Page:Safeguarding National Security Ordinance.pdf/119

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

Safeguarding National Security Ordinance

Part 7—Division 1
Ord. No. 6 of 2024
Section 79
A653

specified in subsection (2) exist, then, unless the arrested person is charged, the person must be discharged, in circumstances in which section 52(3) of Cap. 232 applies, immediately.

Subdivision 2—Applications may be Made to Court for Imposition of Appropriate Restrictions in relation to Consultation with Legal Representatives in View of Circumstances Endangering National Security

79. Consultation with relevant particular legal representatives may be restricted in view of circumstances endangering national security

(1) This section applies if a person is arrested for being reasonably suspected of having committed an offence endangering national security and is detained in police custody, and during the detention in police custody, the person requests to consult, or is consulting, a particular legal representative or particular legal representatives.

(2) A police officer of the rank of Chief Superintendent or above or a police officer authorized by that officer may, by ex parte application supported by information on oath, apply to a magistrate for the issue by the magistrate of a warrant in relation to the person under this section.

(3) If the magistrate hearing the application is satisfied that there are reasonable grounds to believe that the circumstances specified in subsection (4) exist, the magistrate may issue a warrant authorizing a police officer to impose the following restriction on the person—

(a) the person must not, during the person’s detention in police custody—
(i) consult the particular legal representative or legal representatives; or