and includes—

(a) any vehicle, vessel, aircraft, hovercraft or other conveyance;
(b) any tent or structure (whether or not movable or offshore); and
(c) any electronic equipment;

specified evidence (指明證據) means anything that is or contains, or that is likely to be or contain, evidence of an offence endangering national security.

2. Magistrate’s warrants

(1) A police officer may, for investigation of an offence endangering national security, apply to a magistrate by information on oath for a warrant under this section in relation to the place specified in the information.

(2) A magistrate may issue a warrant authorizing a police officer with such assistants as may be necessary to enter and search any place if the magistrate is satisfied by information on oath that there is reasonable ground for suspecting that any specified evidence is in the place.

(3) A warrant issued under subsection (2) authorizes the police officer to—