Page:Hong Kong National Security Law Article 43 Implementation Rules.pdf/81

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.

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 4
L.N. 139 of 2020
Section 16
B2557

15. Prescribed authorizations and device retrieval warrants not affected by minor defects

(1) A prescribed authorization or device retrieval warrant is not affected by any minor defect relating to it.

(2) Information (including any protected product) obtained pursuant to a prescribed authorization is not by reason only of minor defect relating to the prescribed authorization to be rendered inadmissible in evidence in any proceedings before a court.

Division 4—Further Safeguards

16. Safeguards for protected products

(1) Where any protected product has been obtained pursuant to a prescribed authorization, the Commissioner of Police must make arrangements to ensure—

(a) that the following are limited to the minimum that is necessary for the relevant purpose of the authorization—
(i) the extent to which the protected product is disclosed;
(ii) the number of persons to whom any of the protected product is disclosed;
(iii) the extent to which the protected product is copied; and
(iv) the number of copies made of the protected product;
(b) that all practicable steps are taken to ensure that the protected product is protected against unauthorized or accidental access, processing, erasure or other use; and