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
17. Non-admissibility of telecommunications interception product
(1) A telecommunications interception product is not admissible in evidence in any proceedings before a court other than to prove that a relevant offence has been committed.
(2) Based on public interest considerations, a telecommunications interception product, and particulars as to a telecommunications interception conducted pursuant to a relevant prescribed authorization, must not be made available to any party to proceedings before a court, including the prosecution (other than any such proceedings instituted for a relevant offence).
(3) In any proceedings before a court (other than such proceedings instituted for a relevant offence), evidence or question which tends to suggest the following matters may not be adduced or asked—
- (a) that an application has been made for the issue or renewal of a relevant prescribed authorization, or the issue of a relevant device retrieval warrant, under this Schedule;
- (b) that a relevant prescribed authorization has been issued or renewed, or a relevant device retrieval warrant has been issued, under this Schedule;
- (c) that a requirement has been imposed on any person to provide assistance for the execution of a relevant prescribed authorization or a relevant device retrieval warrant; or
- (d) that information has been obtained pursuant to a relevant prescribed authorization.
