Page:Hong Kong National Security Law Article 43 Implementation Rules.pdf/85

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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 6—Part 2—Division 4
L.N. 139 of 2020
Section 18
B2565

(ii) the application for the renewal of a Chief Executive’s authorization; or
(iii) the application for the confirmation of an emergency authorization; or
(b) becomes aware that there has been a material change in the circumstances (including the arrest of the subject of the interception or covert surveillance) on the basis of which the authorization was issued or renewed, or the emergency authorization was confirmed.

(2) The officer must, as soon as reasonably practicable after becoming aware of the matter described in subsection (1)(a) or (b), cause a report on the matter to be provided to the relevant authority by whom the prescribed authorization has been issued or renewed, or the emergency authorization has been confirmed (as may be applicable).

(3) Where the relevant authority receives a report under subsection (2), if the relevant authority considers that the conditions for the continuance of the prescribed authorization concerned or a part of the prescribed authorization concerned under section 2 of this Schedule are not met, the relevant authority must revoke the authorization or that part of the authorization.

(4) If the prescribed authorization or a part of the prescribed authorization is revoked under subsection (3), the authorization or that part of the authorization, despite the relevant duration provision, ceases to have effect from the time of the revocation.

(5) If the prescribed authorization is not revoked or only part of the prescribed authorization is revoked, the relevant authority may do one or both of the following—