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) the entry, by the use of reasonable force if necessary, into or onto the premises where the devices or enhancement equipment is reasonably believed to be or likely to be, and other premises adjoining or providing access to the premises, in order to retrieve the devices or enhancement equipment;
- (c) the temporary removal of any conveyance or object from any premises for the retrieval of the devices or enhancement equipment and the return of the conveyance or object to the premises;
- (d) the breaking open of anything for the retrieval of the devices or enhancement equipment; and
- (e) the provision of assistance for the execution of the warrant.
(6) A device retrieval warrant which authorizes the retrieval of tracking devices also authorizes the use of the devices and enhancement equipment for the devices solely for the purposes of the location and retrieval of the devices or enhancement equipment.
(7) If, while a device retrieval warrant is in force but not yet completely executed, an officer of the Police Force who is for the time being in charge of the execution of the warrant—
- (a) becomes aware that subsection (1)(a) or (b) does not apply to the devices or any of the devices specified in the warrant; or
- (b) is of the opinion that the warrant or a part of the warrant cannot for whatever reason be executed,
the officer must, as soon as reasonably practicable after becoming aware of the matter or forming the opinion, cause a report on the matter or opinion to be provided to the Chief Executive.
