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
20. Operating Principles and Guidelines
(1) The Secretary for Security must issue Operating Principles and Guidelines for the purpose of providing operating principles and guidance to officers of the Police Force in respect of matters provided for in this Schedule, and may from time to time revise the whole or any part of the Operating Principles and Guidelines.
(2) Officers of the Police Force must, in performing any function under this Schedule or for the implementation of any provision of this Schedule, comply with the provisions of the Operating Principles and Guidelines.
(3) A failure on the part of any person to comply with any provision of the Operating Principles and Guidelines—
- (a) is for all purposes not of itself to be regarded as a failure to comply with any provision of this Schedule; and
- (b) without prejudice to paragraph (a), does not affect the validity of any prescribed authorization or device retrieval warrant.
21. Immunity
(1) Subject to subsection (2), a person does not incur civil or criminal liability by reason only of—
- (a) a conduct carried out pursuant to a prescribed authorization or device retrieval warrant, or an incidental conduct;
- (b) the person’s performance or purported performance in good faith of any function under this Schedule; or
- (c) the person’s compliance with a requirement made or purportedly made under this Schedule.
